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<br />1'0'1 i\ <br /> <br />8.3 Water Bank Operatim! Principles <br /> <br />'~ <br /> <br />The primary purpose of the water bank is to manage FLCC water for increased benefits to all <br />shareholders. Guiding principles are needed to assure that all interests are protected, The water <br />bank should assure all concerned that: ; <br /> <br />. It will acquire water fairly. <br />. It will rent water fairly. <br />. It will protect FLCC shareholders from injury. <br />. It will protect other water users on the river from injury. <br />. It will protect the natural environment from serious effects. <br />. It wi\l not violate the provisions of th~ Arkansas River Compact. <br />. It will be self-financing over the long ~un. <br />. It will remain viable during unusual wet or dry year. <br /> <br />Legal Basis <br /> <br />Colorado law permits water banking. A water bank can operate on a temporary basis as authorized <br />by a substitute supply plan or can be permanently Qecreed. Operation on either basis requires <br />thorough engineering in advance and assurance that operation will not violate the provisions of the <br />Arkansas River Compllct. ' <br /> <br />A. Temporary substitute supply plans <br /> <br />Temporary substitute supply plans are authorized by C.R.S. 37-80-120 and 37.83-105. The <br />State Engineer must be satisfied that operation under the plan will not cause injury to other <br />water users and will comply with applicable laws. The usual practice of the State Engineer <br />is to require that water court approval be ob~ained within a reasonable time. <br /> <br />A temporary substitute supply plan can provid~ an opportunity for temporary operatiOnS and <br />a "testing" period to fine tune the water bank. Such a testing period, in conjunction with <br />comprehensive engineering analysis, may allay fears of other water users about potential <br />injury resulting from water bank operations. Owners of other rested water rights have <br />recourse through the Office of the State Engineer <br /> <br />B. Permanent decrees <br /> <br />A water bank will involve changes in the w*er rights used as part of the bank. In this <br />instance, changes in type of use, changes ini place of use, changes in place of diversion, <br />exchanges, and new rights to storage may be needed. To obtain permanent authorization to <br />operate the bank, a decree from the water court is required. <br /> <br />The water court decree is obtained by making application to the water court. Interested <br />parties may file objections. Then negoti~tions and/or litigation will determine what <br />conditions are necessary to prevent injury to o~her water users, and to assure compliance with <br />relevant laws, including the Arkansas Riveri Compact. Proof of non-injury will require <br />comprehensive engineering analysis to assur~ that historic return flows are not depleted. <br /> <br />8-4 <br />