BOARD00191

• Board Meeting Date: 3/21/2002
• Description: WSP Section - Agricultural Water Policy Discussion
• Board Meetings - Doc Type: Memo

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SECTION 4. 37-92-305 (4.5). Colorado Revised Statutes. is

amended. and the said 37-92-305 is further amended BY THE

ADDITION OF A NEW SUBSECTION. to read:

37-92-305. Standards with resoect to rnIinl!s of the referee and

decisions of the water iudl!e. (4.5) (a) THE terms and conditions

avo Ii cable to changes of use of water rights from agricultural irrigation

ourooses to other beneficial useS SHALL include reasonable provisions

designed to accomplish the revegetation AND NOXIOUS WEED

MANAGEMENT of lands from which irrigation water is removed. The

avplicant may. at any time. request a fmal determination under the court's

retained jurisdiction that no further application of water will be necessary

in order to satisfy the revegetation provisions. Dry land agriculture may

not be subiect to revegetation oreier of the court.

(b) (I) IF PART I OF ARTICLE 65.1 OF TITLE 24, C.R.S.. IS NOT

APPLICABLE TO A SIGNIFICANT WATER DEVELOPMENT ACTIVITY. THE

COURT MA YUTILIZE THEMETHODS SPECIFIED IN THIS SECTION TO MITIGATE

CERTAIN POTENTIAL EFFECTS 01' SUCH ACTIVITY. SUBJECT TO THE

PROVISIONS OF THIS ARTICLE. A COURT MAY IMPOSE THE FOLLOWING

MItIGATION PAYMENTS UPON ANY PERSON WHO FILES AN APPLICATION FOR

REMOVAL OF WATER AS PART OF A SIGNIFICANT WATER DEVELOPMENT

ACTIVITY:

(A) Transition mitilmtioI1 payment. A TRANSlTIONMITIGATION

PAYMENT SHALL EOUAL THEAMOU1'!T OF THE REDUCTION IN PROPERTY TAX

REVENUES THAT IS ATTRIBUTABLE TO A SIGNIFICANT WATER

DEVELOPMENT ACTIVITY. SUCH PAYMENT SHALL BE MADE ON AN ANNUAL

BASIS IN ACCORDANCE WITH THE REPAYMENT SCHEDULE ESTABLISHED BY

THE COURT UNLESS THE APPLICANfAND THE TAXING ENTITIES MUTUALLY

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