LEG00167

• 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

W (I) A limitation on the use of the water which THAT is subject to
the change, taking into consideration the histod.: HISTORICAL use and the
flexibility required by annual climatic differences;

fbJ (II) The relinquishment of part of the decree for which the
change is sought or the relinquishment of other decrees owned by the
applicant which THAT are used by the applicant in conjunction with the
decree for which the change has been requested, if necessary to prevent an
enlargement upon the his/ol iG HISTORICAL use or diminution of return flow
to the detriment of other appropriators;

feJ (III) A time limitation on the diversion of water for which the
change is sought in terms of months per year;

(IV) IF THE APPLICATION IS FOR THE IMPLEMENTATION OF A
ROTATIONAL CROP MANAGEMENT CONTRACT, SEPARATE ANNUAL
HISTORICAL CONSUMPTIVE USE LIMITS FOR THE PARCELS TO BE ROTATED
ACCORDING TO THE HISTORICAL CONSUMPTIVE USE OF SUCH LANDS. To THE
EXTENT THAT SOME OR ALL OF THE WATER THAT IS THE SUBJECT OF THE
CONTRACT IS NOT UTILIZED AT A NEW PLACE OF USE IN A GIVEN YEAR, SUCH
WATER MAY BE UTILIZED ON THE ORIGINALLY IRRIGATED LANDS IF SO
PROVIDED IN THE DECREE AND CONTRACT AND IF THE ELECTION TO IRRIGATE
IS MADE PRIOR TO THE BEGINNING OF THE IRRIGATION SEASON AND APPLIES
TO THE ENTIRE IRRIGATION SEASON. A FAILURE OF A PARTY TO A
ROTA TIONALCROP MANAGEMENT CONTRACT WHO IS NOT THE OWNER OF THE
IRRIGATION WATER RIGHTS THAT ARE SUBJECT TO THE CONTRACT TO PUT TO
BENEFICIAL USE THE FULL AMOUNT OF WATER THAT WAS DECREED
PURSUANT TO THE APPLICATION FOR APPROVAL OF THE CONTRACT SHALL
NOT BE DEEMED TO REDUCE THE AMOUNT OF HISTORICAL CONSUMPTIVE USE
THAT THE OWNER OF THE WATER RIGHTS HAS MADE OF THE RIGHTS.

fd1 (V) Such other conditions as may be necessary to protect the
vested rights of others.

(b) IF THE WATER JUDGE APPROVES THE IMPLEMENTATION OF A
ROTATIONAL CROP MANAGEMENT CONTRACT, THE ROTATIONAL CROP
MANAGEMENT CONTRACT SHALL BE RECORDED WITH THE CLERK AND
RECORDER OF THE COUNTY IN WHICH THE HISTORlCALL Y IRRIGATED LANDS
ARE LOCATED, AND THE WATER JUDGE SHALL MAKE AFFIRMATIVE FINDINGS
THAT THE IMPLEMENTATION OF THE ROTATIONAL CROP MANAGEMENT

PAGE 4-HOUSE BILL 06-1124