HB 03-1320 Signed Bill

• ISF Bill Number: HB03-1320
• Description: Temporary loans during drought or emergency
• ISF - Doc Type: Final Signed Legislation

..J:i" ,".'''~' .~~cc-_ -'"C'>o~?,*:,o~ ~.Co. ~'--'~~ (Bf'JfSTA~OFTHirDiJItiTIONOFnm~PROPOsm LOAN; ~?".,tc~-.

(C) A DESCRIPTION OF THE ORIGINAL POINTS OF DIVERSION, THE
RETVR.lI.J FLOW PATIERN, THE STREAM REACH, Ai~D THE TL\iE, PLACE, AND
TYPES OF USE OF THE LOANED WATER RIGHT;

(D) A DESCRIPTION OF THE NEW PROPOSED POINTS OF DIVERSION,
THE RETUR..'l FLOW PATTERN, THE STREAM REACH, Ai.....TJ)THE Th\-iE, PLACE, AND
TYPES OF USE OF THE LOANED WATER RIGHT; AND

(E) A REASONABLE ESTL'vlATE OF THE HISTORIC CONSUMPTIVE USE OF
THE LOANED WATER RIGHT.

(II) THE PROPO:N~T HAS PROVIDED WRITIEN NOTICE OF THE
REQUEST FORAPPROV AL OF THE LOAN BY FIRST-CLASS MAIL OR ELECTRONIC
MAIL TO ALL PARTIES ON THE SUBSTITUTE WATER SUPPLY PLAN
NOTIFICATION LIST ESTABLISHED PURSUANT TO SECTION 37-92-308 (6) FOR
THE W ATERDMSION IN WHICH THE PROPOSED LOAN IS LOCATED AND PROOF
OF SUCH NOTICE IS FILED WITH THE DMSION ENGINEER;

(ill) THE PROPOSED USE OF THE LOANED WATER RIGHT IS FOR
INSTREAM FLOW PURPOSES;

(IV) NONe OF THE WATER RIGHTS INVOLVED IN THE LOA.N' IS
ADJUDICATED TO OR DIVERTED AT A WELL LOCATED MORE THAN ONE
HUNl>RED FEET FROM THE BA.~K OF THE NEAREST FLOWING STREAM;

(\'1 THE DIVISION ENGINEER HAS GIVEN THE OWNERS OF WATER
RIGHTSAi.~ DECREEDCONDmONAL W ATERRIGHTS FlFTEENDAYSAFfER THE
DATE OF MAILING OF NOTICE UNDER SUBPARAGRAPH (II) OF THIS PARAGRAPH
(b) TO FILE COMMENTS ON THE PROPOSED LOAN; EXCEPT THAT, THE DIVISION
ENGINeER MAY ACT ON THE APPLICATION IMMEDIATELY AFTER THE
APPLICANT PROVIDES EVIDENCE THAT ALL PERSONS ENTITLED TO NOTICE OF
THE APPLICATION UNDER SUBPARAGRAPH (II) OF THIS PARAGRAPH (b ) HAVE
EITHER CONSENTED TO OR COMt\.fENTED ON THE APPLICATION. SUCH
COMMENTS SHALL INCLUDE ANY CLAIM OF INJURY OR ANY TERMS AND
COhl>mONS THAT SHOULD BE IMPOSED UPON THE PROPOSED LOAN TO
PREVENT INJURY TO AP ARTY'S W ATERRIGHT AND ANY OTHER INFORMATION
THE COMMENTING PARTY WISHES THE DMSION ENGINEER TO CONSIDER IN

PAGE 3-HOUSE BILL 03-1320

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