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~ ~",*jj"'~lli:l t'~l~Z~ ~.."~ '~.' .. ":ll 10 ~.:... b.';1,~.i II .t.! ,.....1:_~ 12 ~ ~r 7'~JiE'?, :I; 13 . A '''~~".,~~~,/ 14 I 2 3 proposed ruling or decree shall be provided to all parties who have entered the proceedings, If it is detennined that the proposed change or plan as presented in the application and the proposed ruling or decree would cause such injurious effect, the referee or the water judge, as the case may 4 5 be, shall afford the applicant or any person opposed to the application an opportunity to propose terms or conditions which THAT would prevent such injurious effect. (b) ApPLICATIONS FOR APPROVAL OF A WATER BANK CHARTER THAT HAS BEEN GRANTED PURSUANT TO SECTION 37-60-131 SHALL BE 6 7 8 9 APPROVED IF THE APPLICANT PRESENTS CLEAR AND CONVINCING EVIDENCE THAT OPERATION OF THE BANK PURSUANT TO ITS CHARTER IS LIKELY TO ENSURE THAT THERE WILL BE NO INJURIOUS EFFECT ON THE OWNER OF OR PERSONS ENTITLED TO USE WATER UNDER A VESTED WATER RIGHT OR A DECREED CONDITIONAL WATER RIGHT, 15 16 17 SECTION 8. 37.92.502 (2) (a), Colorado Revised Statutes, is amended to read: 37-92-502. Orders as to waste, diversions, distribution of water. 18 (2) (a) Each division engineer shall order the total or partial 19 discontinuance of any diversion in his SUCH ENG1NEER's division to the 20 extent that the water being diverted is not necessary for application to a 21 beneficial use; and he SUCH ENGINEER shall also order the total or partial 22 discontinuance of any diversion in his SUCH ENGINEER's division to the 23 extent that the water being diverted is required by persons entitled to use 24 water under water rights having senior priorities, but no such 25 discontinuance shall be ordered unless the diversion is causing or will 26 cause material injury to such water rights having senior priorities. In 27 making his THE decision as to the discontinuance of a diversion to satisfy .14. SBOI-161