LEG00185

• Bill Number: HB04-1185
• Year: 2004
• Title: Concerning the Denver Basin Aquifers
• Legislation - Doc Type: Other CWCB Related Bills - Killed

I DENVER BASIN AQUIFERS UNDERLYING ALL OR ANY SUCH SPECIFIED

2 PORTION OF SUCH DISTRICT'S BOUNDARY INTO THE DISTRICT'S WATER

3 SERVICE PLAN. UPON ADOPTION OF SUCH RESOLUTION, THE DISTRICT

4 SHALL FILE WITH THE STATE ENGINEER A DETAILED MAP OF THE LAND AREA

5 AS TO WHICH CONSENT IS DEEMED TO HAVE BEEN GIVEN. UPON THE

6 EFFECTIVE DATE OF SUCH RESOLUTION, THE OWNERS OF LAND THAT

7 OVERLIES SUCH GROUND WATER SHALL BE DEEMED TO HAVE CONSENTED

8 TO THE WITHDRAWAL BY THE DISTRICT OF ALL SUCH GROUND WATER.

9 (II) No SUCH CONSENT PURSUANT TO SUBPARAGRAPH (I) OF THIS
10 PARAGRAPH (d) SHALL BE DEEMED TO BE GIVEN WITH RESPECT TO ANY
11 PORTION OF THE LAND IF:

12 (A) WATER SERVICE TO SUCH PORTION OF THE LAND IS NOT

13 REASONABLY AVAILABLE FROM THE DISTRICT AND NO PLAN HAS BEEN

14 ESTABLISHED BY THE DISTRICT ALLOWING THE LANDOWNER TO OBTAIN AN

15 ALTERNATIVE WATER SUPPLY;

16 (B) PRIOR TO THE ADOPTION OF SUCH RESOLUTION, SUCH GROUND

17 WATER WAS CONVEYED OR RESERVED OR CONSENT TO USE SUCH GROUND

18 WATER WAS GIVEN OR RESERVED IN WRITING TO ANYONE OTHE1UHANTHE__
~-----~-----------~--~---~-----------~---- - -- .

19 DISTRICT AND SUCH CONVEY ANCE, RESERVATION, OR CONSENT HAS BEEN

20 PROPERLY RECORDED BEFORE THE EFFECTIVE DATE OF SUCH RESOLUTION;

21 (C) SUCH GROUND WATER HAS BEEN DECREED OR PERMITTED TO

22 ANYONE OTHER THAN SUCH WATER SUPPLIER PRIOR TO THE EFFECTIVE

23 DATE OF SUCH RESOLUTION; OR

24 (D) SUCH PORTION OF THE LAND IS NOT BEING SERVED BY SUCH

25 WATER SUPPLIER AS OF THE EFFECTIVE DATE OF SUCH RESOLUTION AND

26 SUCH GROUND WATER IS THE SUBJECT OF AN APPLICATION FOR

27 DETERMINATION OF A RIGHT TO USE GROUND WATER FILED IN THE WATER

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HB04-1185