BOARD01726

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

.

1
2
3
4
5
6
7
8
9
. 10
11
12
13
14
15
16
17
18
19
20
21
22
23

districts or county. Requires such a district or county to provide notice
of and an opportunity for public comment at a public hearing on the terms
of the proposed agreement. Requires the clerk of the water court to
publish the notice in the water court resume.

Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. The general assembly
hereby finds, determines, and declares that Colorado is a semiarid state
in which water is often not naturally available at the time or place of
need. Continuing growth and development places increasing demands on
a natural resource in limited supply. In order to fully and efficiently
utilize Colorado's water resources, as well as to protect the environment
and local economies, the state must encourage communication and
cooperation among those who seek additional water supplies and those
who may be impacted by the development or transfer of those supplies.
Additionally, the state must provide a process for resolution of water
conflicts that encourages collaborative efforts among parties to produce
mutually-agreeable resolutions.
SECTION 2. 37-92-305, Colorado Revised Statutes, is amended
BY THE ADDmON 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) IN ANY APPLICATION FOR A NEW
APPROPRIATION OF WATER OR A CHANGE OF USE OF A WATER RIGHT TIiAT

PROPOSES TO TRANSFER WATER, EITHER DIRECTLY, INDIRECTLY, OR BY

EXCHANGE, THE FOLLOWING SHALL APPLY:
(I) IF THE APPLICATION WILL RESULT IN WATER BEING CONVEYED
AND BENEFICIALLY USED OUTSIDE A WATER CONSERVANCY OR WATER

CONSERV ATIONDISTRICT, THEAPPLICANTMA YDEMONSTRATE THAT IT HAS

-2-

HBOS-1296