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9. Contact information, including name, address, phone number and email address (if available). <br /> 10. The information set forth in 6(A)1 through 9 above is also required to proceed under the <br /> expedited procedures set forth in Rule 9. <br /> 11. Any other relevant information requested by the water bank. <br /> B. Based upon its review of the above information, the water bank, in consultation with the Division <br /> Engineer, shall determine whether the stored water is eligible for deposit in the bank. If the water <br /> bank determines that the water is not eligible, it shall notify the prospective depositor to address <br /> any impediments to the water's eligibility. <br /> C. A"suggested minimum asking price" shall be determined by the Water Bank Operator based on <br /> relevant sales or leases of water within the basin. The "suggested minimum asking price" shall <br /> be included by the water bank operator as a term and condition of eligibility. <br /> D. Upon determination that a prospective depositor's stored water is eligible for deposit into the water <br /> bank, the water bank and the depositor shall negotiate and enter into a deposit agreement. The <br /> terms of the deposit agreement shall include, but not be limited to: <br /> 1. Authorization of the water bank by the depositor to advertise and market the water placed into <br /> the deposit account. <br /> 2. The depositor's agreement that the water bank shall have the exclusive right to market, lease, <br /> loan, option or exchange the deposited water on behalf of the depositor for the term of <br /> the deposit agreement, and that the depositor shall not independently market, lease, <br /> loan, option or exchange the deposited water during the time that the deposit agreement <br /> is in effect. <br /> 3. A provision that the depositor may remove the deposited water from the water bank for the <br /> depositor's own use or for permanent sale by the depositor at any time prior to an actual <br /> water bank transaction in which control of all or a portion of the deposited water is <br /> transferred pursuant to terms of the deposit agreement. Such removal may be subject to <br /> early withdrawal penalties. <br /> 4. A provision addressing procedures to be followed upon a breach of the deposit agreement by <br /> either party. The terms of the deposit agreement may include early withdrawal penalties. <br /> 5. Any other terms not listed herein deemed necessary by the water bank operator and the <br /> depositor to facilitate water bank transactions pursuant to Article 80.5, Title 37, C.R.S. <br /> and these rules. <br /> Rule 12.7 Listing and Bidding Process. <br /> A. Upon finalization of the deposit agreement, the water bank shall list the availability of the water on the <br /> water bank's web site. Listings of availability shall also be available at any State or Division <br /> Engineer field office locations. <br /> B. The listing shall include, at a minimum, the amount of water available, the stored location of the water, <br /> the source of water, the minimum acceptable price and the historic type of use. <br /> C. If the minimum acceptable price is not offered, the seller may withdraw the water from the bank or <br /> leave the water in the bank for the bank to market. <br /> Code of Colorado Regulations 5 <br />