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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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compensated, the water bank will notify the Division Engineer of the completion of the <br /> transaction. <br /> F. A seller of deposited water shall comply with all state and local laws and regulations regarding land <br /> use and vegetation (i.e. weed control). <br /> Rule 12.9 Expedited Transaction Procedures for Certain Water Rights. <br /> A. The expedited transaction procedures set forth in this rule shall apply to water rights that have been <br /> decreed by a court of competent jurisdiction that the water available under such water rig hts, or <br /> portions thereof, are fully consumable or reusable. Prior to utilizing these expedited transaction <br /> procedures, proof of such determination by the courts must be provided to the State and Division <br /> Engineers and the water bank operator. Upon the State and Division Engineers acceptance of <br /> such proof, the transaction may proceed under the process set forth under Rule 12.9, B-E below, <br /> subject to compliance with the information requirement provisions set forth in Rule 12.6(A). <br /> B. After the water bank operator negotiates a lease or option agreement between the seller and buyer of <br /> the deposited water, the water bank operator will provide the State and Division Engineer with a <br /> signed agreement describing the transaction, including but not limited to the amount of water, the <br /> place of use, and the proposed time of use. (If needed, the bank will provide a standard <br /> agreement form). If the proposed lease/option shall require delivery of water into a different <br /> distribution system, the seller or buyer shall provide written consent of the owner or operator of <br /> the receiving facility or system, including any terms or conditions related to the use of such facility <br /> or system. The lease or option agreement also shall include a provision addressing procedures <br /> to be followed upon a breach of the agreement by either party. <br /> C. Within two (2) business days of sending the lease or option agreement to the State and Division <br /> Engineers, the water bank operator shall provide written notice of the proposed transaction by <br /> first class mail or electronic mail to all persons who have subscribed to the Water Bank <br /> Notification List, and shall provide proof of such notice to the State and Division Engineers. The <br /> notice shall include the names and addresses of the parties to the transaction, a description of <br /> the water right involved, and a description of the proposed transaction, including but not limited to <br /> the amount of water, the historic place of use, the proposed new place of use,the proposed time <br /> of use, and the proposed type of use. The water bank also shall post the notice on its website. <br /> D. Within seven (7) business days after providing notice as described in Rule 12.9.C, the State and <br /> Division Engineers will provide the seller and buyer with terms and conditions necessary for <br /> implementing the agreement. The terms and conditions shall include any necessary and/or <br /> desirable limitations upon the time, place or type of use of the water made available through the <br /> water bank, or other terms and conditions as deemed necessary to prevent injury to vested water <br /> rights. <br /> E. Upon acceptance by the buyer and seller of the State and Division Engineers'terms and conditions, <br /> the water bank operator may finalize the agreement between the seller and buyer. Once the <br /> agreement is finalized and all parties, including the water bank, have been properly <br /> compensated, the water bank operator will notify the Division Engineer of the completion of the <br /> transaction. <br /> Rule 12.10 Quantification Procedures for Water to be Released from the Bank. <br /> A. Acceptable Factors. Table A of these rules sets forth acceptable values for stored water deposited in <br /> the water bank that was historically applied to lands within a ditch service area as "winter water," <br /> Article II water, and/or releases of water pursuant to appropriative storage rights from vessels <br /> outside of the ditch service area. These factors are applicable to gross quantities of stored water. <br /> Code of Colorado Regulations 7 <br />
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