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<br />~-,,~,,-,.~ <br /> <br />I:j~ <br />;. ... <br />\ ,;j:~ ~ <br />l;;;,~ <br />'I <br />L>-," <br />~..,-~ <br />~,..~.:!;';~ <br /> <br />rl':::"'7",,~'" <br />~-"'-'~:~ <br />~. ~-.i.~ <br /> <br />\~j <br /> <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br /> <br />pretrial conference or due date for trial data certificates and ifintervention <br /> <br />will not unduly delay or prejudice the adjudication of the rights of the <br /> <br />original parties, Service of copies of applications, written pleadings, or <br />any other documents is not necessary for jurisdictional purposes, but the <br />water judge may order service of copies of any documents on any persons <br />and in any manner which he THE WATER JUDGE deems appropriate, <br />(b) 101 THE CASE OF AN APPLICATION FOR APPROVAL OF A WATER <br /> <br />BANK CHARTER THAT HAS BEEN GRANTED PURSUANT TO SECTION <br /> <br />37-60-131, THE APPLICANT SHALL HAVE THE BURDEN OF SUSTAINING THE <br /> <br />APPLlCA TlO0l, WHETHER IT HAS BEEN GRANTED OR DENIED BY THE RULING <br /> <br />OR HAS BEEN REREFERRED BY THE REFEREE, AND SHALL ALSO HAVE THE <br /> <br />13 OPERATION OF THE BANK PURSUANT TO ITS CHARTER IS LIKELY TO ENSURE <br /> <br />BURDEN OF SHOWING BY CLEAR AND CONVINCING EVIDENCE THAT <br /> <br />14 THAT THERE WILL BE NO INJURtOUS EFFECT ON THE OWNER OF OR PERSONS <br /> <br />15 ENTiTLED TO USE WATER UNDER A VESTED WATER RiGHT OR A DECREED <br /> <br />17 <br /> <br />16 CONDITIONAL WATER RIGHT, <br /> <br />18 amended to read: <br /> <br />SECTION 7. 37-92.305 (3), Colorado Revised Statutes, IS <br /> <br />19 37-92-305. Standards with respect to rulings of the referee and <br />20 decisions of the water judge. (3) (a) A change of water right or plan for <br />21 augmentation, including water exchange project, shall be approved if such <br />22 change or plan will not injuriously affect the owner of or persons entitled <br />23 to use water under a vested water right or a decreed conditional water <br />24 right. In cases in which a statement of opposition has been filed, the <br />25 applicant shall provide to the referee or to the water judge, as the case <br />26 may be, a proposed ruling or decree to prevent such injurious effect in <br />27 advance of any hearing on the merits of the application, and notice of such <br /> <br />.13. <br /> <br />SBOI-161 <br />