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<br />i....::~~1 <br />~.<~i~" ~ I <br />~;..~ '\.: <br />~,,,,,,,.....! <br />~~ ~i! <br />~~;;" <br /> <br />~.~_..J. <br />. -, li::'l.:. _, ' <br />'J <br /> <br />t-~~j <br />.~ <br /> <br />1 For purposes of 5ucl, jl01;G~, THIS PARAGRAPH (b): <br /> <br />2 (I) The term "person" shall have the same meaning as is set forth <br /> <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br /> <br />in section 37-90-137 (4) (b.5) (II); <br /> <br />(II) THE APPLICANT MAY RELY UPON THE REAL ESTATE RECORDS OF <br /> <br />THE COUNTY OR COUNTIES IN WHICH THE LAND IS LOCATED; <br /> <br />(IIl) THE EvIDENTIAR Y REQUIREMENT IS SATISFIED BY SUBMISSION <br />OF A COPY OF THE NOTICE PROVIDED TO EACH SUCH RECORD OWNER OR A <br /> <br />COPY OF THE INSTRUMENT PROVING THE APPLICANT TO BE THE SOLE <br /> <br />RECORD OWNER; AND <br /> <br />(IV) THE APPLICANT'S FAILURE TO PROVIDE THE REQUIRED NOTICE <br /> <br />TO EACH SUCH RECORD OWNER SHALL NEITHER DEPRIVE THE W ATERCOURT <br /> <br />12 <br /> <br />OF JURISDICTION NOR CONSTITUTE A DENIAL OF DUE PROCESS, BUT EVERY <br /> <br />13 <br /> <br />RECORD OWNER WHO WAS NOT TIMELY PROVIDED WITH THE REQUIRED <br /> <br />14 NOTICEAND WHO HAS NOT PREVIOUSLY FtLEDA STATEMENT OF OPPOSITION <br /> <br />15 MAY, NOTWITHSTANDING PARAGRAPH (a) OF SUBSECTION (1) OF THIS <br />16 SECTION, FILE A STATEMENT OF OPPOSITION TO THE APPLICATION AT ANY <br /> <br />17 TIME PRIOR TO ENTRY OF THE FINAL DECREE, AND THE WATER JUDGE AND <br /> <br /> <br />18 REFEREE SHALL CONSIDER ALL GROUNDS FOR OPPOSITION RAISED BY SUCH <br /> <br />19 RECORD OWNER THAT ARE COGNIZABLE UNDER THIS TITLE, INCLUDING THE <br />20 APPLICANT' S FAILURE TO PROVIDE THE REQUIRED NOTICE. <br /> <br />21 SECTION 3. Effective date - applicability. (1) This act shall <br /> <br /> <br />22 take effect at 12:01 a.m. on the day following the expiration of the <br /> <br /> <br />23 ninety-day period after final adjournment of the general assembly that is <br /> <br /> <br />24 allowed for submitting a referendum petition pursuant to article V, section <br /> <br /> <br />25 1 (3) of the state constitution; except that, if a referendum petition is filed <br /> <br />26 against this act or an item, section, or part of this act within such period, <br /> <br />27 then the act, item, seclion, or part, if approved by the people, shall take <br /> <br />-3- <br /> <br />HBO 1-1077 <br />