November 1, 2010
Section 37-80.5-104(4), C.R.S., regarding the Arkansas river water bank pilot program states: (4) This section is repealed, effective when the period to file an appeal regarding promulgation of the rules under section 37-80.5-104.5 has expired or, if such an appeal is filed, when the litigation concerning such appeal has been fully resolved.
By this e-mail I am notifying you that the appeal period regarding the promulgation of the rules has expired and there has been no appeal filed. Therefore, the conditions have been met for the repeal of the section as identified in 37-80.5-104(4).
In addition, Section 37-80.5-104.5(4)(b), C.R.S., regarding water bank rules, states: (b) The state engineer shall provide the revisor of statutes with written notification when the period to file an appeal regarding promulgation of the rules under this section has expired or, if such an appeal is filed, when the litigation concerning such appeal has been fully resolved.
By this e-mail I am notifying you that The Rules Governing the Arkansas River Water Bank Program have been promulgated and the period for filing an appeal has ended. There has been no appeal of the Rules.
If you have questions, please contact me or Kevin Rein, Assistant State Engineer.
Dick Wolfe, State Engineer/Director, Division of Water Resources, Colorado Department of Natural Resources