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BOARD01816
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BOARD01816
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Last modified
8/16/2009 3:07:40 PM
Creation date
10/4/2006 7:02:54 AM
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Template:
Board Meetings
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
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<br /> <br />. <br /> <br />, <br /> <br />bank's transactions and administer the water without causing injury to vested <br />water rights within the priority system if necessary with or without the need for <br />adjudication; <br /> <br />· the allowance of transaction fees to be charged to cover administration costs; , <br /> <br />· the allowance of a SE or a public/private/coop partnership to exist in the <br />administration of the bank. <br /> <br />Other <br />· Deposits to the water bank are voluntary and may be removed by the owner <br />at any time prior to an actual transaction taking place subject to any relevant <br />terms and conditions of the deposit. <br /> <br />· The State Engineer is required to seek waivers or clarification of any Federal <br />laws, rules or regulations that may impede the implementation of HB 1354. <br /> <br />· Promulgation of the rules must be pursuant to must be in accordance with the <br />Administrative Procedures Act, however, jurisdiction for judicial review lies in <br />the Division 2 Water Court. <br /> <br />Reporting requirements <br />By November 1, 2005, the State Engineer shall file a report to the <br />legislature and the Governor that discusses the effectiveness of the <br />program, any eXisting legal, institutional, compact, and social or economic <br />constraints on the use of water banking. The report is to also include any <br />recommended limitations upon the use of water banks within Colorado. <br /> <br />Repeal <br />The laws described above are automatically repealed on July 1, 2007. <br />Water left in the bank at this time reverts back to the owner of record. <br /> <br />Office of Smart Growth <br />House Bill 1354 also indicates that applications for dollars out of the <br />Colorado heritage planning grantari38vajjaele-andis less restrictiveJn the <br />application process in that applications for water banking may be <br />submitted singly or in combination with local government, irrigation district, <br />ditch company or conservancy district. Local government in connection <br />with this Act includes irrigation districts, ditch companies and conservancy <br />districts. <br />
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