BOARD02303

• Board Meeting Date: 5/19/2003
• Description: State Legislative Issues
• Board Meetings - Doc Type: Memo

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IN WHICH SUCH DISTRICT IS LOCATED. THE STATE ENGINEER SHALL HOLD
PUBLIC MEETINGS AND CONSULT WITH THE COLORADO WATER
CONSERVATION BOARD REGARDING FORMULATION OF THE RULES. THE
RULES SHALL BE PROMULGATED IN ACCORDANCE WITH THE FOLLOWING:
(I) THE RULES SHALL AUTHORIZE, FACILITATE, AND PERMIT THE
LEASE, EXCHANGE, OR LOAN OF STORED WATER WITHIN
AWATllR."DlViSION; EXCEPT THAT NOTl-nNG IN THIS ARTICLE SHALL BE
CONSTRUED TO AUTHORIZE ANY LEASE, EXCHANGE, OR LOAN OF WATER
THAT WOULD NEGATIVELY AFFECT ANY OF COLORADO'S INTERSTATE
COMPACTS.
(II) THE RULES SHALL NOT PERt.lIT THE TRANSFER, LEASE, LOAN,
EXCHANGE, OR SALE OF W ATERFROMTHEBANKS TO INSTREAMFLOW USES
AS l'ROVIDED IN SECTION 37-92-102 (3~ UNLESS SUCH TRANSFER, LEASE,
LOAN, EXCHANGE, OR SALE IS TO THE COLORADO WATER CONSERVATION
BOARD.
(III) THE BANKS SHALLOPERAT\! WITHIN EXISTING REQUIREMENTS
OF COLORADO WATER LAW AS SET, FORTH IN THE "WATER RIGHT
DETERMINATION AND ADMINISTRATION AcrOF 1969", ARTICLE 92 OF THIS
TITLE, INCLUDING SPECIFICALLY THE REQUIREMENT THAT WATER
TRANSFERRED THROUGH THE BANKS BE PUT TO ABENEFICIAL USE, AND THE
"COLORADO GROUND WATER MANAqEMENT ACT", ARTICLE 90 OF THIS

,
TITLE; EXCEPT THAT, IN COMPLIANCE WITH RULES PROMULGATED

PURSUANT TO THIS ARTICLE, LEASES, LOANS, AND EXCHANGES

EFFECTUATED THROUGH THE BANKS ~ED NOT REQUIRE ADJUDICATION

PURSUANT TO ARTICLE 92 OF THIS TITL!>, AND THE STATE ENGINEER SHALL
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ADMINISTER SUCH LEASES, LOANS, AJI!D EXCHANGES NOTWITHSTANDING

THE FACT THAT THEY MAY NOT HAVE BEEN ADJUDICATED.

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