BOARD01726

• Board Meeting Date: 3/22/2005
• Description: Current State Legislative Issues
• Board Meetings - Doc Type: Memo

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Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. The introductory portion to 37-92-308 (5) (a),
Colorado Revised Statutes, is amended, and the said 37-92-308 (S) (a) is
further amended BY THE ADDITION OF A NEW SUBPARAGRAPH,
to read:
37-92-308. Substitute water supply plans - special procedures
for review - water adjudication cash fund . legislative declaration.
(5) (a) Beginning January 1, 2002, for new water use plans involving
out -of-priority di versions or a change of water right, if no application for
approval of a plan for augmentation or a change of water right has been
filed with a water court and, the l'<.l:tCi u~G plan v< dla11~L ptopv&GJ and
IN THE CASE OF A WATER USE PLAN, the depletions associated with such
water use plan Oi cha..gc will be for a limited duration not to exceed five
years, OR, IN THE CASE OF TEMPORARY CHANGE IN USE, THE CHANGED USE
OF THE WATER WILL BE FOR A LIMITED DURATION NOT TO EXCEED FIVE
YEARS, the state engineer may approve such plan or change as a substitute
water supply plan if the following conditions are met:
(V) IN ADDITION TO ALL OTHER LAWFUL USES, WATER RIGHTS FOR
wmCH A TEMPORARY CHANGE HAS BEEN APPROVED UNDER THIS
SUBSECTION (5) MAY BE USED IN AN AUGMENTATION PLAN DECREED BY
THE WATER COURT OR IN A SUBSTITUTE WATER SUPPLY PLAN APPROVED
PURSUANT TO THIS SECTION; IN ACCORDANCE WITH THE GOVERNING
AUGMENTATION PLAN, DECREE, OR SUBSTITUTE WATER SUPPLY PLAN
APPROVAL. AN APPROVAL OF A TEMPORARY CHANGE OF WATER RIGHT
SHALL INCLUDE PROVISIONS FOR REPLACEMENT OF RETURN FLOWS IN A
MANNER SUFFICIENT TO PREVENT INIURY TO SENIOR RIGHTS. SUCH

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HBOS-118S