LEG00158

• Bill Number: SB01-161
• Year: 2001
• Title: Concerning Methods for Increasing the Supply of Available Water, and, in connection therewith, Directing the Colorado Water Conservation Board to Study Water Supply Demands and Alternatives for Meetin
• Legislation - Doc Type: Other CWCB Related Bills - Killed

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A PRECONDITION OF COMPLETING A TRANSACTION WITH THE BANK,

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(2) SALES, LEASES, LOANS, AND EXCHANGES EFFECTUATED

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THROUGH A WATER BANK SHALL NOT REQUIRE ADJUDICATION PURSUANT

TO ARTICLE 92 OF THIS TITLE, AND THE STATE ENGINEER SHALL GIVE FULL

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RECOGNlTIONTO AND SHALL ADMINISTER SUCH SALES, LEASES, LOANS, AND

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EXCHANGES NOTWITHSTANDING THE FACT THAT THEY MAY NOT HAVE BEEN

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ADJUDICATED; EXCEPT THAT, IF THE STATE ENGINEER RECEIVES A

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REFERRAL PURSUANT TO PARAGRAPH (d) OF SUBSECTION (I) OF THIS

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SECTION, OR IF THE STATE ENGINEER HAS REASON TO BELIEVE THAT AN

ENTITY HAS FAILED TO SUBSTANTIALLY COMPLY WITH THE TERMS OF ANY

CONCURRENCY MANAGEMENT PLAN WITH WHICH THE ENTITY HAS AGREED

TO COMPLY AS A PRECONDITION OF COMPLETING A TRANSACTION WITH A

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WATER BANK, THE STATE ENGINEER MAY TAKE ANY APPROPRIATE

ADMINISTRATIVE ACTION PURSUANT TO THE PROVISIONS OF THIS TITLE,

(3) A WATER BANK MAY NOT ACCEPT A DEPOSIT OF WATER FROM

A WATER DIVISION OTHER THAN THE WATER DIVISION IN WHICH THE WATER

BANK IS CHARTERED UNLESS THE DEPOSIT HAS BEEN WITHDRAWN FROM

ANOTHER WATER BANK CHARTERED IN THE WATER DIVISION FROM WHICH

THE WATER ORIGINATED,

37-80.5-106. Cessation of operations - surrender of charter. A

WATER BANK THAT CEASES OPERATIONS AFTER COMPLYING WITH SECTION

29-1-204,2 (2) (d), C.R,S" SHALL SURRENDER ITS CHARTER TO THE
COLORADO WATER CONSERVANCY BOARD PURSUANT TO SECTION

37.60.131 (3), ANY WATER REMAINING IN THE BANK THAT HAS NOT

ALREADY BEEN CREDITED AS A WITHDRAWAL SHALL REMAIN THE PROPERTY

OF THE WATER AUTHORITY, OR ITS CONSTITUENT ENTITIES, THAT FORMED

THE WATER BANK,

.20.

SBOI-161