LEG00105

• Bill Number: SB03-085
• Year: 2003
• Title: Temporary Loan of Water Rights
• Legislation - Doc Type: Other CWCB Related Bills - Passed

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NECESSARY TO ENSURE THA TTHESE STANDARDS ARE MET. IN MAKING THE
DETERMINATIONS SPECIFIED IN THIS PARAGRAPH (f). THE DIVISION
ENGINEER SHALL NOT BE REOUIRED TO HOLD ANY FORMAL HEARINGS OR
CONDUCT ANY OTHER FORMAL PROCEEDINGS. BUT MAY CONDUCT A
HEARING OR FORMAL PROCEEDING IF THE DIVISION ENGINEER FINDS IT
NECESSARY TO ADDRESS THE ISSUES.
(4) THE DIVISION ENGINEER SHALL APPROVE OR DENY THE
PROPOSED LOAN WITHIN TWENTY DAYS AFTER THE DATE OF MAILING OF
NOTICE UNDER PARAGRAPH (b) OF SUBSECTION (3) OF THIS SECTION. OR
WITHIN FIVE DAYS AFTER THE APPLICANT PROVIDES EVIDENCE THAT ALL
PERSONS ENTITLED TO SUCH NOTICE HAVE EITHER CONSENTED TO OR
COMMENTED ON THE APPLICATION. WHICHEVER IS EARLIER_
(5) WHEN THE DIVISION ENGINEER APPROVES OR DENIES A
PROPOSED LOAN. THE DIVISION ENGINEER SHALL SERVE A COPY OF THE
DECISION ON ALL PARTIES TO THE APPLICATION BY FIRST-CLASS MAIL OR.
IF SUCH PARTIES HAVE SO ELECTED. BY ELECTRONIC MAIL. NEITHER THE
APPROVAL NOR THE DENIAL BY THE DIVISION ENGINEER SHALL CREATE
ANY PRESUMPTIONS, SHIFT THE BURDEN OF PROOF. OR SERVEASADEFENSE
IN ANY LEGAL ACTION THAT MAY BE INITIATED CONCERNING THE LOAN_
ANY APPEAL OF A DECISION BY THE DIVISION ENGINEER CONCERNING THE
LOAN PURSUANT TO THIS SECTION SHALL BE MADE TO THE WATER JUDGE
IN THE APPLICABLE WATER DIVISION WITHIN FIFTEEN DAYS AFTER THE
DATE ON WHICH THE DECISION IS SERVED ON THE PARTIES TO THE
APPLICATION. THE WATER JUDGE SHALL HEAR SUCH APPEAL ON AN
EXPEDITED BASIS.
(6) LOANS OF WATER RIGHTS UNDER THIS SECTION SHALL BE
LIMITED TO NO MORE THAN ONE HUNDRED EIGHTY DAYS DURING ANY ONE

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