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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DNISION THAT THE DELAY IN OBTAINING A DECREE HAS BEEN JUSTIFIABLE

AND THAT NOT BEING ABLE TO CONTINUE OPERATING UNDERAF ALLOWING

PROGRAM UNTIL A DECREE IS ENTERED WILL CAUSE UNDUE HARDSHIP TO

THE APPLICANTS.

(C) WHEN THE STATE ENGINEER APPROVES OR DENIES A

FALLOWING PROGRAM, THE ST ATE ENGINEER SHALL SERVE A COpy OF THE

DECISION ON ALL PARTIES TO THE PENDING WATER COURT APPLICATION BY

FIRST-CLASS MAIL. NEITHER THE APPROVAL NOR THE DENIAL BY THE

STATE ENGINEER SHALL CREATE ANY PRESUMPTIONS, SHIFT THE BURDEN

OF PROOF, OR SERVE AS A DEFENSE IN THE PENDING W ATERCOURTCASE OR

ANY OTHER LEGAL ACTION THAT MAY BE INITIATED CONCERNING THE

FALLOWING PROGRAM. ANY APPEAL OF A DECISION MADE BY THE STATE

ENGINEER CONCERNING A FALLOWING PROGRAM PURSUANT TO THIS

SUBSECTION (7) SHALL BE EXPEDITED, SHALL BE MADE TO THE WATER

JUDGE OF THE APPLICABLE WATER DIVISION WITHIN THIRTY DAYS, AND

SHALL BE CONSOLIDATED WITH THE APPLICATION FOR APPROVAL OF THE

FALLOWING PROGRAM.

-(8) THE STATE ENGINEER SHALL ESTABLISH A FALLOWING

PROGRAM NOTIFICATION LIST FOR EACH PROGRAM AREA FOR THE

PURPOSES OF NOTIFYING INTERESTED PARTIES PURSUANT TO

SUBPARAGRAPH (II) OF PARAGRAPH (a) OF SUBSECTION (7) OF THIS

SECTION. BEGINNING IN JANUARY 2006, AND IN JANUARY OF EACH YEAR

THEREAFTER, IN ORDER TO ESTABLISH SUCH NOTIFICATION LIST, THE

WATER CLERKS IN EACH WATER DIVISION THAT CONTAINS A PROGRAM

AREA SHALL INCLUDE IN THE WATER COURT RESUME AN INVITATION TO BE

INCLUDED ON SUCH NOTIFICATION LIST FOR THE APPLICABLE PROGRAM

AREA. THE WATER CLERK SHALL NOTIFY EACH PERSON ON THE

.

.

.

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HB05-1215