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<br />I (c) THE DIVISION ENGINEER SHALL NOT RECORD THE USE OF THE e <br />2 WATER ON EITHER THE DIVERSION RECORDS FOR THE SURFACE WATER <br />3 RIGHT OR THE AUGMENTED WATER RIGHT, NOR SHALL THE USE OF THE <br />4 WATER BE CONSIDERED PART OF THE HISTORIC CONSUMPTIVE USE OF ANY <br />5 WATER RIGHT. <br />6 (d) THE DIVISION ENGINEER SHALL NOT APPROVE THE USE OF <br />7 SURFACE WATER FOR AUGMENTATION OR REPLACEMENT USE FOR MORE <br />8 THAN THREE YEARS UNLESS THE OWNER OF THE WATER RIGHT HAS FILED <br />9 AN APPLICATION IN WATER COURT TO APPROVE A CHANGE OF THE WATER <br />10 RIGHT. <br />11 (e) NEITHER THE APPROVAL NOR THE DENIAL OF A LOAN OF WATER <br />12 RIGHT BY THE DIVISION ENGINEER SHALL CREATE A PRESUMPTION, SHIFT <br />13 THE BURDEN OF PROOF, OR BE A DEFENSE IN ANY LEGAL ACTION THAT MAY <br />14 BE INITIATED CONCERNING THE CHANGE OF THE LOANED WATER RIGHT. e <br />15 SECTION 5. Safety clause. The general assembly hereby finds, <br />16 determines, and declares that this act is necessary for the immediate <br />17 preservation of the public peace, health, and safety. <br /> <br />e <br /> <br />-8- <br /> <br />SB03-073 <br /> <br />I, <br /> <br />j,~ <br />