LEG00243

• Bill Number: SB02S-004
• Year: 2002
• Title: Concerning Water Conservation Incentives
• Legislation - Doc Type: Other CWCB Related Bills - Killed

37-82-206. Applicant's public meetings. PRIOR TO THE ADOPTION OF THE PLAN REQUIRED BY
SECTION 37-82-205, THE APPLICANT SHALL HOLD AT LEAST ONE PUBLIC MEETING IN THE BASIN FROM WHICH IT
SEEKS TO OBTAIN THE WATER, AND OTHER SUCH MEETINGS AS MAYBE DEEMED APPROPRIATE.
37-82-207. District court filings. AT A TIME TO BE SET BY THE DISTRICT COURT FOLLOWING THE
FILING OF AN APPLICATION BY A WATER TRANSPORT APPLICANT, SUCH APPLICANT SHALL FILE WITH THE
DISTRICT COURT THE INTEGRATED WATER SUPPLY AND DEMAND PLAN REQUIRED IN SECTION 37-82-205 AS WELL
AS ALL RELEVANT, UNPRIVILEGED DOCUMENTS, STUDIES, AND OTHER MATERIALS UNDERTAKEN OR PREPARED IN
CONJUNCTION WITH SUCH PLAN.
37-82-208. District court hearing. AFTER THE FILING OF THE PLAN AND MATERIALS REQUIRED BY
SECTION 37-82-207, THE DISTRICT COURT SHALL TAKE EVIDENCE ON THE ADEQUACY AND REASONABLENESS OF
THE APPLICANT'S PLAN FROM THE APPLICANT AND ANY PARTIES TO THE PROCEEDING ON THE APPLICANT'S
APPLICATION.
37-82-209. District court approval of applicant's plan. NO APPLICATION FOR WATER TRANSPORT
SHALL BE APPROVED UNLESS THE DISTRICT COURT FINDS AND DETERMINES THAT THE APPLICANT HAS COMPLIED
SATISFACTORILY WITH THE REQUIREMENTS OF THIS PART 2 AND SECTION 37-92-305 (17) AND HAS SHOWN BY A
PREPONDERANCE OF THE EVIDENCE THAT THE WATER TRANSPORT IS NECESSARY TO MEET SUCH APPLICANT'S
REASONABLY FORESEEABLE NEEDS DURING THE PLANNING PERIOD, INCLUDING THE NEEDS OF ITS CUSTOMERS OR
OTHER END USERS.
SECTION 20 37-92-102, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
37-92-102. Legislative declaration - basie tenets of Colorado water law. (7) THE DIVERSION OR
WITHDRAWAL OF WATER FOR TRANSPORT OUT OF A WATER BASIN FOR USE IN ANOTHER LOCATION RAISES
SOCIAL, ECONOMIC, AND ENVIRONMENTAL ISSUES AFFECTING THE SAFETY, HEALTH, AND GENERAL WELFARE OF
THE CITIZENS OF THE STATE. IT IS, THEREFORE, NECESSARY FOR THE PROTECTION OF THE PUBLIC SAFETY,
HEALTH, AND GENERAL WELFARE OF THE CITIZENS OF TillS STATE THAT ANY SUCH INTERBASIN TRANSPORT OF
WATER BE SUBJECT TO THIS ARTICLE.
SECTION 30 37-92-302, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
37-92-302. Applications for water rights or changes of such rights - plans for augmentation.
(6) EACH PERSON SEEKING A WATER RIGHT DETERMINATION PURSUANT TO THIS SECTION THAT INVOLVES
WATER TRANSPORT, AS DEFINED IN SECTION 37-82-203 (2), SHALL INCLUDE IN SUCH PERSON'S APPLICATION
FILED WITH THE WATER CLERK ANY INFORMATION CONCERNING SUCH PROPOSED TRANSPORT REQUIRED BY THE
DISTRICT COURT IN A FORM PRESCRIBED BY SUCH COURT. SUCH INFORMATION AND FORM SHALL BE IN ADDITION
TO ANY INFORMATION PRESCRIBED BY THE WATER JUDGES PURSUANT TO SUBSECTION (2) OF THIS SECTION.
NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, THE DISTRICT COURT SHALL ESTABLISH
A FEE FOR THE FILING OF ANY SUCH APPLICATION IN AN AMOUNT SUFFICIENT TO COVER THE DIRECT AND
INDIRECT COSTS OF THE REVIEW BY SUCH COURT.
SECTION 40 37-92-305, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
37-92-305. Standards with respect to rnlings of the referee and decisions of the water judge.
(17) (a) EACH APPLICATION THAT INVOLVES WATER TRANSPORT, AS DEFINED IN SECTION 37-82-203 (2), SHALL
BE APPROVED IF THE APPLICANT CAN PROVIDE SATISFACTORY EVIDENCE THAT THE APPLICANT HAS SATISFIED
THE REQUIREMENTS OF PART 2 OF ARTICLE 82 OF THIS TITLE AND THAT:
(I) THE PROPOSED WATER TRANSPORT IS THE LEAST.COST ALTERNATIVE FOR MEETING THE
DEMONSTRATED WATER NEED WHEN ALL ALTERNATIVES ARE CONSIDERED, INCLUDING, BUT NOT LIMITED TO,
OTHER SUPPLY ENHANCEMENT AND DEMAND MANAGEMENT ALTERNATIVES;
(II) THE BENEFITS TO THE AREA OF USE EXCEED ALL COSTS TO THE AREA OF ORIGIN, INCLUDING, BUT
NOT LIMITED TO, ENVIRONMENTAL DAMAGE AND FULL COSTS OF THE TRANSPORT; AND
(III) THE APPLICANT AGREES TO PAY ANY COMPENSATION ORDERED BY THE COURT TO MITIGATE ANY
SHORT- OR LONG-TERM LOSSES WITHIN THE AREA OF ORIGIN.
(b) SATISFACTORY EVIDENCE OF COMPLIANCE WITH SOME OR ALL OF THE REQUIREMENTS OF
PARAGRAPH (a) OF THIS SUBSECTION (17) MAYBE SHOWN BY A WRITTEN AGREEMENT BETWEEN THE APPLICANT