BOARD00191

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

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LAND. SUCH PAYMENT OBLIGATIONS SHALL BE CORRESPONDINGLY
REDUCED,
(IV) WHEN DETERMINING THE AMOUNT TO BE PAID PURSUANT TO
THIS PARAGRAPH (bt IF ANY, THE COURT SHALL TAKE INTO
CONSIDERATION ANY EVIDENCE OF A BENEFICIAL IMP ACT TO THE COUNTY
FROM WHICH THE WATER IS TO BE DIVERTED. AND SHALL ADJUST THE
AMOUNT OF THE PAYMENT ACCORDINGLY.
( c) PARAGRAPH (b) OF nus SUBSECTION (4.5) SHALL NOT APPLY

TO:

(I) ANY REMOVAL OF WATER THAT WAS ACCOMPLISHED PRIOR TO

THE EFFECTIVE DATE OF THIS ACT. THE APPLICATION FOR CHANGE.OF

WATER RIGHT WAS PENDING ON SVCH DATE. OR SUCH CHANGE CONTINUES

TO BE SUBJECT TO THE WATER COURT'S JURISDICTION:

(m ANY REMOVAL OF W ATER WHEN:

(A) SUCH CHANGE IS UNDERTAKEN BY A WATER CONSERVANCY

DISTRICT. WATER CONSERVATION DISTRICT. SPECIAL DISTRICT. DITCH

COMPANY. OTHER DITCH ORGANIZATION. OR MUNICIPALITY:

(B) THE WATER WASBENEfICIALL Y USED WITHIN THE BOUNDARIES

OR SERVICE AREA OF SUCH ENTITY BEFORE THE REMOVAL: AND

(C) THE WATER WILL CONTINUE TO BE BENEFICIALL YUSED WITHIN

SUCH ENTITY'S BOUNDARIES OR SERVICE AREA AFTER THE REMOVAL: OR

(III) ANY REMOVAL OF W ATER WHERE THE NEW PLACE OF USE IS

WITHIN A TWENTY-MILE RADIUS OF THE mSTORIC PLACE OF USE. EVEN

THOUGH SUCH NEW PLACE IS LOCATED WITHIN A DIFFERENT COUNTY. FOR

PURPOSES OF THIS SUBPARAGRAPH (III). THE DISTANCE BETWEEN THE

HISTORIC PLACE OF USE AND THE PROPOSED NEW PLACE OF USE SHALL BE

MEASURED BETWEEN THE MOST PROXIMATE POINTS IN THE RESPECTNE

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