BOARD02303

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

e

e

e

,

1 (IV) THE RULES SHALL DEFINE THE TERMS "INTERRUPTIBLE
2 SUPPLY" AND "WATER BANKING".
3 (V) THE RULES SHALL TAKE INTO ACCOUNT AND ADDRESS, AS
4 APPROPRIATE, ANY NECESSARY OR DESIRABLE LIMITATIONS UPON THE
5 TIME, PLACE, OR TYPE OF USE OF WATERS MADE A V AILABLE THROUGH THE
6 WATER BANKS, AND THE APPROPRIATE LENGTH OF AGREEMENTS
7 IMPLEMENTING BANKING TRANSACTIONS.
8 (b) THE RULES SHALL ENSURE THAT OPERATION OF THE BANKS
9 SHALL NOT CAUSE ANY MATERIAL INJURY TO THE OWNER OF OR PERSONS
10 ENTITLED TO USE WATER UNDER A VESTED WATER RIGHT OR A DECREED
11 CONDITIONAL WATER RIGHT.
12 (c) THE RULES SHALL ESTABLISH CRITERIA PURSUANT TO WHICH
13 THE STATE ENGINEER SHALL:
14 (I) ACCEPT A DEPOSIT OF A QUANTITY OF WATER IN A BANK,
15 INCLUDING NECESSARY PROOF OF:
16 (A) OWNERSHIP OR A LEASE OR CONTRACT THAT INCLUDES THE
17 RIGHT TO USE AND CONTROL THE DISPOSITION OF WATER; AND
18 (B) THE LEGAL PARAMETERS OF THE WATER FOR USE SUBJECT TO
19 THE PROPOSED DEPOSIT, WHETHER BY DECREE OR BY CONTRACT;
20 (II) CREDIT A WITHDRAWAL OF A QUANTITY OF WATER FROM A
21 BANK, INCLUDING THE TERM, LOCATION, AND TYPE OF THE PROPOSED USE
22 OF THE WITHDRAWN WATER;
23 (III) PUBLISH A SUMMARY OF EACH W ATERBANK'S TRANSACTIONS,
24 INCLUDING THE AMOUNTS OF WATER SUBJECT TO SUCH TRANSACTIONS;
25 AND
26 (IV) ADMINISTER THE WITHDRAWN WATER:
27 (A) WITHIN THE PRIORITY SYSTEM IF THE WITHDRAWN WATER IS

-5-

1318