WSP05397

• File Number: 8054.100
• Description: Water Salvage - Water Salvage Study - HB 91-1154
• State: CO
• Basin: Statewide
• Date: 1/22/1992
• Author: CWCB
• Title: An Analysis of Water salvage Issues in Colorado - Final and Various Drafts
• Water Supply Pro - Doc Type: Report/Study

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37-82-107. Conserved aqricultural water. The owner of

2 an absolute agricultural water right who employs methods to

3 use water from that water right more efficiently than it was

4 utilized prior to the effective date of this section shall be

5 entitled to utilize, sell, lease, exchange, or make available

6 for augmentation or substitute supply, for any beneficial use,

7 that amount of conserved water which is the quantitative

8 difference between the historic consumptive use of the right

9 and his lesser consumptive use, so long as a change of water

10 right decree is obtained pursuant to law before any change in
11 use of the conserved water is made. The change of water right
12 decree sha11 insure that such change wi11 not injuriaus1y

.13 affect the owner of, or persons entitled to use, water under a

14

vested water right or a decreed conditiona1 water right.

In

15 calcu1ating the measure of conserved water for purposes of the

.16 change of water right decree, no amount of water sha11 be
17 included which historica1ly constituted waste, after taking
18 into account and giving effect to the then prevailing and

19 accepted methods and norms for the agricultural water use.

20 This section sha11 not be construed to a110w the use, sale,

21 1ease, exchange, or use for augmentation or substitute supp1y

22 of any water of a ditch or reservoir company in derogation of

23

the artic1es of incorporation,

by1aws,

or contractual

24 arrangements of the ditch or reservoir company.

25

SECTION 2. Safety clause. The general assembly hereby

2S

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