HB 05-1039 Signed Bill

• ISF Bill Number: HB05-1039
• Description: Amendments to ISF loans
• ISF - Doc Type: Final Signed Legislation

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FOR WHICHONL Y A SINGLE APPROV AL BY THE STATEENGINEER.IS REQUIRED.
THE TEN-YEAR PERIOD SHALL BEGIN WHEN THE STATE ENGINEER. APPROVES
THE LOAN. THE STATE ENGINEER SHALL NOT APPROVE A LOAN PURSUA.""'lTO
THIS PARAGRAPH (a) FOR A..~OTHER TEN-YEAR PERIOD; EXCEPT THAT, IF THE
AGREEMENT HAS NOT BEEN EXERCISED DURING THE TERM OF THE
AGREEMENT, AN APPUCANT MAY REAPPLY ONE TIME BY REPEATING THE
APPUCATION PROCESS PURSUANT TO THIS SUBSECTION (2).

(V) A PARlY MAY FILE COMMENTS CONCERNING POTENTIAL INJURY
TO SUCH PARTY'S WATER RIGHTS OR DECREED CONDmONAL WATER RIGHTS
DlJE TO THE OPERATIONS OF THE LOAN OF A WATER RIGHT TO A DECREED
INSTREAM FLOW RIGHT WITH THE STATE ENGINEER BY JANUARY 1 OF THE
YEAR FOLLOWING EACH YEAR THAT THE WAN. IS EXERCISED. THE
PROCEDURES OF PARAGRAPH (b) OF THIS SUBSECTION (2) REGARDING
NOTICE, OPPORTUNITY TO COMMENT, THE STATE ENGINEER'S DECISION, AND
AN APPEAL OF SUCH DECISION SHALL AGAIN BE FOLLOWED WITH REGARD TO
SUCH PARTY'S COMMENTS.

SECTION 2. Effective date - applicability. (1) This act shall take
effect at 12:01 a.m. on the day following the expiration of the ninety-day
period after final adjournment of the general assembly that is allowed for
submitting a referendum petition pursuant to article V, section 1 (3) of the
state constitution (August 10, 2005, if adjournment sine die is on May 11,
2005); except that, if a referendum petition is tiled against this act or an
item, section, or part of this act within such period, then the act, item,
section, or part, if approved by the people, shall take effect on the date of
the official declaration of the vote thereon by proclamation of the governor.

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