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DWR_3552743
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DWR_3552743
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Last modified
12/28/2020 4:22:55 AM
Creation date
12/31/2019 11:07:01 AM
Metadata
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Template:
Rulemaking
Rule Name
Arkansas River Water Bank (2CCR-402-12)
Document Type - Rulemaking
Final Actions
Subject
RULES GOVERNING THE ARKANSAS RIVER WATER BANK PILOT PROGRAM
Date Effective
1/30/2007
Tags
DWR Re-OCR
Description:
Signifies Re-OCR Process Performed on or after 10/6/2019
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C. The State Engineer will determine all transit losses pursuant to sections 37-87-102(4) and 37-83-104, <br /> C.R.S. <br /> D. The State Engineer shall determine all evaporative losses pursuant to section 37-87-102(4), C.R.S. <br /> E. Exchange operations necessary for the delivery of water made available through the water bank shall <br /> be evaluated and approved in accordance with 37-83-104, C.R.S. <br /> Rule 12.12 Reporting Requirements. <br /> The bank, in cooperation with the State and/or Division Engineers, will publish monthly summaries of the <br /> bank's transactions on the water bank's and Colorado Division of Water Resource's web sites. Paper <br /> copies of such summaries will also be made available to the public at the State Engineer's Office main <br /> office in Denver as well as the Water Division 2 Field Office in Pueblo. <br /> Rule 12.13 Water Bank Time Limitation. <br /> A. These rules effectuate the laws set forth in Article 80.5 of Title 37, C.R.S. Pursuant to section 37- <br /> 80.5-107, these rules are repealed automatically on July 1, 2007. Any water left in the bank at <br /> that time shall immediately revert back to the owner of record. <br /> B. If, after reviewing the State Engineer's report on the effectiveness of the Arkansas River Water Bank, <br /> the legislature extends the water banking program for three (3) years or more, or authorizes a <br /> permanent water bank, the State Engineer shall review and revise these Rules to address issues <br /> related to the continued operation of the water bank. If the legislature extends the water banking <br /> program for less than three (3) years, the State Engineer may review and revise these Rules as <br /> necessary to address issues related to the continued operation of the water bank. <br /> Rule 12.14 If any part of these rules is found to be invalid by a court of law,the remaining rules <br /> shall remain in full force and effect. <br /> Rule 12.15 Effective Dates. <br /> These rules shall take effect on November 17, 2006 and shall remain in effect until the latter of either <br /> June 30, 2007 or the date specified for repeal of rules promulgated pursuant to article 80.5, title 37 of the <br /> Colorado Revised Statutes. <br /> IT IS FURTHER ORDERED that any person wishing to protest these rules may do so in the manner <br /> provided in sections 24-4-101 et seq., C.R.S., (the State Administrative Procedure Act); however, any <br /> protest of these Rules must be filed with the Water Court for Water Division No. 2 in Pueblo, Colorado. <br /> Editor's Notes <br /> History <br /> Code of Colorado Regulations 10 <br />
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