LEG00266

• Bill Number: HB01-1354
• Year: 2001
• Title: Concerning the Establishment of a Water Banking System and in Connection Therewith Making an Appropriation
• Legislation - Doc Type: Other CWCB Related Bills - Passed

APPROPRIATION;

(B) WITH OR WITHOUT THE NEED FOR AN ADJUDICATION; AND

(C) WITHOUT CAUSING MATERIAL INJURY TO THE OWNER OF OR PERSONS ENTITLED TO
USE WATER UNDER A VESTED WATER RIGHT OR A DECREED CONDITIONAL WATER RIGHT.

(d) THE RULES MAY ALLOW THE STATE ENGINEER TO DELEGATE ADMINISTRATION OF
THE BANK TO A PUBLIC ENTITY OR PUBLIC-PRIVATE PARTNERSHIP. THE STATE ENGINEER,
THE PUBLIC ENTITY, OR THE PUBLIC-PRIV ATE PARTNERSHIP SHALL BE ENTITLED TO
CHARGE A TRANSACTION FEE FOR DEPOSITS, WITHDRAWALS, OR BOTH, SUFFICIENT TO
COVER THE BANK'S ADMINISTRATION COSTS,

(2) THE DEPOSIT OF CREDITS IN THE BANK IS VOLUNTARY, AND CREDITS MAYBE
REMOVED BY THE OWNER AT ANY TIME PRIOR TO AN ACTUAL TRANSACTION IN WHICH
CONTROL OF A CREDIT IS TRANSFERRED, SUBJECT TO THE TERMS AND CONDITIONS OF THE
DEPOSIT AGREEMENT EXECUTED WITH THE OPERATOR OF THE BANK.

(3) THE STATE ENGINEER SHALL SEEK A WAIVER OR CLARIFICATION OF ANY FEDERAL
LAWS, RULES, OR REGULATIONS THAT MAY IMPEDE THE IMPLEMENT A TION OF THE PILOT
PROJECT IN THE ARKANSAS RIVER BASIN.

37-80.5-105. Review ofrules. JUDICIAL REVIEW OF ALL RULES PROMULGATED PURSUANT
TO THIS ARTICLE SHALL BE IN ACCORDANCE WITH THE "STATE ADMINISTRATIVE
PROCEDURE ACT", ARTICLE 4 OF TITLE 24, C.R.S.; EXCEPT THAT VENUE FOR SUCH REVIEW
SHALL LIE EXCLUSIVELY WITH THE WATER JUDGE FOR WATER DIVISION TWO,

37-80.5-106. Report. (1) THE STATE ENGINEER SHALL SUBMIT A REPORT TO THE GENERAL
ASSEMBLY AND THE GOVERNOR ON OR BEFORE NOVEMBER 1, 2005, REGARDING:

(a) THE EFFECTIVENESS OF THE PILOT PROGRAM;

(b) EXISTING STATUTORY, REGULATORY, OR CONTRACTUAL CONSTRAINTS ON THE
SUCCESSFUL USE OF WATER BANKING WITHIN COLORADO;

(c) INSTITUTIONAL CONSTRAINTS UPON THE SUCCESSFUL USE OF WATER BANKING
WITHIN COLORADO;

(d) INTERSTATE COMPACT CONSTRAINTS UPON THE SUCCESSFUL USE OF WATER
BANKING WITHIN COLORADO;

(e) SOCIAL OR ECONOMIC CONSTRAINTS UPON THE SUCCESSFUL USE OF WATER
BANKING WITHIN COLORADO; AND

(f) ANY RECOMMENDED LIMITATIONS UPON THE USE OF WATER BANKS WITHIN
COLORADO, WITH SPECIFIC REFERENCE TO THE TIME, PLACE, OR TYPE OF USE OF WATERS
MADE AVAILABLE UNDER SUCH RECOMMENDED LIMITATIONS AND THE LENGTH OF
AGREEMENTS IMPLEMENTING THE SAME.

37-80.5-107. Repeal of article. THIS ARTICLE AND ANY RULES PROMULGATED PURSUANT

http://www.state.co.us/gov_dir/leg_dir/olls/sI2001/sI.284.HTM

06/05/2002