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

Rule 9.

Rule 10.

Rule 11.

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1.

The State and Division Engineers shall apply these presumptive
factors in approving and developing terms and conditions for
proposed leases, loans and exchanges of water from the above
ditch systems through the water bank in their determinations as
set forth in Rule 7 for bank users within these systems. To claim
values differing from those listed above users must submit to the
State and Division Engineers a full historic use analysis for
consideration.
For water outside of the systems listed above, a historic use
analysis must be submitted to the State and/or Division Engineers
for consideration.

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2.

Procedures for Delivering Water from Storage Facilities.

A. The Division Engineer must be notified a minimum of 24 hours prior to
a request for delivery of water from the bank. Such notification must
include the account number, date, time and location of release. The
Division Engineer will administer the delivery of water per the terms
and conditions of approval for the account and the agreement being
implemented.
B. In cooperation with the State and Division Engineers, the water bank
shall develop credit and debit accounting.
C. All transit losses will be determined by the State Engineer pursuant to
section 37-83-104, C.R.S.
D. Evaporative losses shall be determined by the State Engineer a
pursuant to section 37-80-102(7), C.R.S. .,
E. Exchange operations necessary for the delivery of water made
available through the water bank shall be evaluated and approved in
accordance with 37-83-104, CRS.

Reporting Requirements.

A.

The bank, in cooperation with the State and/or Division Engineers, will
publish monthly summaries of thei bank's transactions on the water bank
and Colorado Division of Water Resource's web sites. Hard copy of such
summaries will also be made available to the public at the State
Engineer's Office main office in Denver as well as the Water Division 2
Field Office in Pueblo.
By November 1, 2005, the State Engineer shall file a report to the
legislature and the Governor that discusses the effectiveness of the water
banking pilot program. This repor:! will include a discussion of any
existing legal, institutional, compact and social or economic constraints on .
the use of water banking. The report will also include any recommended
limitations upon the use of water banks within Colorado.

B.

Pilot Project Time Limitation.

These rules effectuate the laws set forth in sections 37-80.5-101 et seq.,
C.R.S. (2001). In accordance with the nature of the pilot project set forth
therein, that law and these rules /lire repealed automatically on July 1,

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