BOARD02303

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

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INTERRUPTIBLE WATER SUPPLY AGREEMENT AND THAT PROPOSES

2 CONDmONS TO PREVENT SUCH INJURY. THE STATE ENGINEER SHALL GIVE
3 THE OWNERS OF WATER RIGHTS THIRTY DAYS AFTER THE DATE OF MAILING
4 OF SUCH NOTICE TO FILE COMMENTS ON THE OPERATION OF THE
5 INTERRUPTIBLE WATER SUPPLY AGREEMENT. SUCH COMMENTS SHALL
6 INCLUDE ANY CLAIM OF INJURY OR ANY TERMS AND CONDmONS THAT
7 SHOULD BE IMPOSED UPON THE AGREEMENT SOTHAT IT WILL NOT CAUSE

8 INJURY TO A PARTY'S WATER RIGHTS OR DECREED CONDITIONAL WATER
9 RIGHTS. IF SUCH CONDmONAL RIGHTS WILL BE EXERCISED DURING
10 OPERATION OF THE INTERRUPTIBLE W A'ryR SUPPLY AGREEMENT. AND ANY
11 OTllER INFORMATION THE PARTY WISHES THE STATE ENGINEER TO
12 CONSIDER IN REVIEWING THE APPLlCA'I'ION.

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(b) THE STATE ENGINEER, AFTER CONSIDERATION OF THE
COMMENTS FROM ANY PARTY SUBMI'I'I'lNG COMMENTS, SHALL MAKE A
DETERMINATION OF THE OPERATION AND ADMINISTRATION OF THE
INTERRUPTIBLE WATER SUPPLY AGREEMENT TO ASSURE THAT SUCH
OPERATION AND ADMINISTRATION WILL EFFECT ONLY A TEMPORARY
CHANGE IN THE HISTORICAL CONSUMPTIVE USE OF THE WATER RIGHT
; = =:II

IN A MANNER THAT WILL NtlTCAUSIHNJURY TO OTHER WATER RIGHTS AND
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DECREED CONDmONAL WATER RIGHJS. IF SUCH CONDITIONAL RIGHTS
WILL BE EXERCISED DURING OPERATI9N OF THE INTERRUPTIBLE WATER
SUPPLY AGREEMENT. AND WILL NOT IMPAIR COMPLIANCE WITH ANY
INTERSTATE COMPACT. THE INTERRuPTIBLE W ATER SUPPLY AGREEMENT
SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, AQUANTIFICATION OF THE
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BlSTORICAL CONSUMPTIVE USE OF T~ = WATER RIGHT, AN ACCURATE
DESCRIPTION OF THE . LAND WHERE TIW WATER IS DECREED FOR USE. AND.
IF THE LOANED WATER RIGHT IS BEING USED FOR IRRIGATION. A PLAN TO

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