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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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H. The bank shall operate within the existing requirements of Colorado water law, including the Arkansas <br /> River Compact, the Colorado Ground Water Management Act, (see sections 37-90-101, et seq. <br /> C.R.S.), and the Water Rights Determination and Administration Act (see sections 37-92-101, et <br /> seq. , C.R.S.). However, upon approval by the State Engineer, adjudication of the temporary use <br /> of the water right is not required pursuant to sections 37-80.5-104(1)(a)(IV) and 104.5(1)(a)(III), <br /> C.R.S. <br /> I. Ground water shall not be deemed bankable water for the Water Bank. <br /> J. Leases, loans, options or exchanges of water may be for more than one year, subject to (1) <br /> appropriate terms and conditions to facilitate annual operation and administration by the State <br /> Engineer, and (2) available storage space and water supply, which may vary from year to year. <br /> No lease, loan, option or exchange can extend beyond date limitations set forth in any enabling <br /> legislation for the Water Bank. <br /> Rule 12.6 Procedures for Placing Water into the Water Bank. <br /> A. To apply to deposit water into the water bank, a prospective depositor must pay any transaction fees <br /> required by the water bank and must provide the following information to the water bank operator: <br /> 1. Written agreement that the owner or operator of any non-federal reservoirs from which the <br /> water will be released for use in the Water Bank has approved such use of the water and <br /> will properly account for the water in the reservoir, and cooperate in regulating its <br /> delivery. <br /> 2. When the transaction of water in the water bank requires the use of federal facilities other than <br /> John Martin Reservoir, the water bank operator or one or both of the parties will be <br /> required to have a storage and/or exchange contract with the United States. <br /> 3. Proof of ownership, lease or contract that includes the right to use and control the disposition <br /> of the water. <br /> 4. The amount of legally stored water that will be deposited into the water bank. <br /> 5. A description of the point of diversion, place of storage and historic place of use of the water. <br /> Sufficient descriptions may include maps, legal descriptions, and/or aerial photographs. <br /> 6. If the subject water historically has been used for irrigation, a description of the proposed use <br /> of the historically irrigated land, including proposed sources of irrigation water and <br /> methods of irrigating the land, if any. Such description must establish that no expansion <br /> of water use shall result from the deposit of the subject water into the bank. <br /> 7. Unless utilizing the factors provided in Rule 10 herein, an estimate of the available historic <br /> consumptive use and return flows, and documentation of how that estimate was derived, <br /> prepared by a registered professional engineer with a minimum of five years of <br /> experience in the field of water resources engineering. <br /> 8. Anticipated terms that may apply to the lease, loan, option or exchange of the water, including, <br /> but not limited to: <br /> a. Applicable time frames, parameters and/or limitations for and on use of the water. <br /> b. The minimum price the depositor will accept for the water. <br /> c. The amount of stored water the depositor is willing to lease, loan, option or exchange. <br /> Code of Colorado Regulations 4 <br />
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