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<br />1 described in section 37-90-137 (4), no application shall be heard on its <br /> <br /> <br />2 merits by the referee or water judge until a written consultation report, as <br /> <br />3 required by subsection (4) of this section, has been submitted and <br /> <br /> <br />4 considered. The consultation report shall be submitted within four <br /> <br /> <br />5 months after the filing of the application and shall include findings as to <br /> <br /> <br />6 whether the construction and use of any well proposed in the application <br /> <br /> <br />7 will injuriously affect the owner of, or persons entitled to use, water <br /> <br />8 under a vested water right or decreed conditional water right. In the case <br /> <br /> <br />9 of applications for determinations of rights to ground water from wells <br /> <br /> <br />10 described in section 37-90-137 (4), the application shall be supplemented <br /> <br /> <br />11 by evidence that the state engineer has issued or failed to issue, within <br /> <br /> <br />12 four months of AFTER the filing of the application in water court, a <br /> <br /> <br />13 determination as to the facts of such application. Such state engineer's <br /> <br /> <br />14 determination shall be made by the state engineer upon receipt from the <br /> <br /> <br />15 water clerk of a copy of the application, and no separate filing or <br /> <br />16 docketing with the state engineer shall be required. <br /> <br />17 SECTION 2. 37-92-305 (9), Colorado Revised Statutes, is <br /> <br /> <br />18 amended BY THE ADDITION OF A~EW_l'MAGRAPRto.Iead:.--------- <br />--- ---- ------------------------- <br /> <br />19 37-92-305. Standards with respect to rulings of the referee and <br /> <br /> <br />20 decisions of the water judge. (9) (d) IF THE APPLICANT IS THE OWNER OF <br /> <br /> <br />21 LAND OVERLYING GROUND W ATER IN THE DA WSON, DENVER, ARAPAHOE, <br /> <br />22 OR LARAMIE-Fox HILLS AQUIFERS, OR IS A MUNICIPAL OR <br /> <br /> <br />23 QUASI-MUNICIPAL WATER SUPPLIER THAT MAY ADOPT A DEEMED CONSENT <br /> <br /> <br />24 ORDINANCE OR RESOLUTION PURSUANT TO SECTION 37-90-137 (8), NO <br /> <br /> <br />25 CLAIM THAT INVOLVES THE DIVERSION OF WATER FROM ONE WATER <br /> <br />26 DIVISION AND ITS CONVEYANCE INTO ANOTHER WATER DIVISION FOR A <br /> <br />27 WATER RIGHT, CONDITIONAL WATER RIGHT, OR CHANGE OF WATER RIGHT <br /> <br />-3- <br /> <br />HB04-1091 <br />