BOARD02303

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

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

SUBJECT TO PRIOR APPROPRIATION;
(B) WITH OR WITHOUT THE NEED FOR AN ADJUDICATION; AND
(C) WITHOUT CAUSING MATERiAL INJURY TO THE OWNER OF OR
PERSONS ENTITLED TO USE WATER UNDER A VESTED WATER RIGHT OR A
DECREED CONDITIONAL WATER RIGHT.
(d) THE RULES SHALL DELEGATE ADMINISTRATION OF A BANK TO
THE W ATER CONSERVANCY DISTRICT OR WATER CONSERVATION DISTRICT
THAT SUBMITTED THE REQUEST FOR THI' BANK. SUCH DISTRICT SHALL BE
ENTITLED TO CHARGE A TRANSACTION FEE FOR DEPOSITS, WITHDRAWALS,
OR BOTH, SUFFICIENT TO COVER THE.BANK'S ADMINISTRATION COSTS.
NOTWITHSTANDING ANY RESTRICTION ON THE P0WEROF A WATER
CO'NSERVA:NCYJ DISTR1CT.~R A WATER. CONSERV ATIONDISTRICT TO ACT
OUTSIDE THE GEOGRAPHIC BOUNDAR$SOF 'SUCH DISTRICT, A DISTRICT
THAT HAsBEENDELEGATIID AUTHORlty'PUJ{SUANTTO nnSPARAGRAPH
(d) SHALLHA VE FULL AUTHORITY TOADMINISTERTHEBANK'SOPBaATIONS
PURSUANT l'OlllttS SBCTlON, INCWDINO ANyJPOWBRTO ACT OUTSIDE THE
GBOGRAPlttC'BOUNDARIES OF 'SUtlH! DISTRICT WHEN NECESSARY TO
ADMINISTER "rHEiBtl'NK.
(2) THE DEPOSIT OF CREDITS IN A BANK IS VOLUNTARY, AND
CREDITS MAY BE REMOVED BY THE OWNER AT ANY TIME PRIOR TO AN
ACTUAL TRANSACTION IN WHICH CONtROL OF A CREDIT IS TRANSFERRED,
SUBJECT TO THE TERMS AND CONDnjIONS OF THE DEPOSIT AGREEMENT

.
EXECUTED WITH THE OPERATOR OF TIiIE BANK.
(3) THE STATE ENOINEER SHALL SEEKA WAIVER OR CLARIFICATION
OF ANY FEDERAL LAWS, RULES, OR REGULATIONS THAT MAY IMPEDE THE
IMPLEMENTATION OF THE WATER BANK PROGRAM.
(lJ;) (a)JTHE;IUlPEAVC)'F'SBCTI'ON37~8M-1 04 SHALL NOT AFFECT

-6-

e

e

e

1318