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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. No factors are proposed for use in connection with waters associated with the Colorado Canal <br /> Reservoirs (Lake Henry or Lake Meredith), for which quantification procedures have been <br /> established by decrees of the Water Court. Banked water derived from any of these Reservoirs <br /> shall be quantified in terms of"net loss water" as that term is used in Case Nos. 84CW62-64, <br /> Water Division 2. <br /> D. For water other than those systems listed in paragraphs A, B, or C above, a historic consumptive use <br /> analysis must be submitted to the State and/or Division Engineer(s) for consideration. The State <br /> and/or Division Engineer shall review and apply the following criteria in considering the historic <br /> consumptive use analysis: (1) historic diversion/storage records (1970-present) analysis; (2) <br /> applicable decrees; (3) crop evapotranspiration and irrigation water requirements; (4) descriptive <br /> maps and diagrams; and (5) additional information and/or analysis deemed necessary by the <br /> Division Engineer. <br /> E. The State and Division Engineers shall apply the factors/procedures described in paragraphs A, B, C, <br /> or D above in approving and developing terms and conditions for proposed leases, loans, options <br /> and exchanges of water as set forth in Rule 12.8 in the following manner: <br /> 1. Only that portion of each unit of deposited water determined to be consumable shall be <br /> deliverable less any amounts deducted by the Division Engineer for evaporation and <br /> transit loss. <br /> 2. That portion of each unit of deposited water determined as transit loss that historically would <br /> have occurred in the delivery of water to the ditch headgate, shall be released from the <br /> reservoir at the time that other waters of the same type (i.e. winter water stored by a <br /> particular ditch company, for a particular year) as that deposited in the water bank are <br /> released, except as provided for in Rule 12.10.E.4 and 12.10.E.5. <br /> 3. That portion identifiable as canal and lateral loss is to be dedicated to use of other water users <br /> within the ditch service area and shall be released from the reservoir at the time that <br /> other waters of the same type as that deposited in the water bank are released, except <br /> as provided for in Rule 12.10.E.4 and 12.10.E.5. <br /> 4. In the event that all of the waters of a given type have been deposited in the water bank, then <br /> the timing of release of the transit loss and canal/lateral loss components of the <br /> deposited water shall be the same as that determined for the tail-water and deep <br /> percolation components in Rule 12.10.E.5. <br /> 5. The remaining tail-water and deep percolation components shall be released to the river by <br /> the Division Engineer to maintain historic return flow patterns. These releases shall <br /> reflect the return flow response resulting from historic patterns of use and shall be <br /> implemented starting at the time of completion of the transaction and continuing for a <br /> twelve (12) month period. <br /> Rule 12.11 Procedures for Delivering Water from Storage Facilities. <br /> A. The user of banked water must notify the Division Engineer at least 24 hours prior to a request for <br /> delivery of water from the bank. Such notification must include the account number, date, time <br /> and location of release. The Division Engineer will administer the delivery of water per the terms <br /> and conditions of approval for the account and the agreement being implemented. <br /> B. In cooperation with the State and Division Engineers, the water bank shall develop credit and debit <br /> accounting for each reservoir used to store banked water. <br /> Code of Colorado Regulations 9 <br />
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