§ 37-80-123. Lease, Loan, or Trade of Agricultural Water Protection Water Right – Rules – Definition

1. 1. 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.
   2. The rules must include:
      1. Terms and conditions that the state engineer may impose through an approved substitute water supply plan pursuant to section 37-92-308 (12);
      2. Criteria that the state engineer should consider in reviewing a substitute water supply plan application filed pursuant to section 37-92-308 (12);
      3. 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;
      4. Procedures by which the state engineer may reconsider a decision; and
      5. 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:
         1. The amount of water subject to each approved plan;
         2. The location of use of water under each approved plan; and
         3. The decreed beneficial use of water leased, loaned, or traded in connection with each approved plan.
   3. 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).

Source: L. 2016: Entire section added, (HB 16-1228), ch. 175, p. 599, § 2, effective August 10.