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Last modified
8/15/2009 11:41:04 AM
Creation date
9/30/2006 8:12:16 PM
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Legislation
Bill Number
SB02S-004
Year
2002
Title
Concerning Water Conservation Incentives
Legislation - Doc Type
Other CWCB Related Bills - Killed
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<br />AND ANY PERSON WHO HAS FILED A STATEMENT OF OPPOSITION TO SUCH APPLICANT'S APPLICATION. THE <br />COURT SHALL GIVE FULL CONSIDERATION TO ANY SUCH AGREEMENT BEFORE ENTERING A JUDGMENT PURSUANT <br />TO THIS SUBSECTION (17). <br />SECTION 50 Article 80 of title 37, Colorado Revised Statutes, is amended BY THE ADDITION OF <br />A NEW SECTION to read: <br />37-80-121. Conserved water certificate - rules - definitions. (1) As USED IN THIS SECTION, <br />"CONSERVED WATER" MEANS WATER DIVERTED PURSUANT TO AN ADJUDICATED WATER RIGHT THAT: <br />(a) HAD HISTORICALLY BEEN PUT TO A BENEFICIAL USE UNDER REASONABLY EFFICIENT PRACTICES TO <br />ACCOMPLISH WITHOUT WASTE THE PURPOSE FOR WHICH THE APPROPRIATION WAS LA WFULL Y MADE; AND <br />(b) DUE TO IMPLEMENTATION OF A WATER CONSERVATION PROJECT: <br />(I) WILL BE CONSERVED BY INCREASED EFFICIENCY IN THE MEANS OF DIVERSION, CONVEYANCE, <br />STORAGE, APPLICATION, OR USE RESULTING IN DECREASED CONSUMPTIVE USE WHEN COMPARED WITH THE <br />APPROPRIATOR'S HISTORIC CONSUMPTIVE USE; AND <br />(II) WILL NOT INJURIOUSLY AFFECT THE OWNER OF OR PERSONS ENTITLED TO USE WATER UNDER A <br />VESTED WATER RIGHT OR A DECREED CONDITIONAL WATER RIGHT. <br />(2) AN APPLICANT FOR A CONSERVED WATER CERTIFICATE PURSUANT TO THIS SECTION SHALL BE A <br />HOLDER OF A DECREED WATER RIGHT AND SHALL SUBMIT TO THE STATE ENGINEER AN APPLICATION CERTIFIED <br />BY THE APPLICANT AND BY A REGISTERED PROFESSIONAL ENGINEER THAT INCLUDES THE FOLLOWING PLANS AND <br />SPECIFICATIONS: <br />(a) ALL DECREES RELATING TO THE SUBJECT WATER RIGHT; <br />(b) A DESCRIPTION OF THE APPLICANT'S WATER USE PROCEDURES PRIOR TO IMPLEMENTATION OF THE <br />WATER CONSERVATION PROJECT, INCLUDING THE USE TO WHICH THE WATER HAS BEEN PUT, THE MANNER IN <br />WHICH THE WATER HAS BEEN PUT TO USE, THE AMOUNT OF WATER DIVERTED, THE AMOUNT OF HISTORIC <br />CONSUMPTIVE USE, AND THE AMOUNT AND LOCATION OF RETURN FLOW; <br />(c) A DESCRIPTION OF THE APPLICANT'S WATER USE PROCEDURES AFTER IMPLEMENTATION OF THE <br />WATER CONSERVATION PROJECT, INCLUDING THE MANNER IN WHICH THE WATER IS OR WILL BE PUT TO USE, THE <br />AMOUNT OF WATER THAT IS OR WILL BE CONSUMED, THE AMOUNT OF WATER THAT WILL BE CONSERVED, THE <br />AMOUNT AND LOCATION OF CURRENT OR ANTICIPATED RETURN FLOW, AND THE METHOD WHEREBY THE PROJECT <br />WILL RESULTIN CONSERVED WATER; <br />(d) A DESCRIPTION OF THE APPROXIMATE AVERAGE DEGREE OF WATER USE EFFICIENCY ACHIEVED BY <br />WATER USERS WHOSE BENEFICIAL USE OF WATER IS THE SAME OR SIMILAR TO THAT OF THE APPLICANT; <br />(e) THE AMOUNT OF MONEY SPENT OR TO BE SPENT BY THE APPLICANT ON THE CONSERVED WATER <br />PROJECT; <br />(t) ANY OTHER INFORMATION REQUIRED BY THE STATE ENGINEER BY RULE OR PURSUANT TO THE <br />STATE ENGINEER'S REQUEST. IF THE STATE ENGINEER REQUESTS ADDITIONAL INFORMATION, THE APPLICANT <br />SHALL SUPPLY THE INFORMATION WITHIN THIRTY DAYS, OR THE STATE ENGINEER MAY REJECT THE APPLICATION. <br />(g) A FILING FEE AS DETERMINED BY SECTION 37-80-110 (1) (e). <br />(3) THE STATE ENGINEER SHALL ISSUE A CONSERVED WATER CERTIFICATE IF AN APPLICANT <br />DEMONSTRATES TO THE SATISFACTION OF THE STATE ENGINEER THAT: <br />(a) THE APPLICANT'S WATER USE PRACTICES PRIOR TO IMPLEMENTATION OF THE WATER <br />CONSERVATION PROJECT WERE REASONABLE AND APPROPRIATE UNDER REASONABLY EFFICIENT PRACTICES TO <br />ACCOMPLISH WITHOUT WASTE THE PURPOSE FOR WHICH THE APPROPRIATION WAS LA WFULL Y MADE; <br />(b) THE APPLICANT'S WATER USE PRACTICES AFTER IMPLEMENTATION OF THE WATER CONSERVATION <br />PROIECT ARE REASONABLE AND APPROPRIATE UNDER REASONABLY EFFICIENT PRACTICES TO ACCOMPLISH <br />WITHOUT WASTE THE PURPOSE FOR WHICH THE APPROPRIATION IS LA WFULL Y MADE; <br />(c) THE APPLICANT'S DIVERSION AND STORAGE OF WATER, BOTH IMMEDIATELY PRIOR TO AND AFTER <br />IMPLEMENTATION OF THE WATER CONSERVATION PROJECT, ARE WITHIN DECREED AMOUNTS AS DETERMINED BY <br />THE INFORMATION THEN AVAILABLE TO THE STATE ENGINEER; <br />(d) THE WATER CONSERVATION PROJECT WILL RESULT IN CONSERVED WATER; <br />(e) IMPLEMENTATION OF THE WATER CONSERVATION PROJECT WILL NOT INJURIOUSLY AFFECT THE <br />OWNER OF OR PERSONS ENTITLED TO USE WATER UNDER A VESTED WATER RIGHT OR A DECREED CONDITIONAL <br />WATER RIGHT; AND <br />
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