Laserfiche WebLink
("HCU") and a determination of return flow obligations resulting from the change, among <br /> other things. This law does not require that the decree for the change identify a type and <br /> place of use for a new use. After the change is decreed, the owner of the Agricultural Water <br /> Protection Water Right may lease, loan, or trade up to 50 percent of the HCU that was <br /> changed to another water user for a new use. The State Engineer must approve that new use <br /> through a substitute water supply plan ("SWSP") pursuant to section 37-92-308(12), C.R.S. <br /> This law applies only in Water Divisions 1 and 2. <br /> This law allows the owner of an irrigation water right to quantify the HCU, determine return <br /> flow obligations, and identify other provisions necessary to prevent injury without having to <br /> identify the place or type use that would result from the lease, loan, or trade of the water <br /> right. When the owner of the Agricultural Water Protection Water Right becomes aware of <br /> the need or opportunity to lease, loan, or trade the water for a new use, that transition can <br /> occur more quickly, because the necessary engineering quantifications and legal <br /> determinations have been made. <br /> An important provision in the law requires that a portion of the water right that is not part of <br /> the lease, loan, or trade remain in agricultural use. The owner of the water right must <br /> participate in a conservation program or an Agricultural Water Protection Program that is <br /> developed for the purpose of ensuring compliance with the applicable law. The law requires <br /> that the CWCB develop Criteria and Guidelines for the development of an Agricultural Water <br /> Protection Program. The law further requires that the State Engineer promulgate Rules to <br /> govern the review of an SWSP pursuant to section 37-92-308(12). <br /> To develop the initial drafts of the Criteria and Guidelines and the Rules, the CWCB and State <br /> Engineer met with parties that had an active role in crafting House Bill 16-1228 in 2016. <br /> These informal meetings resulted in the documents listed below that will be considered as <br /> part of the public meeting process with stakeholders. The CWCB's development of Criteria <br /> and Guidelines requires that the CWCB hold at least one public meeting in Water Divisions 1 <br /> and 2 to present the draft Criteria and Guidelines and receive public comments. If you plan <br /> to attend a public meeting, please review the draft Criteria and Guidelines and draft Rules in <br /> advance. The State Engineer and the CWCB will take comments during the meeting and invite <br /> additional comments after the meeting. Comments may be provided through the AskDWR tool <br /> on our website or must be received via mail by May 5, 2017. The mailing address for <br /> comments is 1313 Sherman Street, Room 818, Denver, CO 80203 Attn: Tracy Kosloff. <br /> Draft Criteria and Guidelines <br /> Draft Rules <br /> Public Meeting Schedule: <br /> • Monday, April 3, 3 p.m. - 6 p.m., Island Grove Regional Park, Events Center Conference <br /> Room A, 501 N 14th Ave, Greeley, CO 80631, <br /> • Tuesday, April 4, 3 p.m. - 6 p.m., Otero Junior College Student Center Banquet Room, <br /> 1802 Colorado Ave, La Junta, CO 81050, <br /> • Wednesday, April 5, 3 p.m. - 6 p.m., Sterling Public Library Community Room, 420 N <br /> 5th St, Sterling, CO 80751, <br /> • Thursday, April 6, 3 p.m. - 6 p.m., Upper Arkansas Water Conservancy District Board <br />