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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
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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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C. Standard of Denial and Suspension for proposed Agricultural Water Protection <br /> Programs <br /> The Board may reject any proposal that does not assure sufficient protection or monitoring of an <br /> AWPWR, including if the AWPP is not supported by an eligible entity as defined in section 37- <br /> 92-305(19)(c), C.R.S. or if the proposed AWPP does not ensure that at least 50% of the historical <br /> consumptive use by volume of an AWPWR that is not being leased, loaned or traded, continues <br /> to be used for agricultural purposes for the duration of the lease, loan or trade. The Board may <br /> suspend an AWPP that has been approved in the event the AWPP does not assure sufficient <br /> protection or monitoring of an AWPWR, including if the AWPP is not supported by an eligible <br /> entity or to the extent such program fails to ensure that an AWPWR continues to be used for <br /> agricultural purposes in at least equal proportion with that amount of water being leased, loaned <br /> or traded. If an AWPP is suspended, Board Staff will notify DWR regarding the operation of <br /> any related SWSPs. <br /> D. Monitoring of Agricultural Water Protection Water Rights Under an Agricultural <br /> Water Protection Program <br /> The eligible entity supporting the AWPP shall provide reasonable evidence that each included <br /> AWPWR continues to divert water and irrigate historically irrigated lands to the extent required <br /> with legally and physically available water by sending an annual report,by December 31 of each <br /> year, to Board staff, consistent with the approved AWPP. Such evidence detailed in the annual <br /> report may consist of: the nature of inspections, responsible personnel, inspection forms, <br /> affidavits of continued irrigation, time of year, diversion records or accounting, and photo <br /> documentation. <br /> Board staff shall review all annual reports and give an annual summary report to the Board. <br /> Board staff shall keep records of irrigation under the AWPP as long as the program is in <br /> existence. In the event that an AWPP does not have any AWPWR operations in any given year, <br /> the entity shall send a letter to Board staff indicating there were no operations in lieu of an <br /> annual report. <br /> An AWPP may cover a geographic area that encompasses entities (e.g. ditch and reservoir <br /> companies) that preclude or could potentially preclude involvement in such a program (per <br /> bylaws, operational issues, etc.). <br /> Page 5 of 5 <br />
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