LEG00158

• Bill Number: SB01-161
• Year: 2001
• Title: Concerning Methods for Increasing the Supply of Available Water, and, in connection therewith, Directing the Colorado Water Conservation Board to Study Water Supply Demands and Alternatives for Meetin
• Legislation - Doc Type: Other CWCB Related Bills - Killed

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APPLICANT, INCLUDING THE WATER DIVISION IN WHICH EACH SUCH ENTITY

IS LOCATED IN WHOLE OR PART;

(B) A PROPOSED WATER BANK CHARTER; AND

(C) A NARRATIVE DESCRIPTION OF THE APPLICANT'S PROPOSED

WATER BANK OPERATIONS, INCLUDING IN PARTICULAR HOW THE APPLICANT

PROPOSES TO MEET THE REQUIREMENTS OF SECTION 37-92-305 (3),
SECTION 6. 37.92-304 (3), Colorado Revised Statutes, IS

amended to read:

37-92-304. Proceedings by the water judge. (3) (a) As to the

rulings with respect to which a pleading has been filed and as to matters

which THAT have been rereferred to the water judge by the referee, there

shall be de novo hearings, The court shall not be bound by findings of the

13 referee, The division engineer shall appear to furnish pertinent

14 information and may be examined by any party, and, if requested by the
15 division engineer, the attorney general shall represent the division
16 engineer. The applicant shall appear either in person or by counsel and
17 shall have the burden of sustaining the application, whether it has been
18 granted or denied by the ruling or has been rereferred by the referee, and
19 in the case of a change of water right or a plan for augmentation the
20 burden of showing absence of any injurious effect. All parties of record
21 shall remain parties in the proceedings before the water judge, Any
22 person may move to intervene in proceedings before the water court upon
23 payment of a fee, equal to that for filing an answer to a civil action in
24 district court, except for the state engineer who shall pay no fee, and upon

25 a showing of mistake, inadvertence, surprise, or excusable neglect or to
26 support a referee's ruling, The water court shall grant the motion to
27 intervene only if intervention is sought no less than thirty days before any

.12.

SBOI-161