BOARD01816

• Board Meeting Date: 11/19/2001
• Description: CF Section - Proposed Statute Revisions Construction Fund and Severance Tax Trust Fund Perpetual Base Account
• Board Meetings - Doc Type: Memo

(A) WITHIN THE PRIORITY SYSTEM IF THE WITHDRAWN WATER IS
SUBJECT TO PRIOR APPROPRIATION;

(B) WITH OR WITHOUT THE NEED FOR AN ADJUDICATION; ANP

(C) WITHOUT CAUSING MATERIAL INJURY TO THE OWNER OF OR
PERSONS ENTITLED TO USE WATER uNDER A VESTED WATER RIGHT OR A
DECREED CONDITIONAL WATER RIGHT.

(d) THE RULES MAY ALLOW THE STATE ENGINEER TO DELEGATE
ADMINISTRATION OF THE BANK TO A PUBLIC ENTITY OR PUBLlC-pRlVATE
PARTNERSHIP. THE STATE ENGINEER, THE PUBLIC ENTITY, oR THE
PUBLlC-l'RIVATE PARTNERSHIP SHA):.,L BE ENTITLED TO CHARGE A
TRANSACTION FEE FOR DEPOSITS, WlTlIDRA W ALS, OR BOTH, SUFFICI6NT TO
COVER THE BANK'S ADMJNISTRATlON COSTS,

(2) THE DEPOSIT OF CREDITS IN THE BANK. IS VOLUNTARY, AND
CREDITS MAY BE REMOVED BY THE OWNER AT ANY TIME PRIOR TO AN
ACTUAL TRANSACTION IN WHICH CONTROL OF A CREDIT IS TRANSFIlRRED,
SUBJECT, TO 'THE TERMS' AND ,CONDITIONS OF THE DEPOSITAGREliIMENT
EXECUTI'D WITH THE OPERATOR OF THE BANK.

(;3) THE STATE ENGINEER SHALL SEEK A WAIVER OR CLARIFICATION
OF ANY FEDERAL LAWS, RULES; OR IUlGULATIONS THAT MAY IMPEDE THE
IMPLEMI'NTATlON OF THE PILOT PROJECT IN THE ARKANSAS RIVER BASIN.

37-80.5-105. Review of ruleS. JUDICIAL REVIEW OF ALL RULES
PROMULGATED PURSUANT TO THIS ARTICLE SHALL BE IN ACCORDANCE WITH
THE "STATE ADMINISTRATIVE PROCEDURE ACT", ARTICLE 4 OF TITLE 24,
C,R.S.;EXCEPT THAT VENUE FOR SUCH REVIEW SHALL LIE EXCLUSIVELY
WITH TflE WATER JUDGE FOR WATER DIVISION TWO.

37-80.5-106. Report. (1) THE STATE ENGINEER SHALL SUflMIT A
REPORT TO THE GENERAL ASSEMBLY AND THE GOVERNOR ON OR BEFORE
NOVEMl3ER 1,2005, REGARDING:

(a) THE EFFECTIVENESS OF THE PIW'F PRDGR.AM;

(b) ,EXISTING STATUTORY, REGULATORY, OR CONTRACTUAL
CONSTRAINTS ON THE SUCCESSFUL USE OF WATER BANKING wITHIN
COLORADO;

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