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<br />,.,'., <br /> <br />{, QC:'lC9 <br /> <br />I', ' <br />',' <br />I~tl: <br />'t'.': <br />i" <br />f <br /> <br />tne governing board of such a district challenges in court the proposed transfer <br />at all times, never stipulating to any such decree of e%tra district transfer and <br />never dropping out of tne proceedings. <br /> <br />( <br /> <br />!" <br /> <br />Any final conditional decree subject to the election requirement of this <br />measure and not approved by the voters vould be contingent, so that no transfer <br />of vater may occur pursuant to the decree until voter approval is obtained. <br /> <br />l, <br /> <br />iater conservancy and vater conservation districts in this measure include <br />all political subdivisions of the state referred to in lavas such prior to the <br />effective date of the measure and to any governmental units vith substantially <br />similar statutory purpose and function vhich !Day be created in the future. <br /> <br />The measure vould have a direct fiscal impact on any vater conservation <br />district or vater conservancy district that had to pay for required elections. <br />The amount vould depend on the number of elections actually required and cannot <br />be know at this time. Districts might also incur more legal fees in challenging <br />additional vater transfe,rs. ' <br /> <br />In addition, since the' vater rights subject to voter approval can be <br />considered 'property rights', districts may have to compensate vater right ovners' <br />vho sue based on the diminisned value of the rignt if a transfer is not approved' <br />by the voters. <br /> <br />The e%act dollar amount of these impacts in unknow but may be significant. <br /> <br />In addition, vhile the fiscal impact of this measure on local governments <br />is not subject to precise calculation, it may have a significant fiscal ilDpact <br />if it has the effect of increasing the price of agricultural and manufacturing <br />vater rights. <br /> <br />Agricultural vater rights are estimated to constitute betveen 80 and 90% <br />of total appropriated vater rights in Colorado. During periods of drougnt a <br />higher preference category of vater rignt can 'call' water that would othervise <br />be available for use by a right vith lover preference. Because agricultural "ater <br />rights vould no longer be subject to 'call' for domestic purposes, local <br />governments supplying vater to domestic users may nave to lease rignts to <br />agricultural vater in times of diminished domestic supplies. This demand could <br />increase the value of agricultural vater and the costs for local governments to," <br />access such supplies. <br /> <br />Domestic users "ould continue to have the option of 'calling' the 3% of <br />vatllr which is used for manufacturing purposes.. If the market demands <br />proportionately more of this minor sector of vater supplies, the value of <br />manufacturing vater rights may also increase substantially and affect the cOStS <br />of local governments supplying water to domestic users according. <br /> <br />3/16/94 Rehearing <br />Adjourned 5,10 p.... <br /> <br />l <br />