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Colorado Revised Statutes Title 37. Water and Irrigation § 37-80-123. Lease, loan, or trade of agricultural water protection water right--rules--definition

Current as of January 01, 2025 | Updated by Findlaw Staff

(1)(a) As soon as practicable, the state engineer shall initiate the promulgation of rules governing the review of a substitute water supply plan pursuant to section 37-92-308(12). In promulgating the rules, the state engineer shall follow the state engineer's own rule-making procedures.

(b) The rules must include:

(I) Terms and conditions that the state engineer may impose through an approved substitute water supply plan pursuant to section 37-92-308(12);

(II) Criteria that the state engineer should consider in reviewing a substitute water supply plan application filed pursuant to section 37-92-308(12);

(III) Criteria to ensure that substitute water supply plans approved pursuant to section 37-92-308(12) do not facilitate the diversion of water between water divisions by direct diversion, exchange, replacement, or other means;

(IV) Procedures by which the state engineer may reconsider a decision; and

(V) Procedures for creating a database that tracks and inventories substitute water supply plans approved under section 37-92-308(12) and for making the following information from the database accessible to the public:

(A) The amount of water subject to each approved plan;

(B) The location of use of water under each approved plan; and

(C) The decreed beneficial use of water leased, loaned, or traded in connection with each approved plan.

(c) The water judge for water division 1 shall review the rules promulgated under this section in accordance with the procedures set forth in section 37-92-501(2)(g), (3)(a), and (3)(b).

(2) As used in this section, “agricultural water protection water right” has the same meaning as in section 37-92-305(19)(a).

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Cite this article: FindLaw.com - Colorado Revised Statutes Title 37. Water and Irrigation § 37-80-123. Lease, loan, or trade of agricultural water protection water right--rules--definition - last updated January 01, 2025 | https://codes.findlaw.com/co/title-37-water-and-irrigation/co-rev-st-sect-37-80-123/

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