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DWR_4467099
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DWR_4467099
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Last modified
7/24/2025 3:45:41 AM
Creation date
7/9/2025 8:03:12 AM
Metadata
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Template:
Rulemaking
Rule Name
Agricultural Water Protection Water Rights Rules
Document Date
7/9/2025
Document Type - Rulemaking
Supporting Documents
Subject
CWCB Criteria and Guidelines 2017 Version
Year Initiated
2025
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An agricultural water protection program designed to assure compliance with the terms <br /> of subparagraph(III)of this paragraph (b). The program must be sponsored by an <br /> eligible entity through a formal action or ordinance and in compliance with minimum <br /> criteria and guidelines established by the Colorado Water Conservation Board pursuant <br /> to section 37-60-133. An eligible entity may enroll Agricultural Water Protection Water <br /> Rights onl�from a water right historically decreed within the entity's geographic <br /> boundary. " <br /> Emphasis added. Section 37-92-305(19)(c), C.R.S. defines an eligible entity as <br /> "an entity in Water Division 1 or 2 that: has geographic boundaries that are located <br /> entirely within the water division of the water right's historical place of use and are <br /> defined in an original or amended document governing the entity; and is a water <br /> conservation district, water conservancy district, irrigation district, ditch or reservoir <br /> company, nonprofit water provider, or a municipality." <br /> The scope of the Criteria and Guidelines is to outline the process for creating an AWPP as <br /> identified in section 37-92-305(19)(b)(IV)(B), C.R.S., and ensure AWPP compliance with <br /> section 37-92-305(19)(b)(III), C.R.S. These Criteria and Guidelines apply to Water Divisions 1 <br /> and 2. <br /> III. CRITERIA AND GUIDELINES <br /> A. Summary of Submittal Process <br /> In order to seek approval of an AWPP, a sponsoring eligible entity that meets the criteria of <br /> section 37-92-305(19)(c), C.R.S. must submit an AWPP proposal to the Board. The AWPPs <br /> exist solely to ensure that at least 50% of the historical consumptive use of participating <br /> AWPWRs remains in irrigation use on the property for which the absolute irrigation water was <br /> historically decreed, or another property served by the same ditch system. <br /> At a minimum, the entity's proposal shall include: <br /> 1. A general description of the entity and documentation of the entity's compliance with the <br /> eligibility requirements under section 37-92-305(19)(c), C.R.S. <br /> 2. A general description of the proposed AWPP <br /> 3. Documentation of the entity's formal action or ordinance to sponsor the proposed AWPP <br /> 4. Acknowledgement of intent to protect the partial continued agricultural use of each <br /> AWPWR sponsored by the program and compliance with these guidelines and all other <br /> applicable existing statutes and decrees. <br /> 5. The case number for any water right(s) currently proposed or decreed for an AWPWR <br /> that will rely on the proposed AWPP (if available), along with a legal description and <br /> map of the irrigated acreage that was historically irrigated by the water right(s) and of the <br /> acreage that will continue to be irrigated by the water right(s) (if available) <br /> 6. Legal description and map of the entity's geographic boundary <br /> Page 3 of 5 <br />
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