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12/31/2019 11:07:01 AM
Arkansas River Water Bank (2CCR-402-12)
Document Type - Rulemaking
RULES GOVERNING THE ARKANSAS RIVER WATER BANK PILOT PROGRAM
Signifies Re-OCR Process Performed on or after 10/6/2019
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B. Any term used in these Water Bank Rules that is defined in sections 37-90-103 or 37-92-103, C.R.S. <br /> shall have the same meaning given therein. <br /> C. The terms "buyer" and "seller' are used generally in these rules and are intended to encompass <br /> lessors and lessees and any other type of party entering into a transaction through the water <br /> bank. <br /> D. Any term used in these Water Bank Rules not defined herein that is defined in other Rules and <br /> Regulations of the State Engineer shall have the same meaning given therein. <br /> Rule 12.4 Delegation of Administration of Water Bank. <br /> A. Pursuant to section 37-80.5-104.5(1)(d), the State Engineer delegates administration and operation of <br /> the Water Bank to the Upper Arkansas Water Conservancy District. Said District has full <br /> authority to administer the Water Bank's operations pursuant to section 37-80.5-104.5, including <br /> any power to act outside the geographic boundaries of the District when necessary to administer <br /> the Water Bank. <br /> B. As administrator and operator of the water bank, the District is authorized to charge a transaction fee <br /> for deposits, withdrawals, or both, sufficient to cover the Water Bank's administration costs. <br /> Rule 12.5 Limitations on the Water Bank. <br /> A. Leases, exchanges and loans of water through the Water Bank may only occur within Water Division <br /> 2 and cannot operate in a manner so as to increase water diverted from another water division as <br /> set forth in section 37-92-201, C.R.S. <br /> B. Nothing in these rules shall be construed to authorize any lease, exchange, option, or loan of water <br /> below John Martin Reservoir to points of diversion or storage above John Martin Reservoir <br /> without the approval of the Arkansas River Compact Administration. <br /> C. No transfer of water from the bank to instream flow uses as provided in section 37-92-102(3), C.R.S. <br /> is allowed except where such transfer, lease, loan, option, exchange or sale is to the Colorado <br /> Water Conservation Board. <br /> D. The water bank shall not be used to export water out of state. <br /> E. "Winter water" stored in Pueblo Reservoir shall only be bankable if deposited before August 1 <br /> following the winter storage program period during which such water was stored. <br /> F. Article II "winter stored water" can be used in the water bank. No Article II "summer stored water" <br /> can be used in the bank. <br /> G. Any deposit of water into the water bank and any leases, loans, options or exchanges through the <br /> water bank must comply with all state and/or federal: <br /> 1. statutory and regulatory requirements; <br /> 2. operating principles; and <br /> 3. contractual requirements governing the use of federally authorized projects in the Arkansas <br /> River basin to the extent such project facilities are utilized in banking operations. <br /> Operations of the water bank shall not in any way harm or compromise the Frying pan-Arkansas <br /> Project purposes as defined in the Frying pan-Arkansas Project Act. <br /> Code of Colorado Regulations 3 <br />
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