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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />10';3 <br /> <br />DRAFT <br /> <br />the provisions of section 8 shall not be utilized so as to increase diversion of non-project water <br /> <br />from the natural basins of the Colorado or Arkansas Rivers within Colorado into another river <br /> <br />basin for delivery or storage unless: <br /> <br />(a) The diversion is the subject ofa decree entered prior to the effective date of this Act <br /> <br />for which no new infrastructure is necessary to divert the water out of the natural basin; or <br /> <br />(b) The diversion is the subject of an existing agreement, contemplating additional <br /> <br />diversions diverted through or stored in the facilities authorized by this Act, between the <br /> <br />beneficiary of such transbasin diversion and either the water conservation district, as defined <br /> <br />under Colorado law, from within whose boundaries the waters are proposed for diversion or, in <br /> <br />the absence thereof, a water conservancy district, as defined under Colorado law, that is a project <br /> <br />contractor and from within whose boundaries the waters are proposed for diversion; or <br /> <br />(c) The diversion is the subject ofa future intergovernmental agreement or other <br /> <br />contractual arrangement between the beneficiary of such transbasin diversion and either the water <br /> <br />conservation district, as defined under Colorado law, from within whose boundaries the waters <br /> <br />are proposed for diversion or, in the absence thereof, a water conservancy district, as defined <br /> <br />under Colorado law, that is a project contractor and from within whose boundaries the waters are <br /> <br />proposed for diversion; or <br /> <br />(d) The beneficiary of such transbasin diversion provides compensatory storage or <br /> <br />altemate water supply in an amount equal to the quantity diverted out of the basin for the benefit <br /> <br />of either the water conservation district, as defined under Colorado law, from within whose <br /> <br />boundaries the waters are proposed for diversion or, in the absence thereof, a water conservancy <br /> <br />BURECOP I <br />