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<br />. <br /> <br />PROPOSED RULES <br />ARKANSAS RIVER WATER BANK PILOT PROGRAM <br />DRAFT CWCB COMMENTS <br />January 2002 <br /> <br />OVERVIEW: <br />The proposed rules relate to "stored water" only, No direct flow water rights or <br />groundwater are eligible, The rules apply basin wide and are effective through June 30, <br />2007, <br /> <br />. <br /> <br />COMMENTS: <br />I. Rule 3,A.5 - It is not clear how "Interruptible Supply" relates to the requirement of <br />doing things in accord with Colorado Water Law which would dictate that a change <br />application would be required if water was banked on a regular basis. Therefore, <br />seems like some additional language would be required to assure the bank actions are <br />temporary and undertaken on a periodic basis, If done on a regular basis, a change <br />application may be necessary, <br />2, Rule 3,A.9 - Same comment as number I. <br />3, Rule 4,K - If the Water Bank operates on a year-to-year basis, what happens to water <br />that is banked but goes unused? Does it revert back to the original owner and become <br />carryover storage, or does something else happen? This should be clear in the rules. <br />4, Rule 4 - Can federal reservoirs participate in the water bank? How does this square <br />with federally authorized project purposes? It seems like if federal reservoirs do <br />participate that additional limitations may be required in order to remain within <br />authorized project purposes, Also, probably should ask federal agencies that are <br />trying and or hoping to market water from a project if the water bank creates potential <br />conflicts that are difficult to resolve, ' <br />5, Rule 7 - Should the water bank attempt to establish a price for water placed into or <br />released from the bank? Should prices be set basin by basin? How do you encourage <br />use ofthe bank in conjunction with the free water market? <br />6, Do the rules require a section on who is authorized to run the water bank? Hal <br />indicated that he was working with the Southeastern Water Conservancy District to <br />manage the pilot bank, This is okay for the pilot, but the reporting requirements <br />should include recommendations on how to implement the water bank statewide <br />should it prove to be successful. If successful, it seems that one administrator would <br />be desirable to assure some consistency in rules, regulations and administration, <br />Perhaps one of the recommendations would be to review how water banks have been <br />established in other states, such as the Arizona Water Bank for example, <br /> <br />. <br />