Laserfiche WebLink
<br />applicant provides evidence that all persons entitled to notice of the application under subparagraph <br />(II) of this paragraph (b) have either consented to or commented on the application, whichever is <br />earlier. <br /> <br />(VIII) When the division engineer approves or denies a proposed loan, the division engineer <br />shall serve a copy of the decision on all parties to the application by first-class mail or, if such <br />parties have so elected, by electronic mail. Neither the approval nor the denial by the division <br />engineer shall create any presumptions, shift the burden of proof~ or serve as a defense in any legal <br />action that may be initiated concerning the loan. Any appeal of a decision by the division engineer <br />concerning the loan pursuant to this section shall be made to the water judge in the applicable water <br />division within fifteen days after the date on which the decision is served on the parties to the <br />application. The water judge shall hear such appeal on an expedited basis. <br /> <br />Source: L. 1899: p. 236, ~ 3. R.S. 08: ~ 3232. C.L. ~ 1712. CSA: C. 90, ~ 110. CRS 53: ~ 147- <br />6-5. C.R.S. 1963: ~ 148-6-5. L. 2003: Entire section amended, p. 2396, ~ 1, effective June 5. L. <br />2004: (1), IP(2)(b), (2)(b)(llI), (2)(b)(VI), and (2)(b)(VII) amended, p. 1014, ~ 1, effective May 21. <br />L. 2005: 1P(2)(a) amended and (2)(a)(IV) and (2)(a)(V) added, p. 82, ~ 1, effective August 8. <br /> <br />Edlto.... note: Section 2 of chapter 18, Session Laws of Colorado 2005, provides that the act amending <br />the introductory portion to subsection (2)(a) and enacting subsections (2)(a)(IV) and (2)(a)(V) applies to <br />loans approved on or after August 8, 2005. The act was passed without B safety ctause~ For an explanation <br />concerning the effective date, see page vii of this volume. <br /> <br />ANNOTATION <br /> <br />C.J.S. See 94 C"J.S.t Waters, S 383. <br /> <br />Law revIews. For article, "The Effect of Water Law on the Development of Oil Shale-, see 58 Den. L.J. <br />751 (1981). For article. 'Water Banking: A New Tool For Water Managemenrt see 23 Colo. Law. 595 (1994). <br />For article, "Private Means to Enhance Pubtic Streams", see 33 Colo. Law. 69 (April 2004). <br /> <br />The partie. who are concerned in the exchange, the lender and the borrower, must each and all <br />be the owners of rights to the use of water for irrigation" Ft. Lyon Canal Co. v. Chew. 33 Colo. 392, 81 P.37 <br />( 1905)~ <br /> <br />If this section had purported to create rights which did not theretofore exist. or If It was to be <br />Interpreted as permitting exchanges or loans of water without reference to the rights of other appropriators, <br />it could not be upheld as a valid legislative enactment Ft. Lyon Canal Co. v. Chew, 33 Colo. 392, 81 P. 37 <br />(1905). <br /> <br />The provisions of this .ection only permit an exchange or loan of water under conditions which do <br />not injuriously affect the vested rights of other appropriators~ Bowman v. Virdin. 40 Colo. 247, 90 P. 506 <br />(1907). <br /> <br />Under this section a complaint is fatally defective in an action to restrain defendants from <br />interfering with plaintiff using water loaned to him by other appropriators, which fails to aUege that the <br />water so loaned can and will be used by p'aintiff without impairing the vested rights of defendants owning <br />tater priorities. Bowman v~ Virdin, 40 Colo. 247.90 P. 506 (1907). <br /> <br />ThiS section s.ems to recognize a temporary exchange or loan of water without first obtaining a <br />deGree. Ft Lyon Canal Co. v, Chew. 33 Cola, 392, 81 Pt 37 (1905)e <br />