Title 45 — Waters

Unless the context otherwise requires, the terms defined in section 45-402 have the same meaning in this chapter and: 1. "Applicant" means a person who applies for a water exchange permit pursuant to section 45-1041. 2. "Holder" means a person to whom a water exchange permit is i…

A. A person may withdraw, divert or use water received through a water exchange only if one or more of the following apply: 1. Neither the water exchange is in an amount nor any associated water exchange contract provides for a water exchange in an amount exceeding fifty acre-fee…

A. A person who receives water pursuant to a water exchange or water exchange contract: 1. May withdraw, or divert, and use the water without holding a right to that water other than the authority granted by the water exchange or water exchange contract. 2. May use the water only…

A. Each person who is authorized to give or receive any water pursuant to a water exchange contract enrolled under section 45-1021, a water exchange permit issued under section 45-1041, or a notice of water exchange filed with the director under section 45-1051 shall file an annu…

A. The director shall establish and maintain a registry of water exchange contracts enrolled under section 45-1021, water exchange permits issued under section 45-1041, and notices of water exchange filed with the director under section 45-1051. B. Each person who is a party to a…

A. This chapter shall not be construed to affect vested water rights. B. Any determination made by the director for purposes of this chapter regarding the validity, nature, extent or relative priority of a water right claimed by a party or another person is not binding in any oth…

A. A water exchange contract may be enrolled by any party to the contract by filing a statement of water exchange contract with the director and complying with all of the following requirements: 1. The water exchange contract was in effect before January 1, 1992 and, if originall…

Enrollment of a water exchange contract under section 45-1021 does not affect the validity of any water exchange conducted pursuant to that contract before the effective date of this chapter.

A. A person who seeks to give surface water, other than Colorado river water, in a water exchange to which neither section 45-1002, subsection A, paragraph 1 nor 3 applies shall apply to the director for a water exchange permit. The director shall issue either a specific use wate…

A. On receiving an application for a water exchange permit, the director shall endorse on the application the date of receipt and keep a record of the application. The director shall conduct an initial review of the application within fifteen days after receiving the application.…

A. A specific use permit issued by the director pursuant to section 45-1041 shall contain the following information: 1. The names and mailing addresses of the persons to whom the permit is issued. 2. The name of any active management area or irrigation non-expansion area from whi…

A person whose application for a water exchange permit is denied or a person who contested a permit by filing a proper objection pursuant to section 45-1042 may seek judicial review of the director's decision in superior court as provided in section 45-405.

Holders of a water exchange permit may seek renewal of a permit within six months before the date the permit expires or may seek modification of an unexpired water exchange permit. All applications to renew or modify a permit shall be treated in the same manner as provided in sec…

A. After an administrative hearing the director may permanently or temporarily revoke all or part of a water exchange permit for any of the following reasons: 1. A false statement in regard to a material issue in an application to initiate, modify or renew a permit, or a false st…

A. A person who seeks to engage in a water exchange that does not meet the requirements of section 45-1002, subsection A, paragraph 1, 2, 3, 4 or 6 shall file a notice of water exchange with the director. The notice shall include the following: 1. The names and mailing addresses …

After filing a notice of water exchange that conforms with the requirements of section 45-1051, subsection A, the exchange may be initiated if it satisfies the following conditions: 1. The water exchange will be made pursuant to a written contract. 2. The water exchange will not …

A. The director or the director's authorized representative may enter at reasonable times on private or public property where water is withdrawn, diverted or used pursuant to a water exchange, and the owner, manager or occupant of the property shall permit the entry to: 1. Inspec…

A. If the director has reason to believe that a person is violating or has violated any provision of this chapter, a permit or order issued pursuant to this chapter or a rule adopted to carry out the purpose of this chapter, the director may give the person written notice that th…

A. A person who is determined pursuant to section 45-1062 to be in violation of any provision of this chapter, a permit or order issued pursuant to this chapter or a rule adopted to carry out the purpose of this chapter may be assessed a civil penalty in an amount not exceeding: …