BOARD00908

• Board Meeting Date: 7/23/2002
• Description: Special Session Report
• Board Meetings - Doc Type: Memo

37-82.206. Applicant's public meetings. PRIOR TO THE ADOPTION OF THE PLAN REQUIRED BY.
SECTION 37-82-205, THE APPLICANT SHALL HOLD AT LEAST ONE PUBLIC MEETING IN THE BASIN FROM WHICH I~
SEEKS TO OBTAIN THE WATER, AND OTHER SUCH MEETINGS AS MAY BE DEEMED APPROPRIATE.
37-82-207. District court filings. AT A TIME TO BE SET BY THE DISTRICT COURT FOLLOWING THE
FILING OF AN APPLICATION BY A WATER TRANSPORT APPLICANT, SUCH APPLICANT SHALL FILE WTTH THE
DISTRICT COURT THE INTEGRATED WATER SUPPLY AND.DEMAND PLAN REQUTRED IN SECTION 37-82-205 AS WELL
AS ALL RELEVANT, UNPRIVILEGED DOCUMENTS, STUDIli'S, AND OTHER MATERIALS UNDERTAKEN OR PREPARED IN
CONJUNCTION WTTH SUCH PLAN.
37-82-208. District court hearing. AFTER THE FILING OF THE PLAN AND MATERIALS REQUTRED BY
SECTION 37-82-207, THE DISTRICT COURT SHALL TAKE: EVIDENCE ON THE ADEQUACY AND REASONABLENESS OF
THE APPLICANT'S PLAN FROM THE APPLICANT AND ANY PARTIES TO THE PROCEEDING ON THE APPLICANT'S
APPLICATION.
37-82-209. District court approval of applicant's piau. No APPLICATION FOR WATER TRANSPORT
SHALL BE AFPROVED UNLESS THE DISTRICT COURT FINDS AND DETERMINES THAT THE AFPLICANT HAS COMPLIED
SATISFACTORILY WTTH THE REQUIREMENTS OF THIS PART 2 AND SECTION 37-92-305 (17) AND HAS SHOWN BY A
PREPONDERANCE OF THE EVIDENCE THAT THE WATER TRANSPORT IS NECESSARY TO MEET SUCH APPLICANT'S
REASONABLY FORESEEABLE NEEDS DURING THE PLANNING PERIOD, INCLUDING THE NEEDS OF ITS CUSTOMERS OR
OTHER END USERS.
SECTION 20 37-92-102, Colorado Revised: Stanites, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
37-92-102. Legislative declaration - basic tenets of Colorado water law. (7) THE DIVERSION OR
WITHDRAWAL OF WATER FOR TRANSPORT OUT OF A WATER BASIN FOR USE IN ANOTHER LOCATION RAISES
SOCIAL, ECONOMIC, AND ENVIRONMENTAL ISSUES AFFECTING THE SAFETY, HEALTH, AND GENERAL WELFARE OF
THE CITIZENS OF THE STATE. IT IS, THEREFORE, NECESSARY FOR THE PROTECTION OF THE PUBLIC SAFETY,
HEALTH, AND GENERAL WELFARE OF THE CITIZENS OF'THIS STATE THAT ANY SUCH INTERBASIN TRANSPORT O.
WATER BE SUBJECT TO THIS ARTICLE.
SECTION 30 37-92-302, Colorado Revised, Statutes, is amended BY THE ADDITION OF A NEW
. SUBSECTION to read:
37-92-302. Applications for water rigbts or changes of such rights - plaus for augmentatiou.
(6) EACH PERSON SEEKING A WATER RIGHT DETERMINATION PURSUANT TO THIS SECTION THAT INVOLVES
WATER TRANSPORT, AS DEFINED IN SECTION 37-82-203 (2), SHALL INCLUDE IN SUCH PERSON'S APPLICATION
FILED WITH THE WATER CLERK ANY INFORMATION CONCERNING SUCH PROPOSED TRANSPORT REQUIRED BY THE
DISTRICT COURT IN A FORM PRESCRIBED BY SUCH COURT. SUCH lNFORMATlON AND FORM SHALL BE IN ADDITION
TO ANY INFORMATION PRESCRIBED BY THE WATER JlirDGES PURSUANT TO SUBSECTION (2) OF THIS SECTION.
NOTWTTHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, THE DISTRICT COURT SHALL ESTABLISH
A pEE FOR THE FILING OF ANY SUCH APPLICATION IN AN AMOUNT SUFFICIENT TO COVER THE DIRECT AND
INDIRECT COSTS OF THE REVIEW BY SUCH COURT.
SECTION 40 37-92-305, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
37-92-305. Standards with respect to rulings of the referee and decisions of the water judge.
(17) (a) EACH APPLICATION THAT INVOLVES WATER TRANSPORT, AS DEFINED IN SECTION 37-82-203 (2), SHALL
BE APPROVED IF THE APPLICANT CAN PROVIDE SATISFACTORY EVIDENCE THAT THE APPLICANT HAS SATISFIED
THE REQUTREMENTS OF PART 2 OF ARTICLE 82 OF THIS TITLE AND THAT:
(I) THE PROPOSED WATER TRANSPORT IS THE LEAST-COST ALTERNATIVE FOR MEETING THE
DEMONSTRATED WATER NEED WHEN ALL ALTERNATIVES ARE CONSIDERED, INCLUDING, BUT NOT LIMITED TO,
OTHER SUPPLY ENHANCEMENT AND DEMAND MANAGEMENT ALTERNATIVES;
(II) THE BENEFITS TO THE AREA OF USE EXCI;lED ALL COSTS TO THE AREA OF ORIGIN, INCLUDING, BUT
NOT LIMITED TO, ENVIRONMENTAL DAMAGE AND FULL COSTS OF THE TRANSPORT; AND
(Ill) THE APPLICANT AGREES TO PAY ANY CqMPENSATION ORDERED BY THE COURT TO MITIGATE AN."
SHORT- OR LONG-TERM LOSSES WTTHIN THE AREA OF ORIGIN.
(b) SATISFACTORY EVIDENCE OF COMPLI~CE WTTH SOME OR ALL OF THE REQUIREMENTS OF
PARAGRAPH (a) OF THIS SUBSECTION (17) MAY BE SHOWN BY A WRITTEN AGREEMENT BETWEEN THE APPLICANT