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Last modified
8/16/2009 3:13:55 PM
Creation date
10/4/2006 7:13:00 AM
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Board Meetings
Board Meeting Date
5/16/2006
Description
Legislative Update - Review of Important Water Legislation
Board Meetings - Doc Type
Memo
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<br />CONTRACT IN WHICH THE OWNER OR GROUPS OF OWNERS OF IRRIGATION <br />WATER RIGHTS AGREE TO IMPLEMENT A CHANGE OF THE RIGHTS TO A NEW <br />USE BY FOREGOING IRRIGATION OF A PORTION OF THE LANDS HISTORICALLY <br />IRRIGATED AND THAT PROVIDES THAT THE WATER RIGHTS OWNER OR GROUPS <br />OF OWNERS MAY ROT ATE THE LANDS THAT WILL NOT BE IRRIGATED AS LONG <br />AS THERE IS NO INJURIOUS EFFECT AS SPECIFIED IN SECTION 37-92-305 (3). <br />THE CONTRACT SHALL ALSO PROVIDE THA TIN THE CHANGE OFW A TER RIGHT <br />PROCEEDING THE WATER RIGHTS OWNER OR GROUPS OF OWNERS SHALL SEEK <br />WATER COURT APPROVAL TO ROTATE THE LANDS THAT WILL NOT BE <br />IRRIGATED AS LONG AS THERE IS NO INJURIOUS EFFECT AS SPECIFIED IN <br />SECTION 37-92-305 (3). <br /> <br />. <br /> <br />(10 7) "SI "" I" t1. dI I . d <br />. Ola,gc. 01 A 0.1(, l.uGd.Ll.\ lC.hup0tl11 nc.n , p055GS5iOll,dH <br />eonhvl of watel by me..ul~ of a daHl. V/alels in tludeli;louud aCJ.aif..,~ ale <br />hot iH stc.lage 01 sto1ed eAeept to the eAtenl lIalelS in stich aquife,~ a,e <br />placed thele by othel than Hatwal m(.au~ wilh watel to ~hieh the p(.dOu <br />placiui; saeh ~atel in the wldc'5,ound aquifrl has a conditio"al vI decleed <br />right "SIGNIFICANTW A TER DEVELOPMENT ACTIVITY" MEANS ANY REMOVAL <br />OF WATER THAT RESULTS IN THE TRANSFER OF MORE THAN ONE THOUSAND <br />ACRE-FEET OF CONSUMPTIVE USE OF WATER PER YEAR BY A SINGLE <br />APPLICANT OR AN APPLICANT'S AGENTS. <br /> <br />.' <br /> <br />(10.8) "STORAGE" OR "STORE" MEANS THE IMPOUNDMENT, <br />POSSESSION, AND CONTROL OF WATER BY MEANS OF A DAM. WATERS IN <br />UNDERGROUND AQUIFERS ARE NOT IN STORAGE OR STORED EXCEPT TO THE <br />EXTENT WATERS IN SUCH AQUIFERS ARE PLACED THERE BY OTHER THAN <br />NATURAL MEANS WITH WATER TO WHICH THE PERSON PLACING SUCH WATER <br />IN THE UNDERGROUND AQUIFER HAS A CONDITIONAL OR DECREED RIGHT. <br /> <br />SECTION 2. 37-92-304 (6), Colorado Revised Statutes, is amended <br />to read: <br /> <br />37-92-304. Proceedings by the water judge. (6) Any decision of <br />the water judge as specified in subsection (5) of this section dealing with a <br />change of water right, IMPLEMENTATION OF A ROTATIONAL CROP <br />MANAGEMENT CONTRACT, or a plan for augmentation shall include the <br />condition that the approval of such change, CONTRACT, or plan shall be <br />subject to reconsideration by the water judge on the question of injuryto the <br />vested rights of others for such period after the entry of such decision as is <br />necessary or desirable to preclude or remedy any such injury. Such <br /> <br />PAGE 2-HOUSE BILL 06-1 124 <br /> <br />. <br />
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