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Last modified
8/15/2009 11:40:31 AM
Creation date
9/30/2006 8:11:46 PM
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Legislation
Bill Number
HB04-1256
Year
2004
Title
Concerning interruptible water supply agreement
Legislation - Doc Type
Other CWCB Related Bills - Passed
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<br />Ch. 335 <br /> <br />WateT and Irrigation <br /> <br />1363 <br /> <br />dIG i;O.(,U'V, l-'U~"u(.u1t Lv "...d;vu l:4 ):2 :2184, C.R.S.,;u It... (,vuuly vf V~;5;1I V~ ""....., <br />and <br /> <br />(II) DU~;1I5 llu.. f;~bt full ......I...udc.o.1 )'......1 ufl(,~ tit... ....ul....tJdc.u )'....... dU.L;II!5 ""ll;...t tlh... <br />(..Ul...15{,!.(.Y d.(....l<.u...d pl.UJ.u4ut t\., "ubphdI.6~upll (I) vfflJ;" phUl.5lapll (G) t':"~IIJ;......l...". <br /> <br />(4) (a) When the state engineer approves or denies an interruptible water supply <br />agreement, the state engineer shall serve a copy of the decision upon all parties to the <br />application by first-class mail or, if such parties have so elected, by electronic mail. <br />Neither the approvat nor the denial of the agreement by the state engineer shall create <br />any presumptions, shift the burden of proof, or serve as a defense in any legal action <br />that may be initiated concerning the interruptible water supply agreement. Any <br />appeal of a decision made by the state engineer concerning the operation of an <br />interruptible water supply agreement pursuant to this section shall be expedited, shall <br />be limited to the issue of injury, and shall be made within thirty days AFTER MAtLlNG <br />OF THE DECIStON to the water judge in the applicable water division. All parties to <br />the appeal shall pay to the water clerk a fee to cover the direct costs associated with <br />the expedited appeal. The water judge shall hear and determine such appeal using the <br />procedures and standards set forth in sections 37-92-304 and 37-92-305 for <br />determination of matters rereferred to the water judge by the referee; except that the <br />water judge shall not deem any failure to appeal all or any part of the decision of the <br />state engineer or failure to state any grounds for appeal to preclude any party from <br />raising any claims of injury in a future proceeding before the water judge. The <br />proponent of the interruptible water supply agreement shall be deemed to be the <br />applicant for purposes of application of such procedures and standards. Moneys from <br />such fee shall be transmitted to the state treasurer and deposited in the water <br />adjudication cash fund, which fund is hereby created in the state treasury. The <br />general assemhly shall appropriate moneys in the fund for the judicial department's <br />expedited adjudications pursuant to this section. <br /> <br />(b) A PARTY TO THE ORlGINAL APPLtCA nON MAY FILE COMMENTS CONCERNING <br />POTENTIAL INJURY TO SUCH PARTY'S WATER RIGHTS OR DECREED CONDITIONAL <br />WATER RIGHTS DUE TO THE OPERATION OF THE INTERRUPTIBLE WATER SUPPLY <br />AGREEMENT WtTH THE STATE ENGINEER BY JANUARY I OF THE YEAR FOLLOWING THE <br />FIRST YEAR THAT THE INTERRUPTIBLE WATER SUPPLY AGREEMENT HAS BEEN <br />EXERCtSED. THE PROCEDURES OF SUBSECTION (3) OF THtS SECTlON REGARDING <br />NOTICE, OPPORTUNITY TO COMMENT, AND THE STATE ENGINEER'S DECISION, AND THE <br />PROCEDURES OF THIS SUBSEcrlON (4) REGARDING AN APPEAL OF SUCH DECISION <br />SHALL AGAIN BE FOLLOWED WITH REGARD TO SUCH PARTY'S COMMENTS. <br /> <br />SECTION 2. Appropriation. In addition to any other appropriation, there is <br />hereby appropriated, to the judicial department, for the fiscal year beginning July I, <br />2004, the sum of ten thousand dollars ($10,000), or so much thereof as may be <br />necessary, for the implementation ofthis act. Said sum shall be cash funds from the <br />water adjudication cash fund created pursuant to section 37-92-309 (4), Colorado <br />Revised Statutes. <br /> <br />SECTION 3. Effective date - applicability. (I) This act shall take effect at <br />12:01 a.m. on the day following the expiration of the ninety-day period after final <br />adjournment of the general assembly that is allowed for submitting a referendum <br />petition pursuant to article V, section I (3) ofthe state constitution (August 4,2004, <br />
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