BOARD02303

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

years within a 10-yearperiod if the option is exercised by the water user
in accordance with the agreement, and the water user may divert the
agricultural water right subj ect to the priority system and approval by the
state engineer.
Authorizes the state engineer to approve the temporary operation
of interruptible water supply agreements. Requires applicants to pay a
fee established by the state engineer by rule. Gives interested parties an
opportunity to review and comment upon the application and to rue an
expedited appeal of the state engineer's decision to the applicable water
court. Requires the parties to the appeal to pay fees for the expedited
appeal.
Makes legislative findings.

I Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Part 3 of article 92 of title 37, Colorado Revised
3 Statutes, is amended BY THE ADDITION OF A NEW SECTION to
4 read:

5

6

37-92-309. Interruptible water supply agreements - special
review procedures - rules - legislative declaration. (I) THE GENERAL

7 ASSEMBLY HEREBY FINDS, DETERMINE~, AND DECLARES THAT THERE ARE
8 CERTAIN ClRCUMST ANCES UNDER WHICH ADMINISTRATIVE APPROVAL OF
9 THE USE OF INTERRUPTIBLE W ATER SuPPLY AGREEMENTS CAN MAXIMIZE
10 THE BENEFICIAL USE OF COLORADO WATER RESOURCES WITHOUT THE
11 NEED FOR AN ADJUDICATION AND WITHOUT INJURY TO VESTED WATER
12 RIGHTS OR DECREED CONDITIONAL WATER RIGHTS. THIS SECTION IS
13 INTENDED TO ENABLE WATER USERS TO TRANSFER THE HISTORICAL_
14 CONSUMPTIVE USE OF AN ABSOLUTE WATER RIGHT FOR APPLICATION TO
15 ANOTHER TYPE OR PLACE OF USE ON A TEMPORARY BASIS WITHOUT
16 PERMANENTLY CHANGING THE WATER: RIGHT.

17 (2) FOR PURPOSES OF THIS ~ECTION. "INTERRUPTIBLE WATER
18 SUPPLY AGREEMENT" MEANS AN OPTION AGREEMENT BETWEEN TWO OR

19

MORE WATER RIGHT OWNERS WHEREBY:

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