BOARD02303

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

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(a) THE LOANING W ATERRIGHTOWNERAGREES THAT. DURING THE

TERM OF SUCH AGREEMENT. IT WILL STOP ITS USE OF THE LOANED WATER

RIGHT FOR A SPECIFIED LENGTH OF TIME IF THE OPTION IS EXERCISED BY

THE BORROWING WATER RIGHT OWNER IN ACCORDANCE WITH THE

AGREEMENT: AND

!b) THE BORROWING WATER RIGHT OWNER MAY DIVERT THE

LOANED WATER RIGHT FOR SUCH OWNER'S PURPOSES. SUBJECT TO THE

PRIORITY SYSTEM AND SUBJECT TO TEMPORARY APPROVAL BY THE STATE

ENGINEER IN ACCORDANCE WITH THIS SECTION.

(3) THE STATE ENGINEER IS AUTHORIZED TO APPROVE AND

ADMINISTER INTERRUPTIBLE WATER SUPPLY AGREEMENTS THAT PERMIT A

TEMPORARY CHANGE IN THE POINT OF DIVERSION, LOCATION OF USE, AND

TYPE OF USE OF AN ABSOLUTE = WATER RIGHT _ _ WITHOUT THE NEED FOR

AN ADJUDICATION PURSUANT TO THIS ARTICLE, SUBJECT TO THE

FOLLOWING:

(a) THE APPLICANT FOR APPROVAL OF AN INTERRUPTIBLE WATER

SUPPLY AGREEMENT SHALL PROVIDE WRITTENNOTICEOFTHEAPPLICATION

BY FIRST-CLASS MAIL OR ELECTRONIC MAIL TO ALL PARTIES WHO HAVE

SUBSCRIBED TO THE SUBSTITUTE WATER SUPPLY PLAN NOTIFICATION LIST,

AS DESCRIBED IN SECTION 37-92-308 (6), FOR THE DIVISION OR DIVISIONS

IN WHICH THE WATER RIGHT IS LOCATED AND IN WHICH IT WILL BE USED,

AND PROOF OF SUCH NOTICE SHALL BE FILED WITH THE STATE ENGINEER.

THE APPLICATION SHALL BE ACCOMPANIED BY A DETAILED WRITTEN

REPORT, PREPARED BY A PROFESSIONAL ENGINEER OR OTHER

PROFESSIONAL ACCEPTABLE TO THE STATE ENGINEER, THAT EVALUATES

THE HISTORICAL CONSUMPTIVE USE, RETURN FLOWS, AND THE POTENTIAL

FOR MATERIAL INJURY TO OTHER WATER RIGHTS RELATING TO THE

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