LEG00198

• Bill Number: SB83-90
• Year: 1983
• Title: Amending the "Water Right Determination and Administration Act of 1969"
• Legislation - Doc Type: Other CWCB Related Bills - Killed

~.'

.

e

4
5
6
7
8
9
10
11
12
13
14

15

1
2

THE WATER. OF THE OWNER OF OR PERSONS ENTITLED TO USE WATER
UNDER A VESTED WATER RIGHT OR A DECREED CONDITIONAL WATER

3 RIGHT. FURTHER, WHERE GROUND WATER RIGHTS ARE INVOLVED IN THE

CHANGE OF .A WATER RIGHT OR PLAN FOR AUGMENTATION, THE
OPERATION OF SUCH CHANGE OR PLAN SHALL NOT ALLOW GROUND WATER ~
WITHDRAWAL WHICH WOULD DEPRIVE SENIOR SURFACE RIGHTS OF THE.~
AMOUNT OF WATER TO WHICH THE SENIOR SURFACE RIGHTS WOULD HAVE. ~ ~
BEEN ENTITLED IN THE ABSENCE OF THE GROUND WATER WITHDRAWAL. ~
SECTION 5. 37-92-306; Colorado Revised Statutes 1973, is ~
amended to read: .... .
37-92-306. Priorities junior to prior awards - when. .~
(I) With respect to each division described in section ~~
37-92-201, the priority date. awarded for water rights or ~, .'
conditional water rights adjudged and decreed on applications. ~
for a determination of the amount and priority thereof .filed

16 in such division during each calendar year shall establish the

17 relative priority among other water rights or conditional

18 water rights awarded on such applications filed in. that

19 calendar year; but such water rights or conditional water

20 rights shall be junior to all water rights or conditional

21 water rights awarded on such applications filed in any

22 previous calendar year and shall also be junior to all

23 priorities awarded in decrees entered prior to June 7,1969,

24. or decrees entered in proceedings which were 'pending on such

25 date; except that, with respect to water rights which are

26 diverted by means of wells, the priorities for which have not

e

-11-

90