LEG00082

• Bill Number: HB03-1090
• Year: 2003
• Title: Develop Denver Basin Aquifers
• Legislation - Doc Type: Other CWCB Related Bills - Killed

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described in section 37-90-13 7 (4), no application shall be heard on its
merits by the referee or water judge until a written consultation report, as
required by subsection (4) of this section, has been submitted and
considered. The consultation report shall be submitted within four
months after the filing of the application and shall include findings as to
whether the construction and use of any well proposed in the application
will injuriously affect the owner of, or persons entitled to use, water
under a vested water right or decreed conditional water right. In the case
of applications for determinations of rights to ground water from wells
described in section 37-90-137 (4), the application shall be supplemented
by evidence that the state engineer has issued or failed to issue, within
four months m AFTER the filing of the application in water court, a
determination as to the facts of such application. Such state engineer's
determination shall be made by the state engineer upon receipt from the
water clerk of a copy of the application, and no separate filing or
docketing with the state engineer shall be required.
SECTION 2. 37-92-305 (9), Colorado Revised Statutes, IS
amended BY THE ADDITION OF A NEW PARAGRAPH to read:
37-92-305. Standards with respect to rulings ofthe referee and
decisions of the water judge. (9)(d) IF THE APPLICANTIS THE OWNER OF
LAND OVERLYING GROUND w ATERIN THE DAWSON, DENVER, ARAPAHOE,
OR LARAMIE-Fox HILLS AQUIFERS, OR IS A MUNICIPAL OR
QUASI-MUNICIPAL WATER SUPPLIER THAT MAY ADOPT A DEEMED CONSENT
ORDINANCE OR RESOLUTION PURSUANT TO SECTION 37-90-137 (8), NO
CLAIM THAT INVOLVES THE DIVERSION OF WATER FROM ONE WATER
DIVISION AND ITS CONVEYANCE INTO ANOTHER WATER DIVISION FOR A
WATER RIGHT, CONDITIONAL WATER RIGHT, OR CHANGE OF WATER RIGHT

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HB03-1090