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<br />. <br /> <br />. <br /> <br /> <br />. <br /> <br />Rule 6, <br /> <br />A. <br /> <br />B, <br /> <br />c, <br /> <br />B, <br /> <br />Based upon its review of the above information, the water bank, in <br />consultation with the Division Engineer, shall determine whether the <br />stored water is eligible for deposit in the bank, If the water bank <br />determines that the water is not eligible, it shall notify the <br />prospective depositor to address any impediments to the water's <br />eligibility, <br />Upon determination that a prospective depositor's stored water is <br />eligible for deposit into the water bank, the water bank and the <br />depositor shall negotiate and enter into a deposit agreement. The <br />terms of the deposit agreement shall include, but not be limited to: <br /> <br /> <br />c, <br /> <br />1, Authorization of the water bank by the depositor to advertise <br />and market the water placed into the deposit account. <br />2. The depositor's agreement that the water bank shall have the <br />exclusive right to lease, loan, option or exchange the deposited <br />water on behalf of the depositor for the term of the deposit <br />agreement, and that the depositor shall not independently <br />market, lease, loan, option or exchange the deposited water <br />during the time that the deposit agreement is in effect. <br />3, A provision that the depositor may remove the deposited water <br />from the water bank for the depositor's own use or for <br />permanent sale by the depositor at any time prior to an actual <br />water bank transaction in which control of all or a portion of the <br />deposited water is transferred pursuant to terms of the deposit <br />agreement. <br />4, Any other terms deemed necessary by the water bank and the <br />depositor. <br /> <br />Publication. <br /> <br />Upon finalization of the deposit agreement, the water bank shall list <br />the availability of the water right on the water bank's web site, <br />Listings of availability shall also be available at any State or <br />Division Engineer field office locations, <br />The listing shall include, at a minimum, the amount of water <br />available, the stored location of the water, the source of water and <br />the historic type of use, <br />In order to promote use within the Arkansas River basin, during the <br />first ten (10) business days of publication, only in-basin use bids for <br />use of the water may be submitted to the seller, The seller must <br />accept a bid meeting at least the minimum bid price during this ten <br />(10) day period, If this initial listing period expires without a <br />minimum bid price being offered, all bids from potential purchasers, <br />including out-of-basin users may be considered, <br /> <br />5 <br />