LEG00066

• Bill Number: SB03-313
• Year: 2003
• Title: Interruptible Water Supplies Water Banks
• Legislation - Doc Type: Other CWCB Related Bills - Passed

1 SERVEACOPY OFTHE DECISION UPON ALL PARTIES TO THE APPLICATION BY
2 FIRST -CLASS MAIL OR, IF SUCH P ARTIES HAVE SO ELECTED, BY ELECTRONIC
3 MAIL, NEITHER THE APPROVAL NOR THE DENIAL OF THE AGREEMENT BY
4 THE STATE ENGINEER SHALL CREATE ANY PRESUMPTIONS, SHIFT THE
5 BURDEN OF PROOF, OR SERVE AS A DEFENSE IN ANY LEGAL ACTION THAT
6 MAY BE INITIATED CONCERNING THE INTERRUPTIBLE WATER SUPPLY
7 AGREEMENT. ANY APPEAL OF A DECISION MADE BY THE STATE ENGINEER
8 CONCERNING THE APPROV AL OR OPERATION OF AN INTERRUPTIBLE WATER
9 SUPPLY AGREEMENT PURSUANT TO THIS SECTION- SHALL BE MADE WITHIN
10 THIRTY DAYS TO THE WATER JUDGE IN THE APPLICABLE WATER DIVISION,
11 WHO SHALL HEAR SUCH APPEAL ON AN EXPEDITED BASIS, THE WATER
12 JUDGE SHALL HEAR AND DETERMINE SUCH APPEAL USING THE PROCEDURES
13 AND STANDARDS SET FORTH IN SECTIONS 37-92-304 AND 37-92-305 FOR
14 DETERMINATION OF MATTERS REREFERRED TO THE WATER JUDGE BY THE
15 REFEREE, THE PROPONENT OF THE INTERRUPTIBLE SUPPLY AGREEMENT
16 SHALL BE DEEMED TO BE THE APPLICANT FOR PURPOSES OF APPLICATION
17 OF SUCH PROCEDURES AND STANDARDS, THE PARTY FILING THE APPEAL
18 SHALL PAY A FEE TO THE WATER COURT TO COVER THE INCREASED COSTS
19 ASSOCIATED WITH SUCH EXPEDITED APPEAL. MONEYS FROM SUCH FEE
20 SHALL BE TRANSMITTED TO THE STATE TREASURER AND DEPOSITED IN THE
21 EXPEDITED WATER ADJUDICATION CASH FUND. WHICH FUND IS HEREBY
22 CREATED IN THE STATE TREASURY. THE GENERAL ASSEMBLY SHALL
23 APPROPRIATE MONEYS IN THE FUND FOR THE JUDICIAL DEPARTMENT'S
24 EXPEDITED ADJUDICATIONS PURSUANT TO THIS SUBSECTION (4).
25 (5) ApPLICANTS FOR APPROVAL OF AN INTERRUPTIBLE WATER
26 SUPPLY AGREEMENT, OR OF A RENEWAL OF AN EXISTING INTERRUPTIBLE
27 WATER SUPPLY AGREEMENT, PURSUANT TO THIS SECTION SHALL PAY A FEE

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