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Last modified
8/15/2009 11:40:59 AM
Creation date
9/30/2006 8:12:11 PM
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Legislation
Bill Number
HB05-1296
Year
2005
Title
Concerning the requirement to mitigate the effects on the water area of origin of a diversion of water from the area
Legislation - Doc Type
Other CWCB Related Bills - Killed
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<br />districts or county. Requires such a district or county to provide notice <br />of and an opportunity for public comment at a public hearing on the terms <br />of the proposed agreement. Requires the clerk of the water court to <br />publish the notice in the water court resume. <br /> <br />. <br /> <br />1 Be it enacted by the General Assembly of the State of Colorado: <br /> <br /> <br />2 SECTION 1. Legislative declaration. The general assembly <br /> <br /> <br />3 hereby finds, determines, and declares that Colorado is a semiarid state <br /> <br /> <br />4 in which water is often not naturally available at the time or place of <br /> <br /> <br />5 need. Continuing growth and development places increasing demands on <br /> <br /> <br />6 a natural resource in limited supply. In order to fully and efficiently <br /> <br /> <br />7 utilize Colorado's water resources, as well as to protect the environment <br /> <br /> <br />8 and local economies, the state must encourage communication and <br /> <br /> <br />9 cooperation among those who seek additional water supplies and those <br /> <br />10 <br />11 <br /> <br />who may be impacted by the development or transfer of those supplies. <br /> <br /> <br />Additionally, the state must provide a process for resolution of water <br /> <br />. <br /> <br />12 conflicts that encourages collaborative efforts among parties to produce <br />13 mutually-agreeable resolutions. <br />14 SECTION 2. 37-92-305, Colorado Revised Statutes, is amended <br />15 BY THE ADDITION OF A NEW SUBSECTION to read: <br /> <br />16 37-92-305. Standards with respect to rulings of the referee and <br /> <br /> <br />17 decisions of the water judge. (17)(a) IN ANY APPLICATION FOR A NEW <br /> <br /> <br />18 APPROPRIATION OF WATER OR A CHANGE OF USE OF A WATER RIGHT THAT <br /> <br />19 PROPOSES TO TRANSFER WATER, EITHER DIRECTLY, INDIRECTLY, OR BY <br /> <br /> <br />20 EXCHANGE, THE FOLLOWING SHALL APPLY: <br /> <br /> <br />21 (I) IF THE APPLICATION WILL RESULT IN WATER BEING CONVEYED <br /> <br /> <br />22 AND BENEFICIALLY USED OUTSIDE A WATER CONSERVANCY OR WATER <br /> <br />23 <br /> <br />CONSERV A TIONDlSTRICT, THE APPLICANT MA YDEMONSTRATE THAT IT HAS <br /> <br />. <br /> <br />-2- <br /> <br />HB05-1296 <br />
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