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<br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br /> <br />e <br /> <br />otherwise requires: <br />(2) "Abandonment of a water right" means the termination of a <br />water right in whole or in part as a result of the intent of the owner <br />thereof to discontinue permanently the use of all or part of the water <br />available thereunder. Any period of 110nuse of any portion of a water <br />right shall be tolled, and no intent to discontinue permanent use shall be <br />found, for purposes of determining an abandonment of a water right: <br />(a) For the duration that the I~nd on which the water right has <br />been historically applied is enrolled under Title XII of the federal "Food <br />Security Act of 1985", P. L. 99-198. <br />(b) WHEN SUCH PERIOD OF NONUSE IS CAUSED BY THE <br />IMPLEMENTATION OF BONA FIDE WATER CONSERVATION EFFORTS AS <br />DETERMINED ON A CASE BY CASE BASIS BY THE STATE ENGINEER. <br />SECTION 6. Safety clause. The general assembly hereby finds, <br />determines, and declares that this act is necessary for the immediate <br />preservation of the public peace, health, and safety, <br /> <br />e <br /> <br />e <br /> <br />-6- <br /> <br />HB03-1120 <br />