2 CCR 402-12.9 - Expedited Transaction Procedures for Certain Water Rights

A. The expedited transaction procedures set forth in this rule shall apply to water rights that have been decreed by a court of competent jurisdiction that the water available under such water rights, or portions thereof, are fully consumable or reusable. Prior to utilizing these expedited transaction procedures, proof of such determination by the courts must be provided to the State and Division Engineers and the water bank operator. Upon the State and Division Engineers acceptance of such proof, the transaction may proceed under the process set forth under Rule 12.9, B-E below, subject to compliance with the information requirement provisions set forth in Rule 12.6(A).

B. After the water bank operator negotiates a lease or option agreement between the seller and buyer of the deposited water, the water bank operator will provide the State and Division Engineer with a signed agreement describing the transaction, including but not limited to the amount of water, the place of use, and the proposed time of use. (If needed, the bank will provide a standard agreement form). If the proposed lease/option shall require delivery of water into a different distribution system, the seller or buyer shall provide written consent of the owner or operator of the receiving facility or system, including any terms or conditions related to the use of such facility or system. The lease or option agreement also shall include a provision addressing procedures to be followed upon a breach of the agreement by either party.

C. Within two (2) business days of sending the lease or option agreement to the State and Division Engineers, the water bank operator shall provide written notice of the proposed transaction by first class mail or electronic mail to all persons who have subscribed to the Water Bank Notification List, and shall provide proof of such notice to the State and Division Engineers. The notice shall include the names and addresses of the parties to the transaction, a description of the water right involved, and a description of the proposed transaction, including but not limited to the amount of water, the historic place of use, the proposed new place of use, the proposed time of use, and the proposed type of use. The water bank also shall post the notice on its website.

D. Within seven (7) business days after providing notice as described in Rule 12.9.C, the State and Division Engineers will provide the seller and buyer with terms and conditions necessary for implementing the agreement. The terms and conditions shall include any necessary and/or desirable limitations upon the time, place or type of use of the water made available through the water bank, or other terms and conditions as deemed necessary to prevent injury to vested water rights.

E. Upon acceptance by the buyer and seller of the State and Division Engineers' terms and conditions, the water bank operator may finalize the agreement between the seller and buyer. Once the agreement is finalized and all parties, including the water bank, have been properly compensated, the water bank operator will notify the Division Engineer of the completion of the transaction.

Notes

2 CCR 402-12.9