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BOARD00902
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Last modified
8/16/2009 2:55:06 PM
Creation date
10/4/2006 6:45:36 AM
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Template:
Board Meetings
Board Meeting Date
1/23/2002
Description
Request for Comments on "Whether the Anti-Speculation Doctrine Applies Within the Denver Basin Aquifers of the Designated Basins
Board Meetings - Doc Type
Memo
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<br />Rule 7, <br /> <br />Rule 8, <br /> <br />A. <br /> <br />e <br /> <br />Transactional Procedures. <br /> <br />A. <br /> <br />After negotiating a lease or option agreement between the seller <br />and buyer of the deposited water, the seller must provide the water <br />bank operator and State and Division Engineer with a signed <br />agreement describing the transaction, including but not limited to <br />the amount of water, the place of use, and the proposed time of <br />use, (If needed, the bank will provide a standard agreement form), <br />If the proposed lease/option shall require delivery of water into a <br />different distribution system, the seller or buyer shall provide written <br />consent of the owner or operator of the receiving facility or system, <br />including any terms or conditions related to the use of such facility <br />or system, <br />Within three (3) business days after receipt of the signed lease or <br />option agreement described above, the State and/or Division <br />Engineer will provide the seller and buyer with terms and conditions <br />necessary for implementing the agreement. The terms and <br />conditions shall include any necessary and/or desirable limitations <br />upon the time, place or type of use of the water made available <br />through the water bank, or other terms and conditions as deemed <br />necessary to prevent injury to vested water rights, including dry-up <br />provisions where applicable, <br />Upon acceptance by the State and Division Engineers of the <br />agreement, including relevant terms and conditions, the water bank <br />operator may finalize the agreement between the seller and buyer. <br />A seller of deposited water shall comply with all state and local laws <br />and regulations regarding land use and vegetation (Le, weed <br />control), <br />The water bank shall establish and charge sufficient fees to cover <br />administrative costs incurred during the operation of the bank, <br /> <br />e <br /> <br />8, <br /> <br />C, <br /> <br />D, <br /> <br />E. <br /> <br />Quantification Procedures for Water to be Released from the <br />Bank. <br /> <br />Presumptive Factors, The following table indicates presumptive <br />values for stored water historically applied to ditch service areas as <br />winter water, Article II water, and/or appropriative storage rights <br />when deposited in the water bank, No presumptive factors are <br />proposed for use in connection with waters associated with the <br />Colorado Canal, Lake Henry, or Lake Meredith for which <br />quantification procedures have been established by decrees of the <br />Water Court, Only that portion of each unit of deposited water <br />determined as consumable through application of the appropriate <br /> <br />e <br /> <br />6 <br />
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