BOARD00248

• 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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PURSUANT TO SECTION 29-1-204.2, C.R.S., THAT IS A WATER ACTIVITY
ENTERPRISEPURSUANTTOSEC110N 37-45.1-103 OR A PRIVATE ENTITY, TO
WHICH TIlE COLORADO WATER CONSERVATION BOARD HAS GRANTED A
CHARTER PURSUANT TO SECTION 37-60-131, AND THAT THE APPLICABLE
WATER COURT HAS APPROVED PURSUANT TO SECTION 37-92-305.
(3) "WATER DIVISION" MEANS ANY WATER DIVISION ESTABLISHED
PURSUANT TO SECTION 37-92-201.
37-80.5-104. Water bank - creation - charter. (1) A WATER
AUTHORITY ESTABLISHED PURSUANTTOSECTION29-1-204.2, C.R.S., THAT
IS A WATER ACTIVITY ENTERPRISE PURSUANT TO SECTION 37-45.1-103 OR
A PRIV ATE ENTITY MAY SUBMIT AN APPLICATION, INCLUDING A PROPOSED
CHARTER, TO TIJE COLORADO WATER CONSERVATION BOARD PURSUANT TO
SECTION 37-60-131 FOR A CHARTER. IF TIlE BOARD GRANTS THE CHARTER,
THE GRANTEE MAY SUBMIT AN APPLICATION FOR APPROVAL OF THE
CHARTER TO TIlE WATER COURT FOR TIlE W ATERDIVISION IN WHICH ALL OR
TIlE PREDOMINANT PART OF TIlE GOVERNMENTAL ENTITIES THAT
CONSTITUTE THE APPLICANT ARE LOCATED. IF TIlE WATER COURT
APPROVES TIlE APPLICATION PURSUANT TO SECTION 37-92-305, TIlE WATER
BANK SHALL BE DEEMED TO HA VB BEEN CREATED PURSUANT TO THIS
AR11CLE.NOTICEOFAPPEALOFTIlEWATERCOURT~DETERMINATIONMAY
BE FILED WITH THE SUPREME COURT, WHICH SHALL ISSUE ITS DECISION
WITHIN NINETY DAYS AFTER FILING OF TIlE NOTICE OF APPEAL.
(2) THE PROPOSED CHARTER SHALL ENSURE THAT OPERATION OF
THE BANK PURSUANT TO SUCH CHARTER SHALL NOT INJURIOUSLY AFFECT
THE OWNER OF OR PERSONS ENTITLED TO USE WATER UNDER A VESTED
WATER RIGHT OR A DECREED CONDITIONAL WATER RIGHT THROUGH TIJE
IMPOSITION OF CONCURRENCY MANAGEMENT PLANS FOR DEPOSITS INTO

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SBOI-161