BOARD01923

• Board Meeting Date: 11/19/2001
• Description: Draft Water Banking Rules in Arkansas River Basin to be Promulgated Pursuant to HB 01-1354
• Board Meetings - Doc Type: Memo

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Rule 5.

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Article" winter water can be used in the water bank. No Article"
"summer stored age water" can be used in the bank.
Any deposit of water into the water bank and any leases, loans or
exchanges through the water bank must comply with all rules, regulations
and requirements as set forth by the United States Bureau of
Reclamation and the Southeastern Water Conservancy District.
The bank shall operate within the existing requirements of Colorado water
law, including the Arkansas River Compact, the Colorado Ground Water
Management Act, (see sections, 37-90-101, et seq. CRS., 2001), and
the Water Rights Determination and Administration Act (see sections 37-
92-101, et seq., C.R.S. 2001), apply. However, upon approval by the
State Engineer, adjudication of the temporary use of the water right is not
required pursuant to section 37-80.5-104(a)(IV)(B), C.R.S.(2001).
Ground water shall not be used as bankable water for the Pilot Water
Bank.
The Pilot Water Bank shall operate on a year-to-year basis and leases of
banked water shall not be more than one year.

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Procedures for Placing Water into the Water Bank.

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To apply to deposit water into the water bank, a prospective depositor
must pay any application and/or posting fees required by the water bank
and must provide the following information:

1.

Written agreements that the owner or operator of the reservoir
from which the water will be released for use in the Pilot Water
Bank has approved the use of the water and will properly account
for the water in the reservoir.
Where necessary, written authorization from the Southeastern
Colorado Water Conservancy District or the U.S. Bureau of
Reclamation for the proposed deposit and potential lease, loan or
exchange of stored water.
Proof of ownership, lease or contract that includes the right to use
and control the disposition of the water.
The amount of legally stored water that will be deposited into the
water bank
A legal description of the release point and historic place of use of
the water.
An estimate of the historic consumptive use available.
Anticipated terms that may apply to the lease, loan or exchange of
the water, including, but not limited to:
a. Applicable time frames, parameters and/or limitations for and
on use of the water.
b. Where applicable, the minimum bid price the depositor will
accept for the water.
c. The minimum amount of stored water the depositor is willing to
lease, loan or exchange.
Contact information, including name, address, phone number and
email address (if available).
Any other relevant information requested by the water bank.

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