Laserfiche WebLink
<br /> <br />FOR OPERATION OF THE PROGRAM. THE STATE ENGINEER, AFTER PUBLIC <br />MEETINGS IN THE ARKANSAS RIvER BASIN AND IN CONSULTATION WITH THE <br />COLORADO WATER CONSERVATION BOARD, SHALL CONSULT WITH THE <br />COLORADO WATER CONSERVATION BOARD REGARDING FORMULATION OF <br />THE RULES. THE RULES SHALL BE PROMULGATED IN ACCORDANCE WITH THE <br />FOLLOWING: <br /> <br />(1) THE RULES SHALL AUTHORlZE, FACILITATE, AND PERMIT THE <br />'LEASE, EXCHANGE, OR LOAN, INCLUDING THE USE OF INTERRUPTIBLE SUPPLY <br />, AGREEMENTS, OF STORED WATER WITHIN OR FROM THE BASIN OF THE <br />ARKANSAS RlVER LOCATED WITHIN COLORADO; EXCEPT THAT NOTHING IN <br />THIS ARTICLE SHALL BE CONSTRUBD TO AUTHORlZE ANY LEASE, EXCHANGE, <br />OR LOAN ,OF WATER BELOW JOHN MARTIN RESERVOIR TO POINTS OF <br />DIVERSION OR STORAGE ABOVE JOHN MARTIN RESERVOIR WITHOUT THE <br />, APPROVAL OF THE ARKANSAS RlVERCOMPACT ADMINISTRATION. <br /> <br />(II) THE RULES SHALL IMPOSE CONDITIONS UPON THE LEASE, <br />EXCHANGE, OR LOAN OF WATER IN THE BANK OUT OF THE ARKANSAS RIVER <br />BASIN SO AS TO BALANCE IN-BASIN SUPPLY DEMANDS AND IMPACTS OF THE <br />TRANSFER, OUTcOF-BASINSUPPL Y DEMANDS, ,ANDMAlNTENANCE OF THE <br />VALUE OF THE WATER BANKED., THE RULES SHALL SPECIFY THAT THE BANK <br />SHALL NOT BE OPERATED SO AS TO INCREASE WATER DIVERTED FROM <br />,ANOTHER WATER DIVISION AS SET FORTH IN SECTION 37-92-201. AT A <br />MINIMUM, SUCH RULES SHALL INCLUDE CONDITIONSREQ1J1RlNG WATER <br />A V AlLABLE IN THE BANK TO BE MADE A V AlLABLE FOR USE WITHIN THE BASIN <br />OF THE ARKANSAS RlVER PRlOR TO MAKING SUCH WATER AVAILABLE FOR <br />USE IN OTHER RlVER BASINS IN COLORADO. <br /> <br />'" <br /> <br />(Ill) THE RULES SHALL NOT PERMIT THE TRANSFER OF WATER FROM <br />,THEBANKTOINSTREAMFLOWUSES AS PROVIDED IN SECTION 37-92-1 02 (3) <br />EXCEPT WHERE SUCH TRANSFER; LEASE, LOAN, EXCHANGE, OR SALE IS TO <br />THE COLORADO WATER CONSERVATION BOARD. <br /> <br />(IV) THE BANK SHALL OPERATE WITHIN EXISTING REQUIREMENTS OF <br />COLORADO WATER LAW, INCLUDING SPECIFICALLY THE ARKANSAS RIVER <br />COMPACT, ARTICLE 69 OF THIS TITLE; THE "WATER RIGHT DETERMINATION <br />AND AAM1NIS'1'RATJON AGT OF W69",AR'.llCLE-9-2OFTHJSTJTLE,INCLUDThlG <br />SPECIFICALL YTHE REQUIREMENT THAT W ATER TRANSFERRED THROUGH THE <br />BANK BE PUT TOA BENEFICIAL USE; AND THE "COLORADO GROUND WATER <br />MANAGEMENT ACT", ARTICLE 90 OF TIDS TITLE; EXCEPT THAT, IN <br />COMPLIANCE WITH RULES PROMULGATED PURSUANT TO THIS ARTICLE, <br /> <br />PAGE 3-HOUSE BILL 01-1354 <br />