LEG00166

• Bill Number: HB03-1320
• Year: 2003
• Title: Drought Loans Water Instream Flows
• Legislation - Doc Type: Other CWCB Related Bills - Passed

water conservation board for use a~ instream flows, subject to
requirements that the state engineer qetermine that such temporary
instream flows will not injure existing water rights of others.

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1 Be it enacted by the General Assembly of the State of Colorado:

2 SECTION 1. 37-83-105, Colorado Revised Statutes, is amended

3 to read:

4 37-83-105. Owner may loan water right - drought loans to

5 Colorado water conservation board for instream flows. (1) It is lawful

6 for the owners of ditches and water rights taking water from the same

7 stream to exchange with, and loan to, eilch other, for a limited time, the

8 water to which each may be entitled, for the purpose of saving crops or

9 using the water in a more economical manner; except that the owners

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making such 10an or exchange shall give notice in writing, signed by all

the owners participating in said 10an or exchange, stating that such loan

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12 or exchange has been made and for whilt length of time the same shall
13 continue, whereupon said division engiJ?-eer shall recognize the same in
14 his OR HER distribution of water.

15 (2) IN ANY BASIN OR COUNTY IN WHICH THE GOVERNOR DECLARES

16 A DROUGHT EMERGENCY, WATERRIGHTOWNERSMAY LOAN WATER TOTHE

17 COLORADO WATER CONSERVATION BOARD FOR USE AS INSTREAM FLOWS

18 FOR A PERIOD NOT TO EXCEED ONE HUNORED TWENTY DAYS, SUBJECT TO

19 THE FOLLOWING:

20 (a) PRIOR TO ACCEPTING THE LOAN, THE COLORADO WATER

21 CONSERVATION BOARD SHALL COMPILE A STATEMENT ABOUT THE

22 DURATION OF THE LOAN, A DESCRIPTION OF THE ORIGINAL POINTS OF

23 DIVERSION, AND OTHER RELEVANT INFQRMATION SUFFICIENT FOR THE

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STATE ENGINEER TO DETERMINE THAT, SUCH LOAN DOES NOT INJURE

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HB03-1320