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<br />e <br /> <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />II <br />12 <br />13 <br />14 <br />IS <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br /> <br />e <br /> <br />e <br /> <br />SECTION 4. 37-83-105, Colorado Revised Statutes, is amended <br />to read: <br />37-83-105. Owner may loan water right. (1) It is lawfulforthe <br />owners of ditches and water rights taking water from the same stream to <br />exchange with, and loan to, each other, for a limited time, the water to <br />which each may be entitled, for the purpose of saving crops or using the <br />water in a more economical manner; except that the owners making such <br />10an or exchange shall give notice in writing, signed by all the owners <br />participating in said 10an or exchange, stating that such 10an or exchange <br />has been made and for what length of time the same shall continue, <br />whereupon said division engineer shall recognize the same in his OR HER <br />distribution of water. <br />(2) (a) THE OWNERS OF SURFACE WATER RIGHTS TAKING WATER <br />FROM THE SAME STREAM MAY USE THE WATER TO WHICH THEY MAY BE <br />ENTITLED FOR WELL AUGMENTATION OR REPLACEMENT PURPOSES IF THE <br />DIVISION ENGINEER APPROVES THE AUGMENT ATION OR REPLACEMENT USE <br />IN ADVANCE AND THE AUGMENTATION OR REPLACEMENT USE DOES NOT <br />CAUSE MATERIAL INJURY TO ANY OTHER VESTED WATER RIGHT. <br />(b) BEFORE APPROVING THE AUGMENTATION OR REPLACEMENT <br />USE, THE DIVISION ENGINEER MAY REQUIRE OWNERS SEEKING TO USE THE <br />SURFACE WATER RIGHTS TO PROVIDE THE DIVISION ENGINEER EVIDENCE OF <br />THEIR LEGAL RIGHT TO USE THE WATER, HOW LONG THE WATER WILL BE <br />USED, A DESCRIPTION OF THE ORIGINAL TIME OF USE, POINTS OF DIVERSION, <br />RETURN FLOW PATTERNS, PLACE AND TYPES OF USE OF THE WATER, A <br />DELAYED IMPACT ANALYSIS OF THE WELL PUMPING EFFECTS ON THE <br />STREAM SYSTEM, AND THE HISTORIC CONSUMPTIVE USE OF THE WATER <br />RIGHT. <br /> <br />-7- <br /> <br />SB03-073 <br />