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<br />Rule 4,
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<br />F,
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<br />G,
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<br />H,
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<br />B,
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<br />partnership who administers the water bank and is entitled to
<br />charge a transaction fee for deposits, withdrawals, or both,
<br />sufficient to cover the bank's administrative costs,
<br />12, "Winter water" means water stored using the Winter Water
<br />Storage Program as described in Case No, 84CW179,
<br />Water Division 2
<br />Any term used in these Pilot Water Bank Rules that is defined in
<br />37-90-103 or 37-92-103, C,R.S, shall have the same meaning
<br />given therein,
<br />Any term used in these Pilot Water Bank Rules not defined herein
<br />that is defined in other Rules and Regulations of the State Engineer
<br />shall have the same meaning given therein,
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<br />C,
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<br />Limitations on the Pilot Water Bank.
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<br />A.
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<br />Nothing in these rules shall be construed to authorize any lease,
<br />exchange, option, or loan of water below John Martin Reservoir to
<br />points of diversion or storage above John Martin Reservoir without
<br />the approval of the Arkansas River Compact Administration.
<br />No transfer of water from the bank to instream flow uses as
<br />provided in section 37-92-102(3), C,R.S, (2001) is allowed except
<br />where such transfer, lease, loan, option, exchange or sale is to the
<br />Colorado Water Conservation Board,
<br />The water bank shall not be used to export water out of state,
<br />The water bank shall not operate in a manner so as to increase
<br />water diverted from another water division as set forth in Section
<br />37-92-201, C,R.S, (2001).
<br />Winter water shall only be bankable if deposited before May 1
<br />following the winter storage program period during which such
<br />water was stored,
<br />Article II winter water can be used in the water bank, No Article II
<br />"summer stored water" can be used in the bank,
<br />Any deposit of water into the water bank and any leases, loans,
<br />options or exchanges through the water bank must be consistent
<br />with all statutory and regulatory requirements, operating principles,
<br />and contractual requirements governing the use of federally
<br />authorized projects in the Arkansas River basin to the extent such
<br />project facilities are utilized in banking operations,
<br />The bank shall operate within the existing requirements of Colorado
<br />water law, including the Arkansas River Compact, the Colorado
<br />Ground Water Management Act, (see sections, 37-90-101, et seq,
<br />C,R.S, (2001)), and the Water Rights Determination and
<br />Administration Act (see sections 37-92-101, et seq" C.R,S, 2001).
<br />However, upon approval by the State Engineer, adjudication of the
<br />temporary use of the water right is not required pursuant to section
<br />37-80,5-104(a)(IV)(B), C,R,S, (2001).
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<br />8,
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<br />C,
<br />D.
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<br />E.
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<br />3
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<br />I
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