BOARD01726

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

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ENTERED INTO AN ENFORCEABLE MITIGATION AGREEMENT WITH EACH
W ATERCONSERV ANCY AND W ATERCONSERV ATIONDISTRICTFROMWlTHIN
WHOSE BOUNDARIES THE WATERS WILL BE SO TRANSFERRED BY
SUBMITTING THE MillGATION AGREEMENT TO THE WATER COURT;
(II) IF THE APPLICATION DOES NOT PROPOSE TO TRANSFER WATER
OUTSIDE OF A WATER CONSERVANCY OR CONSERVATION DISTRICT BUT
DOES PROPOSE TO TRANSFER, EITHER DIRECTLY, INDIRECTLY, OR BY
EXCHANGE, WATER FOR BENEFICIAL USE OUTSIDE A COUNTY, THE
APPLICANT MAY DEMONSTRATE TIiAT IT HAS ENTERED INTO AN
ENFORCEABLE MillGATION AGREEMENT WITH THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY FROM WITHIN WHOSE BOUNDARIES THE
WATERS WILL BE SO TRANSFERRED BY SUBMITTING THE MITIGATION
AGREEMENT TO THE WATER COURT;
(III) THE WATER COURT SHALL INCORPORATE THE TERMS AND
CONDITIONS OF THE MillGATION AGREEMENT IN THE WATER DECREE;
(IV) WATER CONSERVATION DISTRICTS, WATER CONSERVANCY
DISTRICTS, AND COUNTIES SHALL GIVE PUBLIC NOTICE OF AND AN
OPPORTUNITY TO COMMENT ON THE DRAFT AGREEMENT AT A PUBLIC
HEARING IN ACCORDANCE WITH THE PROCEDURES USED FOR ADOPTION OF
A RESOLUTION AND IN ACCORDANCE WITH SECTION 37-92-302 (3).
(b) IF AN APPLICATION IS DESCRIBED IN PARAGRAPH (a) OF THIS
SUBSECTION (17) AND THE APPLICANT DOES NOT SUBMIT TO THE WATER
COURT AN ENFORCEABLE MillGATION AGREEMENT AS DESCRIBED IN SUCH
PARAGRAPH (a), THE WATER JUDGE SHALL INCLUDE IN THE DECREE TERMS
AND CONDillONS TO REQillRE TIiAT THE PRESENT APPROPRIATION OF
WATER AND PROSPECTIVE BENEFICIAL USES OF WATER WrrmN THE
DISTRICT OR COUNTY FROM WHICH THE WATER IS SO TRANSFERRED WILL

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HBOS-l296