BOARD00951

• Board Meeting Date: 3/24/2003
• Description: State Legislative Issues
• Board Meetings - Doc Type: Memo

water was used. Allows the money, to be spent only on economic
development in that county. Specifies that the act applies to applications.
for water right decrees filed on or after. the effective date of the act.

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I Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 37-92-305 (9), Colorado Revised Statutes, is
3 amended BY THE ADDITION OF A NEW PARAGRAPH to read:
4 37-92-305. Standards with respect to rulings ofthe referee and
5 decisions ofthe water judge. (9) (d)i No CLAIM FOR A WATER RIGHT
6 DIVERTING WATER DECREED FOR AdRICULTURE FROM ONE WATER
7 DIVISION TO ANOTHER MAY BE RECOGNIZED OR A DECREE THEREFOR
8 GRANTED UNLESS THE WATER JUDGE INCLUDES IN THE DECREE SUCH
9 TERMS AND CONDITIONS AS ARE REQUIRED TO ADDRESS THE DIRECT
10 ECONOMIC EFFECTS OF THE DIVERSION ON THE BASIN OF ORIGIN. FOR

11

PURPOSES OFTHIS PARAGRAPH (d), "DIRECT ECONOMIC EFFECT" MEANS AN

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12 AMOUNT OF MONEY EQUAL TO THE DIFFERENCE BETWEEN THE VALUE OF

13 THE LAND ON WHICH THE AGRICULTURAL WATER HAD BEEN USED BEFORE

14 THE PROPOSED CHANGE AND THE VALUE OF THE LAND AFTER THE

15 PROPOSED CHANGE. MONEYS OBLIGATED TO BE PAID PURSUANT TO THIS

16 PARAGRAPH (d) SHALL BE PAID TO THE BOARD OF COUNTY COMMISSIONERS

17 OF THE COUNTY IN WHICH THE WATER WAS USED AND MAYBE SPENT ONLY

18 ON ECONOMIC DEVELOPMENT PROJECTS IN SUCH COUNTY.

19 SECTION 2. Applicability. ~his act shall apply to applications

20 for water right decrees filed on or after the effective date of this act.

21 SECTION 3. Safety clause. The general assembly hereby finds,

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22 determines, and declares that this ac~ is necessary for the immediate

23 preservation of the public peace, healtj1, and safety.

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HB03-1113