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70-1. 1..J1. rage IV Ul 1.J volume of appropriation, place, time, or type of use of and by any water right, or of any well location, either conditional or final, granted under the authority of the commission but only upon such terms and conditions as will not cause material injury to the vested rights of other appropriators. No such change 'I"I'flieft THAT increases the volume of appropriation beyond that authorized by the original decree, conditional permit, registration statement, or other well permit issued prior to basin designation shall be authorized, and no such change shall be approved until after publication of such application as provided in section 37-90-112; EXCEPT THAT PUBLICATION SHALL NOT BE REQUIRED TO APPROVE A TEMPORARY CHANGE PURSUANT TO THE RULES ADOPTED BY THE COMMISSION AND except that publication shall not be required for replacement III aM15atitHte wells 'I"I'flieft THAT are relocated no further than the maximum distance allowed by district rules and regulations without prior board approval or by commission policy where no district exists or where no district rule has been adopted. SECTION 10. 37-90-113 (2), Colorado Revised Statutes, is amended to read: 37-90-113. Hearings. (2) In any hearings required to be conducted by the commission, it may, in its discretion, have such hearings conducted before such agent as it may designate, either alone or in conjunction with the appearance of the commission if the agent is technically qualified to conduct or assist in such hearings. UNLESS AGREED OTHER WISE BY ALL PARTIES TO A HEARING OR UNLESS ORDERED OTHERWISE BY THE COMMISSION DUE TO EXTENUATING CIRCUMSTANCES, A HEARING PURSUANT TO THIS SECTION SHALL BE HELD WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE FILING OF A REQUEST FOR SUCH A HEARING. APPEALS OF RULINGS OF THE AGENT DESIGNATED BY THE COMMISSION SHALL BE REVIEWED AT ANY REGULAR OR SPECIAL COMMISSION MEETING AT THE LOCATION CHOSEN BY THE COMMISSION FOR THAT MEETING. SECTION 11. 37-90-114, Colorado Revised Statutes, is amended to read: 37-90-114. Other administrative hearings. Any person claiming to be injured WITHIN THE BOUNDARIES OF A DESIGNATED GROUND WATER BASIN by any act of the state engineer or commission under the provisions of this article, or the failure of the state engineer or commission to take any action under the provisions of this article, aMicI tftM. the f,Ifi'ntinb af a BaHaitiaflal .. ell p.:.uuit 51 d~flifil of un ahjeeti<Hl 15 ft11 Uf;131ieati51'1 reI fi colla.itiaHal ..ell peImit j5t:t.13tlfint to ~eetiafl. 2799 197, EXCEPT AS PROVIDED FOR THE SMALL CAPACITY WELLS IN SECTION 37-90-105, shall file a written petition with the commission stating the basis of the alleged injury. Thereafter, only upon request by a petitioner and upon thirty days' written notice to any adverse party, the commission shall conduct a hearing upon the petition in the manner provided in section 37-90-113. Ifnotice of any such act has been published pursuant to section 37-90-112 and no hearing has been requested pursuant to such notice, this section shall not be construed to create a subsequent or additional right to request a hearing concerning such act. SECTION 12. 37-90-116 (I) (I), Colorado Revised Statutes, is amended, and the said 37-90-116 (I) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read: 37-90-116. Fees. (I) The state engineer or the commission shall collect the following fees: (I) The actual expenses of publication, if any is required, which sums shall be promptly billed to the applicant and paid prior to the approval of any permit or other application, UNLESS THE COMMISSION REQUIRES THE APPLICANT TO PAY THESE EXPENSES DIRECTLY TO THE NEWSPAPER, AND THE APPLICANT PROVIDES A PROOF OF SUCH PAYMENT TO THE http://www.state.co.us/gov_dir/leg_dir/olls/sI1998/sI.290.htm 12/19/2001