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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GRANT AN APPLICATION UPON THE FOLLOWING FACTORS:
(a) WHETHER THE BOARD HAS PREVIOUSLY GRANTED A CHARTER
IN THE WATER DIVISION IN WHICH ALL OR THE PREDOMINANT PART OF THE
GOVERNMENT ALENTITIES TIIATCONSTITUTE THE APPLICANT ARE LOCATED;
(b) THE LIKELIHOOD THAT THE WATER COURT WILL APPROVE THE
CHARTER; AND
(c) THE ABILITY OF THE GOVERNMENTAL ENTITIES TIIAT
CONSTITUTE THE APPLICANT TO ADEQUATELY FINANCE AND ADMINISTER
OPERATIONS OF THE WATER BANK.
(5) THE BOARD SHALL GRANT OR DENY A CHARTER APPLICATION
WITHIN FORTY -FIVEDA YS AFTER SUBMISSION. IF THE BOARD APPROVES AN
APPLICATION, THE BOARD SHALL SPECIFY THE WATER DIVISION IN WHICH
THE WATER BANK IS CHARTERED, WHICH SHALL BE THE W ATERDIVISIONIN
WHICH ALL OR THE PREDOMINANT PART OF THE GOVERNMENTAL ENTITIES
TIIAT CONSTITUTE THE APPLICANT ARE LOCATED.
(6) A WATER BANK WIllI AN APPROVED CHARTER THAT CEASES
OPERATIONS PURSUANT TO ARTICLE 80.5 OF THIS TITLE SHALL SURRENDER
ITS CHARTER TO THE BOARD.
SECTION 5. 37-92-302 (1) (a) and (2) (a), Colorado Revised
Statutes, are amended to read:
37-92-302. Applications for water rights or changes of such
rights - plans for augmentation. (1) (a) Any person who desires a
detennination of a water right or a conditional water right and the amount
and priority thereof, including a detennination that a conditional water
right has become a water right by reason of the completion of the
appropriation, a detennination with respect to a change of a water right,
approval of a plan for augmentation, finding of reasonable diligence,

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SBOI-161