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Last modified
8/15/2009 11:40:39 AM
Creation date
9/30/2006 8:11:52 PM
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Legislation
Bill Number
HB06-1124
Year
2006
Title
Concerning the adjudication of a rotational crop management contract, and making an appropriation in connection therewith
Legislation - Doc Type
Other CWCB Related Bills - Passed
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<br />CONTRACT IN WHICH THE OWNER OR GROUPS OF OWNERS OF IRRIGATION <br />WATER RIGHTS AGREE TO IMPLEMENT A CHANGE OF THE RIGHTS TO A NEW <br />USE BY FOREGOING IRRIGATION OF A PORTION OF THE LANDS HISTORICALLY <br />IRRIGATED AND THAT PROVIDES THA TTHE W ATERRIGHTS OWNER OR GROUPS <br />OF OWNERS MAY ROT A TE THE LANDS THAT WILL NOT BE IRRIGATED AS LONG <br />AS THERE IS NO INJURIOUS EFFECT AS SPECIFIED IN SECTION 37-92-305 (3). <br />THE CONTRACT SHALL ALSO PROVIDE THA TIN THE CHANGE OFW A TER RIGHT <br />PROCEEDING THE WATER RIGHTS OWNER OR GROUPS OF OWNERS SHALL SEEK <br />WATER COURT APPROVAL TO ROTATE THE LANDS THAT WILL NOT BE <br />IRRIGATED AS LONG AS THERE IS NO INJURIOUS EFFECT AS SPECIFIED IN <br />SECTION 37-92-305 (3). <br /> <br />(10.7) "StolagG" vi ",t6IG" IllGanS thG impOUlldlllGllt, pOS5G;,;,ion, and <br />Gvll!lvl of ",atGl by IhcallS of a dam. \Vatc15 in I:1I\dGl!';lOlllld aquifGts atG <br />not ill stvlagG vi ,tvlGd G....GGpt to tllG extent watels ill such aquifGs ale <br />placed thGle by oth" thall11atUlalllKill15 with ",atel to which thG puson <br />placing suGh watGI ;11 thG ulld~lgloulld aquifcI hil, a eOllJit;vllal 01 deelCGd <br />right "SIGNIFICANT W A TERDEVELOPMENT ACTIVITY" MEANS ANY REMOVAL <br />OF WATER THA T RESULTS IN THE TRANSFER OF MORE THAN ONE THOUSAND <br />ACRE-FEET OF CONSUMPTIVE USE OF WATER PER YEAR BY A SINGLE <br />APPLICANT OR AN APPLICANT'S AGENTS. <br /> <br />(10.8) "STORAGE" OR "STORE" MEANS THE IMPOUNDMENT, <br />POSSESSION, AND CONTROL OF WATER BY MEANS OF A DAM. WATERS IN <br />UNDERGROUND AQUIFERS ARE NOT IN STORAGE OR STORED EXCEPT TO THE <br />EXTENT WATERS IN SUCH AQUIFERS ARE PLACED THERE BY OTHER THAN <br />NATURAL MEANS WITH WATER TO WHICH THE PERSON PLACING SUCH WATER <br />IN THE UNDERGROUND AQUIFER HAS A CONDITIONAL OR DECREED RIGHT. <br /> <br />SECTION 2. 37-92-304 (6), Colorado Revised Statutes, is amended <br />to read: <br /> <br />37-92-304. Proceedings by the water judge. (6) Any decision of <br />the water judge as specified in subsection (5) of this section dealing with a <br />change of water right, IMPLEMENTATION OF A ROTATIONAL CROP <br />MANAGEMENT CONTRACT, or a plan for augmentation shall include the <br />condition that the approval of such change, CONTRACT, or pIan shall be <br />subject to reconsideration by the water judge on the question of injury to the <br />vested rights of others for such period after the entry of such decision as is <br />necessary or desirable to preclude or remedy any such injury, Such <br /> <br />PAGE 2-HOUSE BILL 06-1124 <br />
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