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<br />Ch,235 <br /> <br />Water and Irrigation <br /> <br />779 <br /> <br />(IV) NOT REQUIRE SENIOR SURF ACE WATER RIGHT HOLDERS WITH REASONABLE <br />MEANS OF SURFACE DIVERSIONSTO RELY ON UNDERGROUND WATER TO SATISFY THEIR <br />APPROPRIATIVE WATER RIGHT, <br /> <br />(c) THE STATE ENGINEER SHALL NOT CURTAIL UNDERGROUND WATER <br />WITHDRAWALS FROM AQUIFERS IN DIVISION 3 THAT ARE INCLUDED IN A GROUND <br />WATER MANAGEMENT SUBDISTRICT CREATED PURSUANT TO SECTION 37.45.120 OR <br />37.48.108 IF THE WITHDRAWALS ARE MADE PURSUANT TO A GROUND WATER <br />MANAGEMENT PLAN ADOPTED BY THE SUBDISTRICT THAT MEETS THE REQUIREMENTS <br />OF PARAGRAPHS (a) AND (b) OFTHIS SUBSECTION (4), THE STATE ENGINEER SHALL <br />PUBLISH NOTICE OF THE APPROVAL OF ANY GROUND WATER MANAGEMENT PLAN IN <br />THE SAME MANNER AS PROVIDED FOR RULES UNDER PARAGRAPH (g) OF SUBSECTION <br />(2) OF THIS SECTION, AND JUDICIAL REVIEW OF SUCH APPROVAL SHALL BE PURSUANT <br />TO PARAGRAPH (a) OF SUBSECTION (3) OF THIS SECTION, THE WATER JUDGE SHALL <br />RETAIN JURISDICTION OVER lHE WATER MANAGEMENT PLAN FOR THE PURPOSE OF <br />ENSURING THE PLAN IS OPERATED, AND INJURY IS PREVENTED, IN CONFORMITY WITH <br />THE TERMS OF THE COURT'S DECREE APPROVING THE WATER MANAGEMENT PLAN. <br /> <br />SECTION 2. Safetyelause. The general assembly hereby finds, determines, and <br />declares that this act is necessary for the immediate preservation of the public peace, <br />health, and safety, <br /> <br />Approved: May 20, 2004 <br />