LEG00200

• Bill Number: HB03-1318
• Year: 2003
• Title: Water Banks in Each Division
• Legislation - Doc Type: Other CWCB Related Bills - Passed

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entitled to use water under a vested water right or a decreed conditional

water right, nor to repeal or in any manner amend the existing water

rights adjudication system except as may be specifically set forth in this

article.

SECTION 2. 37-80.5-103, Colorado Revised Statutes, IS
amended to read:
37-80.5-103. Definitions. As used in this article, unless the
context otherwise requires:
(I) "Bank" means the A1k-ansas Ii'~l A water bank operated
pursuant to rules promulgated under section J7-80.5-1 04 THIS ARTICLE.
(2) "Program" means th.:; Arkansas Ii '~I A water bank pilot
program created in section J7-80.5-104 THIS ARTiCLE.
SECTION 3. Article 80.5 of title 37, Colorado Revised Statutes,
is amended BY THE ADDITION OF A NEW SECTION to read:
37-80.5-104.5. Water banks within each water division - duties
of state engineer - rules. (1) (a) UPON REQUEST BY A WATER
CONSERVANCY DISTRICT OR WATER CONSERVATION DISTRICT, THE STATE
ENGINEER SHALL PROMULGATE PROGRAM RULES NECESSARY OR
CONVENIENT FOR THE OPERATION OF A WATER BANK WITHIN THE DIVISION
IN WHICH SUCH DISTRICT IS LOCATED. THE STATE ENGINEER SHALL HOLD
PUBLIC MEETINGS AND CONSULT WITH THE COLORADO WATER
CONSERVATION BOARD REGARDING FORMULATION OF THE RULES. THE
RULES SHALL BE PROMULGATED IN ACCORDANCE WITH THE FOLLOWING:
(I) THE RULES SHALL AUTHORIZE, FACILITATE, AND PERMIT THE
LEASE, EXCHANGE, OR LOAN, INCLUDING THE USE OF INTERRUPTIBLE
SUPPLY AGREEMENTS, OF STORED WATER WITHIN OR FROM A BASIN
LOCATED WITHIN COLORADO; EXCEPT THAT NOTHING IN THIS ARTICLE

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HB03-1318