LEG00219

• 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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ENTERED INTO AN ENFORCEABLE MITIGATION AGREEMENT WITH EACH

WATER CONSERVANCY AND WATER CONSERVATION DISTRICT FROM WITHIN

WHOSE BOUNDARIES THE WATERS WILL BE SO TRANSFERRED BY

SUBMITTING THE MITIGATION AGREEMENT TO THE WATER COURT;

(II) IF THE APPLICATION DOES NOT PROPOSE TO TRANSFER WATER

OUTSIDE OF A WATER CONSERVANCY OR CONSERVATION DISTRICT BUT

DOES PROPOSE TO TRANSFER, EITHER DIRECTLY, INDIRECTLY, OR BY

EXCHANGE, WATER FOR BENEFICIAL USE OUTSIDE A COUNTY, THE

APPLICANT MAY DEMONSTRATE THAT IT HAS ENTERED INTO AN

ENFORCEABLE MITIGATION AGREEMENT WITH THE BOARD OF COUNTY

COMMISSIONERS OF THE COUNTY FROM WITHIN WHOSE BOUNDARIES THE

WATERS WILL BE SO TRANSFERRED BY SUBMITTING THE MITIGATION

AGREEMENT TO THE WATER COURT;

(III) THE WATER COURT SHALL INCORPORATE THE TERMS AND

CONDITIONS OF THE MITIGATION AGREEMENT IN THE WATER DECREE;

(IV) WATER CONSERVATION DISTRICTS, WATER CONSERVANCY

DISTRICTS, AND COUNTIES SHALL GNE PUBLIC NOTICE OF AND AN

OPPORTUNITY TO COMMENT ON THE DRAFT AGREEMENT AT A PUBLIC

HEARING IN ACCORDANCE WITH THE PROCEDURES USED FOR ADOPTION OF

A RESOLUTION AND IN ACCORDANCE WITH SECTION 37-92-302 (3).

(b) IF AN APPLICATION IS DESCRIBED IN PARAGRAPH (a) OF THIS

SUBSECTION (17) AND THE APPLICANT DOES NOT SUBMIT TO THE WATER

COURT AN ENFORCEABLE MITIGATION AGREEMENT AS DESCRIBED IN SUCH

PARAGRAPH (a), THE WATER JUDGE SHALL INCLUDE IN THE DECREE TERMS

AND CONDITIONS TO REQUIRE THAT THE PRESENT APPROPRIATION OF

WATER AND PROSPECTIVE BENEFICIAL USES OF WATER WITHIN THE

DISTRICT OR COUNTY FROM WHICH THE WATER IS SO TRANSFERRED WILL

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HB05-1296