LEG00178

• Bill Number: HB04-1221
• Year: 2004
• Title: Concerning the Funding of CWCB Projects, and Making Appropriations in Connection Therewith
• Legislation - Doc Type: Construction Fund Bill

Ch. 253

Water and Irrigation

885

CONSERVATION BOARD CONSTRUCTION FUND to organizations or entities for the
purchase of augmentation water or the rights to sllch water to replace out-of-priority
depletions to surface water rights and to prevent material depletions of usable
stateline flows THAT MIGHT RESULT in violation of thG Pu1..au>3ab .;....... ....umpu.....L
fi.lo.th..J" ;n tl...... Alka.."",, ,in,. "Ug,Hl(,I~tut;VII louu Mnd lh(' ll\........by GO.t.t;uuutl.dy
c1}}p,vl-',~ul....d tv [11(, bvu...a. All ;ut"'H..,,1 d.....; n,a KUIII tl.... ;11......."1111....111 ULIIUHO"y";1I tll'-'
"'lb..sA" ':Y\.. Clu5IU....ut..t:..m 10<\11 fi..lla J.hall b.... (,.....d;t...,d tv thG Cvlu,udo V\'ul.....
....VIl"....1 "'aevlI buala ....vlI"b.uo...l;.m fUlla COMPACTS OR INTERSTATE DECREES.

(3) The board shall approve or deny applications for loans oR.. WHOOltiH5 w ;th tt.<
AI1.all~.l" .;H.l ....GOu:l;uat;u5 (,VUllll;U...... ""(.u",,...ul;u5 <3Uo""L appl;"al;vll03, based upon
criteria including, but not limited to, whether the:

(a) Source of augmentation water is from a reliable, permanent supply;

(b) Applicant has adequate security or collateral to assure repayment;

(c) Applicant has the ability to repay the loan at an interest rate and over a period
of time as set by the board;

(d) Applicant is able to collect payments for the augmented water from its
members;

(e) Loan will serve the needs ofa broad group of users rather than a specific user;

(f) Loan will assist in maintaining the agricultural viability of the Alkau<3a<3 .;'1...1
nlIey AREA SERVED;

(g) Applicant obtains commitments from its members that any such member who
fails to make payments in accordance with the loan agreement shall cease pumping
water; and

(h) Applicant obtains commitments from its members to comply with any rules or
changes to rules as promulgated or amended by the state engineer that govern the
measurement of 51vUouanaL.... GROUND WATER withdrawals and the use of such
5lvuuavv(l,l...1 ~1I til... '\ll(l,u>3<l.>3 .i~....~ bu.3~". Rul.... ....11(1,..0...>3 Ul(l,} ~u....lua.... but uvt b....
1;11I;b.-d tv lll.... ",,1;1I.;.tI(~t;uu uf lh.... llu........ >3"'V"'U I uk. ""lid au5111.....ttlal;uu plull03 fOl
pU03l ""ulllpJ.d rv....lIs GROUND WATER.

(4) (a) The state engineer shallj>fomlilly and completelv curtail the use ofa well
---by the owner of such well if such owner has accepted the benefit of 0.. A.h.o.""
riveT A WELL augmentation loan fmtd; and fails to make a payment required pursuant
to the terms of subsection (3) ofthis section.

(b) This section shall apply regardless of whether the well owner accepts the
benefit of the A,kau.3u<3 .;'1..... WELL augmentation loan fund directly or through
membership in a participating association or organization.

(c) Curtailment pursuant to this subsection (4) shall remain in effect for as long as
any payment remains past due.