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
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

THE BANK.
(3) TIlEPROPOSED CHARTER SHALL SPECIFY CRITERIA PURSUANT TO
WHICH THE WATER BANK SHALL:
(a) ACCEPT A DEPOSIT OF A QUANTITY OF WATER IN TIlE BANK,
INCLUDING NECESSARY PROOF OF:
(I) OWNERSHIP OR A CONTRACT THAT INCLUDES THE RIGID' TO USE
AND CONTROL THE DISPOSITION OF WATER; AND
(II) THE PARAMETERS OF THE WATER SUBJECT TO THE PROPOSED
DEPOSIT, WHETHER BY DECREE OR BY CONTRACT;
(b) CREDIT A WITHDRAWAL OF A QUANTITY OF WATER FROM THE
BANK, INCLUDING THE QUANTITY, TERM, LOCATION, AND TYPE OF THE
PROPOSED USE OF THE WITHDRAWN WATER.
37-80.5-105. Powers. (1) WATER BANKS SHALL HAVE ALL
POWERS SPECIFlEDIN SECTIONS 37-45.1-103 AND29-1-204,2, C.R.S., AND
IN THIS ARTICLE, INCLUDING THE FOLLOWING:
(a) To AUTHORIZE, FACILITATE, AND PERMIT THE SALE, LEASE,
EXCHANGE, AND LOAN OF WATER WITHIN COLORADO;
(b) To CHARGE APPLICANTS A 1RANSACTION FEE FOR
1RANSACTIONS WITH A WATER BANK;
(C) To lMPOSECONCURRENCY MANAGEMENT PLANS ON APPLICANTS
FOR 1RANSACTIONS WITH A WATER BANK AS A PRECONDITION OF THE
TRANSACTION; AND
(d) To REFER TO THE STATE ENGINEER, FOR APPROPRIATE
ADMINISTRA TIVEACTION PURSUANT TO THE PROVISIONS OF THIS TITLE, ANY
ENTITY WHOM THE WATER BANK HAS REASON TO BELIEVE HAS FAILED TO
SUBSTANTIALLY COMPLY WITH THE TERMS OF ANY CONCURRENCY
MANAGEMENT PLAN WITH WHICH THE ENTITY HAS AGREED TO COMPLY AS

-19-

SBOI-161