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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SHALL BE CONSTRUED TO AUTHORIZE ANY LEASE, EXCHANGE, OR LOAN OF

WATER THAT WOULD NEGATIVELY AFFECT ANY OF COLORADO'S

INTERSTATE COMPACTS.

(II) THE RULES SHALL NOT PERMIT THE TRANSFER, LEASE, LOAN,

EXCHANGE, OR SALE OF WATER FROM THIl BANKS TO INSTREAM FLOW USES

AS PROVIDED IN SECTION 37-92-102 (3) UNLESS SUCH TRANSFER, LEASE,

LOAN, EXCHANGE, OR SALE IS TO THE COLORADO WATER CONSERVATION

BOARD.

(III) THE BANKS SHALL OPERATE WITHIN EXISTING REQUIREMENTS

OF COLORADO WATER LAW AS SET FORTH IN THE "WATER RiGHT

DETERMINATION AND ADMINISTRATION ACT OF 1969", ARTICLE 92 OFTHIS

TITLE, INCLUDING SPECIFICALLY THE: REQUIREMENT THAT WATER

TRANSFERRED THROUGH THE BANKS BE PUTTO ABENEFICIAL USE, AND THE

"COLORADO GROUND WATER MANAGEMENT ACT", ARTICLE 90 OF THIS

TITLE; EXCEPT THAT, IN COMPLIANCE WITH RULES PROMULGATED

PURSUANT TO THIS ARTICLE, LEASES, LOANS, AND EXCHANGES

EFFECTUATED THROUGH THE BANKS NEED NOT REQUIRE ADJUDICATION

PURSUANT TO ARTICLE 92 OF THIS TITLE, AND THE STATE ENGINEER SHALL

ADMINISTER SUCH LEASES, LOANS, AND EXCHANGES NOTWITHSTANDING

THE F ACT THAT THEY MAY NOT HAVE BEIlN ADJUDICATED,

(IV) THE RULES SHALL DEFINE THE TERMS "INTERRUPTIBLE

SUPPLY" AND "WATER BANKING".

(V) THE RULES SHALL TAKE INTO ACCOUNT AND ADDRESS, AS

APPROPRIATE, ANY NECESSARY OR DE~IRABLE LIMITATIONS UPON THE

TIME, PLACE, OR TYPE OF USE OF W ATERSiMADE A V AILABLE THROUGH THE

WATER BANKS, AND THE APPROPRIATE LENGTH OF AGREEMENTS

IMPLEMENTING BANKING TRANSACTIONS,

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HB03-1318