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<br />Page I of 1 <br /> <br />CHAPTER 81 <br /> <br />WATER AND IRRIGATION <br /> <br />HOUSE BILL 04-1073J~\~st] <br />BY REPRESENTATIV mlth, Harvey, and Sp'radley' <br />also SENATOR(S) Entz, vans, Groff, Grossman, Owen, Tapia, Taylor, and Teck. <br /> <br />AN ACT <br />CONCERNING SURFACE OWNER NOTlF1CATlONS F1LED BY AN APPLICANT FOR A WATER RIGHT. <br /> <br />Be it enacted by the General Assembly of the State of Colorado: <br /> <br />SECTION 1. 37-92-302 (3) (c) (I), Colorado Revised Statutes, is amended to read: <br /> <br />37-92-302. Applications for water rights or changes of such rights - plans for angmentation. <br />(3) (c) (I) (A) Not later than the end of such month, the referee or the water clerk shall mall a copy of <br />such resume to each person whom the referee has reason to believe would be affected, including, at a <br />minimum, the persons listed in each application as the owner or reputed owner of the land upon which <br />any NEW DIVERSION OR STORAGE STRUCTURE OR MODIFICA nON TO ANY EXISTING DIVERSION OR <br />STORAGE structure is or will be lllelltcd CONSTRUCTED OR upon which water is or will be stored, et' <br />tlf;51J. lytic!.. ,yateI ill eI "ill be :plft~ca to ~clJ.cfif.iM tu~e, INCLUDING ANY MODIFICATION TO THE <br />EXISTING STORAGE POOL, and to each person who has requested a cOfY of such resume by submitting <br />his or her name and address to the water clerk. The water clerk shal maintain a mailing list of such <br />names and addresses so submitted; and persons desiring to have their names and addresses retained on <br />such list must resubmit the same oy January 5. Persons who have not so resubmitted their names and <br />addresses shall not be retained on such list, but they may submit their names and addresses at any time <br />thereafter for inclusion on the list subject to the f5[e~aif1~ REQUIREMENTS OF TIllS SECTION. In order to <br />obtain a copy of a resume for a particular month, a person's name and address must be received not later <br />than the fifth day ofthe month of publication ofthe resume. A fee of twelve dollars shall be payable for <br />inclusion on the mailing list for a calendar year prorated at one dollar per month for a lesser period. A <br />__ _ _ _copy_of.the_resume .shall_be_furnished_withOut_charge_to -the-state-engineer-and-the-appropriate'division-- <br />engmeer. <br /> <br />(B) THE APPLICANT MAY RELY UPON TIlE REAL ESTATE RECORDS OF TIlE COUNTY ASSESSOR FOR <br />TIlE COUNTY OR COUNTIES IN WHICH TIlE LAND IS LOCATED TO DETERMINE TIlE OWNER OR REPUTED <br />OWNER OF POTENTIALLY AFFECTED LAND. <br /> <br />SECTION 2. Effective date - applicability. (1) This act shall take effect at 12:01 a.m. on the day <br />following the expiration of the ninety-day penod after final adjournment of the general assembly that IS <br />allowed for submitting a referendum pebtion pursuant to article V, section I (3) of the state constitution <br />(August 4, 2004, if adjournment sine i1ie is on May 5, 2004); except that, if a referendum petition is filed <br />against tins act or an item, section, or part of this act withm sucli period, then the act, item, section, or <br />part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon <br />by proclamation ofthe governor. <br /> <br />(2) The provisions of this act shall apply to applications filed on or after the applicable effective date <br />of thiS act. <br /> <br />Approved: April 5, 2004 <br /> <br />Capital letters indicate new material added to existing statutes; dashes through words indicate deletions from existing <br />statutes and such material not part of act. <br /> <br />http://www.state.co.us/gov_dir/leg_dir/olls/sI2004a/sl_81.htm <br /> <br />10/6/2004 <br />