BOARD00248

• Board Meeting Date: 2/13/2001
• Description: Pending and Proposed Legislation - SB 01-161, Water Study/Water Bank
• Board Meetings - Doc Type: Memo

1 PROPOSED TRANSACTION WITII A W A1ER BANK ON AN APPLICANT SEEKING
. 2 TO MAKE A DEPOSIT TO OR WITHDRAWAL FROM A WA1ERBANK. THEPLAN
3 SHALL PREVENT ANY INJURIOUS EFFECT ON THE OWNER OF OR PERSONS
4 ENTITLED TO USE W A1ER UNDER A VES1ED W A1ER RIGHT OR A DECREED
5 CONDITIONAL W A1ER RIGHT AND SHALL COMPENSA 1E TIIEBASIN OF ORIGIN
6 IF THE WITHDRAWN WATER IS TO BE USED IN A WATER DIVISION OTIIER
7 TIIAN THE W A1ER DIVISION IN WHICH THE WATER BANK IS CHAR1ERED.
8 (b) CONCURRENCY MANAGEMENT PLANS MAY INCLUDE THE
9 FOLLOWING:
10 (I) A LIMITATION ON THE USE OF TIIE WA1ER TIIAT IS SUBJECT TO
11 THE CHANGE, TAKING INTO CONSIDERATION THE HISTORIC USE AND THE
12 FLEXIBILITY REQUIRED BY ANNUAL CLIMATIC DIFFERENCES;
13 (II) THE RELINQUISHMENT OF PART OF TIIE DECREE FOR WHICH THE
14 TRANSACTION IS SOUGHT OR TIIE RELINQUISHMENT OF OTHER DECREES
. 15 OWNED BY TIIE APPLICANT THAT ARE USED BY THE APPLICANT IN
16 CONJUNCTION WITII TIIE DECREE FOR WHICH THE TRANSACTION HAS BEEN
17 REQUES1ED, IF NECESSARY TO PREVENT AN ENLARGEMENT UPON TIIE
18 HISTORIC USE OR DIMINUTION OF RETURN FLOW TO TIIE DETRIMENT OF
19 OTHER APPROPRIATORS;
20 (III) A TIME LIMITATION ON TIIE DIVERSION OF W A1ER FOR WHICH
21 TIIE TRANSACTION IS SOUGHT IN TERMS OF MONTIIS PER YEAR; AND
22 (IV) SUCH OTIIER CONDITIONS AS MAYBE NECESSARY TO PR01ECT
23 TIIE VESTED RIGHTS OF OTHERS AND AS MAY BE DEEMED NECESSARY BY
24 TIIE BANK, INCLUDING MEASURES TIIAT DO NOT RELATE DIRECTLY TO
25 W ATERMATIERS, SUCHAS TIIE CONSTRUCTION OF CAPITALIMPROVFMENTS
26 IN THE BASIN OF ORIGIN OR A PAYMENT OF COMPENSATION.
. 27 (2) "WA1ER BANK" MEANS A WATER AUTHORITY ESTABLISHED

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SBOI-161