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BOARD00248
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Last modified
8/16/2009 2:47:47 PM
Creation date
10/4/2006 6:34:21 AM
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Template:
Board Meetings
Board Meeting Date
2/13/2001
Description
Pending and Proposed Legislation - SB 01-161, Water Study/Water Bank
Board Meetings - Doc Type
Memo
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<br />. <br /> <br />. <br /> <br />. <br /> <br />1 proposed ruling or decree shall be provided to all parties who have entered <br />2 the proceedings. If it is determined that the proposed change or plan as <br />3 presented in the application and the proposed ruling or decree would <br />4 cause such injurious effect, the referee or the water judge, as the case may <br />5 be, shall afford the applicant or any person opposed to the application an <br />6 opportunity to propose terms or conditions 'iIohich TIIAT would prevent <br />7 such injurious effect. <br />8 (b) APPLICATIONS FOR APPROVAL OF A WATER BANK CHARTER <br />9 THAT HAS BEEN GRANTED PURSUANT TO SECTION 37-60-131 SHALL BE <br />10 APPROVED IF THE APPLICANT PRESENTS CLEAR AND CONVINCING EVIDENCE <br />11 TIIAT OPERATION OF THE BANK PURSUANT TO ITS CHARTER IS LIKELY TO <br />12 ENSURE THAT THERE WILL BE NO INJURIOUS EFFECT ON THE OWNER OF OR <br />13 PERSONS ENTITLED TO USE WATER UNDER A VESTED WATER RIGHT OR A <br />14 DECREED CONDITIONAL WATER RIGHT. <br />15 SECTION 8. 37-92-502 (2) (a), Colorado Revised Statutes, is <br />16 amended to read: <br />17 37-92-502. Orders as to waste, diversions, distribution of water. <br />18 (2) (a) Each division engineer shall order the total or partial <br />19 discontinuance of any diversion in 1m SUCH ENGINEER'S division to the <br />20 extent that the water being diverted is not necessary for application to a <br />21 beneficial use; and he SUCH ENGINEER shall also order the total or partial <br />22 discontinuance of any diversion in 1m SUCH ENGINEER'S division to the <br />23 extent that the water being diverted is required by persons entitled to use <br />24 water under water rights having senior priorities, but no such <br />25 discontinuance shall be ordered unless the diversion is causing or will <br />26 ,cause material injury to such water rights having senior priorities. In <br />27 making 1m THE decision as to the discontinuance of a diversion to satisfy <br /> <br />-14- <br /> <br />SBOl-16l <br />
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