BOARD02303

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

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e 1 STATE ENGINEER TO DETERMINE THAT SUCH LOAN DOES NOT INJURE
2 EXISTING DECREED WATER RIGHTS.
3 (II) CONSISTENT WITIl CURRENT LAW, ONLY THE COLORADO
4 WATER CONSERVATION BOARD IS ENTITLED TO HOLD INSTREAM FLOW
5 W ATERRIGHTS AND MAY ACCEPT PROPOSED LOANS IN ACCORDANCE WITH
6 SECTION 37-92-102 (3).
7 (III) THE LOAN SHALL NOT BE ACCEPTED UNLESS THE STATE
8 ENGINEER DETERMINES THAT THE COLORADO WATER CONSERVATION
9 BOARD'S TEMPORARY INSTREAM FLOW USE WILL NOT INJURE EXISTING
10 WATER RIGHTS OF OTHERS.
11 (b) IN DETERMINING WHETHER OR NOT INJURY WILL OCCUR, THE
12 DIVISION ENGINEER SHALL ENSURE THE FOLLOWING CONDITIONS ARE MET:
13 (I) THE PROPONENT HAS PILED A REQUEST FOR APPROVAL OF THE
e 14 LOAN WITH THE DIVISION ENGINEER, TOGETHER WITH A FILING FEE IN THE
15 AMOUNT OF ONE HUNDRED DOLI-ARS. MONEYS FROM THE FEE SHALL BE
16 TRANSMITTED TO THE STATE TREASURER AND DEPOSITED IN THE GROUND
17 WATERMANAGEMENTCASHFUND. CREATEDINSECTION37-80-111.5. THE
18 REQUEST FOR APPROVAL SHALL INCLUDE:
19 (A) EVIDENCE OF THE PROPONENT'S LEGAL RIGHT TO USE THE
20 LOANED WATER RIGHT;
21 (B) A STATEMENT OF THE DURATlONOF THE PROPOSED LOAN;
22 (C) A DESCRIPTION OF THE ORIGINAL POINTS OF DIVERSION, THE
23 RETURN FLOW PATTERN, THE STREAM REACH, AND THE TIME, PLACE, AND
24 TYPES OF USE OF THE LOANED WATER RIGHT;
25 (0) A DESCRIPTION OF THE NEW PROPOSED POINTS OF DIVERSION,
26 THE RETURN FLOWP ATTERN, THE STREAM REACH, AND THE TIME, PLACE,
27 AND TYPES OF USE OF THE LOANED WATER RIGHT; AND
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