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<br />B. <br /> <br />c. <br /> <br />Rule 6. <br /> <br />Rule 7. <br /> <br />Based upon its review of the above information the water bank, in <br />consultation with the Division Engineer, shall determine whether the <br />stored water is eligible for deposit in the bank. If the water bank <br />determines that the water is not eligible, it shall notify the prospective <br />depositor to address any impediments to the water's eligibility. <br />Upon determination that a prospe6tive depositor's stored water is eligible <br />for deposit into the water bank, thelwater bank and the depositor shall <br />negotiate and enter into a deposit ~greement. The terms of the deposit <br />agreement shall include, but not be limited to: <br /> <br />1. Authorization of the water ban~ by the depositor to advertise and <br />market the water placed into th,El deposit account. <br />2. The depositor's agreement that the water bank shall have the <br />exclusive right to lease, loan o~ exchange the deposited water on <br />behalf of the depositor for the term of the deposit agreement, and that <br />the depositor shall not independently market, lease, loan or exchange <br />the deposited water during the 'time that the deposit agreement is in <br />effect. <br />3. A provision that the depositor may remove the deposited water from <br />the water bank for the depositqr's own use or for permanent sale by <br />the depositor at any time prior to an actual water bank transaction in <br />which control of all or a portion: of the deposited water is transferred. <br />4. Any other terms deemed nece~sary by the water bank and the <br />depositor. . <br /> <br />Publication. <br /> <br />A. <br /> <br />Upon finalization of the deposit agreement the water bank shall list the <br />availability of the water right On the water bank's web site. Listings of <br />availability shall also be available ~t any State or Division Engineer's field <br />office locations. ; <br />The listing shall include at a minirrlum, the amount of water available, the <br />physical location of the water, the ;source of water and the historic type of <br />use. <br />During the first five (5) business days of publication, only in-basin use <br />bids for use of the water may be accepted by the seller in order to <br />promote use within the basin of origin. Once this initial listing period is <br />complete without an acceptable offer, all bids from potential purchasers, <br />including out-of-basin users may ~e considered. <br />, <br />, <br />, <br />Transactional Procedures. I <br /> <br />B. <br /> <br />c. <br /> <br />A. <br /> <br />Upon acceptance of the terms and conditions between the seller and <br />buyer of the deposited water, the seller must provide the water bank and <br />State and Division Engineer with ~ signed agreement describing the <br />transaction, Including but not Iimit~d to the amount of water, the place of <br />use, and the proposed time of us~. <br />Within 3 business days after receIpt of the signed deposit agreement <br />described above, the State and/or Division Engineer will provide the seller <br />and buyer with terms and conditiqns for approval. The terms and <br /> <br />B. <br /> <br />4 <br /> <br />; <br /> <br /> <br />e <br /> <br />e <br /> <br />,e <br />