LEG00010

• Bill Number: HB05-1156
• Year: 2005
• Title: Concerning notification requirements applicable to the determination of a water right
• Legislation - Doc Type: Other CWCB Related Bills - Passed

MAINTAIN AN ELECTRONIC MAILING LIST OF SUCH NAMES AND ADDRESSES,
,AND A PERSON DESIRING TO HAVE HIS OR HER NAME AND ADDRESS RETAINED
ON THE LIST SHALL RESUBMITTHE INFORMATION BY JANUARY 5. A PERSON
WHO HAS NOT SO RESUBMITTED THE INFORMATION SHALL NOT BE RETAINED
ON THE LIST, BUT SUCH PERSON MAY SUBMIT HIS OR HER NAME AND
ELECTRONIC MAIL ADDRESS AT ANY TIME THEREAITER FOR INCLUSION ON
THE LIST SUBJECT TO THE 'REQUIREMENTS OF TH1~,SECTION. IN ORDER TO
OBTAIN AN ELECTRONIC MAIL NOTIFICATION OF THE AVAILABILITY OF THE
RESUME FOR A PARTICULAR MONTH, A PERSON'S NAME AND ADDRESS SHALL
BE RECEIVED NOT LATER THAN THE FIFTH DAY OF THE MONTH OF
PUBLICATION OF THE RESUME, A COpy OF THE RESUME SHALL BE FURNISHED
WITHOUT CHARGE TO THE ST ATE ENGINEER AND THE APPROPRIATE DIVISION
ENGINEER.

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(E) THE WATER CLERK SHALL PROVIDE AP APER COpy OF THE RESUME
TO A PERSON UPON PAYMENT OF THE FEE REQUIRED IN SECTION 13-32-104 (1)
(a), c.R.S. '

SECTION 3. 37-92-303, Colorado Revised Statutes, is amended to

read:

:\'

37-92-303. Rulings by the referee. (1) Within sixty daysfrom'
'AITER the last day on which statements of opposition may be filed with
respect to a particular application, unless such time is extended by the water
judge for good cause shown, the referee shall make Iris A ruling on the
application unless he THE REFEREE determines to Terefer the matter to the
water judge as specified in subsection (2) of this section. The ruling may
disapprove the application in whole or in part in the discretion of the referee
even though no statements of opposition have been filed. The ruling of the
referee shall give the names of the applicants with respect to each water
right or conditional water right involved, the location of the point of
diversion or place of storage, the means of diversion, the type of use, the
amount and priority, and other pertinent information. In the case of a plan
for augmentation, such ruling shall include a complete statement of such
plan as approved or disapproved. The ruling shall be filed with the water
clerk, subject to judicial review. A copy of the ruling shall he mailed SENT
by the water clerk by CGl tif.edor 1 eglstG1 e.d REGULAR OR ELECTRONIC mail
to the applicant, to each person who has filed a statement of opposition, to
the state engineer, and to the division engineer.

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(2) The referee may determine in his diStletion not to make a ruling

PAGE 4-HOUSE BILL 05-1156

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