BOARD00378

• Board Meeting Date: 2/13/2001
• Description: Pending and Proposed Legislation - HB ?, Water Bank
• Board Meetings - Doc Type: Memo

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1/19/01

II UNEDITED and UNREVISED II

TITLE; EXCEPT THAT LEASES, LOANS, AND EXCHANGES EFFECTUATED
THROUGH THE BANK SHALL NOT REQUIRE ADJUDICATION PURSUANT TO
ARTICLE 92 OF THIS TITLE, AND THE STATE ENGINEER SHALL ADMINISTER

SUCH LEASES, LOANS, AND EXCHANGES NOTWITHSTANDING THE FACT

THAT THEY MAY NOT HAVE BEEN ADJUDICATED;
(d) THE RULES SHALL ENSURE THAT OPERATION OF THE BANK
SHAll NOT INJURIOUSLY AFFECT THE OWNER OF OR PERSONS ENTITLED TO

USE WATER UNDER A VESTED WATER RIGHT OR A DECREED CONDITIONAL

WATER RIGHT;

(e) THE RULES SHALL ESTABLISH CRITERIA PURSUANT TO WHICH

THE STATE ENGINEER SHALL:

(I) ACCEPT A DEPOSIT OF A QUANTITY OF WATER IN THE BANK,

INCLUDING NECESSARY PROOF OF:

(A) OWNERSHIP OR RIGHT TO CONTROL SUCH AS A CONTRACT

WITH THE FEDERAL BUREAU OF RECLAMATION; AND
(B) THE PARAMETERS OF THE WATER SUBJECT TO THE PROPOSED
DEPOSIT, WHETHER BY DECREE OR BY CONTRACT;
(II) CREDIT A WITHDRAWAL OF A QUANTITY OFW ATER FROM THE
BANK, INCLUDING THE TERM, LOCATION, AND TYPE OF THE PROPOSED USE
OF THE WITHDRAWN WATER; AND
(III) ADMINISTER THE WITHDRAWN WATER:
(A) WITHIN THE PRIORITY SYSTEM IF THE WITHDRA WN WATER IS
SUBJECT TO PRIOR APPROPRIATION;
(B) WITHOUT THE NEED FOR AN ADJUDICATION; AND
(C) WITHOUT INJURIOUSLY AFFECTING THE OWNER OF OR PERSONS
ENTITLED TO USE WATER UNDER A VESTED WATER RIGHT OR A DECREED

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