LEG00122

• Bill Number: HB05-1215
• Year: 2005
• Title: Concerning the temporary transfer of the use of water rights
• Legislation - Doc Type: Other CWCB Related Bills - Killed

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NOT ISSUED A DECREE, THE STATE ENGINEER MAY APPROVE THE

TEMPORARY OPERATION OF THE FALLOWING PROGRAM IF THE FOLLOWING

CONDITIONS ARE MET:

(1) THE WATER COURT APPLICANTS HAVE FILED A REQUEST FOR

APPROVAL OF THE FALLOWING PROGRAM WITH THE STATE ENGINEER;

(11) THE APPLICANTS HAVE PROVIDED WRITTEN NOTICE OF THE

REQUEST FOR APPROVAL OF THE FALLOWING PROGRAM APPLICATION BY

FIRST -CLASS MAIL OR ELECTRONIC MAIL TO ALL PARTIES WHO HAVE FILED

A STATEMENT OF OPPOSITION TO THE PROGRAM IN WATER COURT AND

PROOF OF SUCH NOTICE IS FILED WITH THE STATE ENGINEER, OR, IF THE

DEADLINE FOR FILING A STATEMENT OF OPPOSITION HAS NOT PASSED, THE

APPLICANTS HAVE PROVIDED WRITTEN NOTICE OF THE REQUEST FOR

APPROVAL OF THE PROGRAM BY FIRST -CLASS MAIL OR ELECTRONIC MAIL

TO ALL PARTIES WHO HAVE SUBSCRIBED TO THE FALLOWING PROGRAM

NOTIFICATION LIST FOR THE WATER DIVISION IN WHICH THE PROPOSED

PROGRAM IS LOCATED AND PROOF OF SUCH NOTICE IS FILED WITH THE

STATE ENGINEER;

(111) THE STATE ENGINEER HAS GIVEN THOSE TO WHOM NOTICE

WAS PROVIDED THIRTY DAYS AFTER THE DATE OF MAILING OF THE NOTICE

TO FILE COMMENTS ON THE FALLOWING PROGRAM. THE COMMENTS SHALL

INCLUDE ANY CLAIM OF INJURY, ANY TERMS AND CONDITIONS THAT

SHOULD BE IMPOSED UPON THE PROGRAM TO PREVENT INJURY TO AN

OPPOSER'S WATER RIGHTS OR DECREED CONDITIONAL WATER RIGHTS, AND

ANY OTHER INFORMATION AN OPPOSER WISHES THE STATE ENGINEER TO

CONSIDER IN REVIEWING THE APPROVAL REQUEST.

(IV) THE STATE ENGINEER, AFTER CONSIDERATION OF THE

COMMENTS RECEIVED, HAS DETERMINED THAT THE OPERATION AND

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HB05-1215