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.....u-1. 1."}1. rat)t; 1"" VI IJ water commission by filing a notice of appeal and the grounds therefor with the commission not later than thirty days ffflffl AFTER the date of last publication. The commission shall hear all such appeals pursuant to section 37 -90-113. The commission shall have authority to affirm or reject the measures or I'lt!-e!t REGULATIONS adopted by the district or to modify such measures OR REGULATIONS but only upon consent from the district board. Judicial review of commission actions in such appeals may be taken pursuant to section 37-90-115. (c) Any person adversely affected or aggrieved by an act of the district board, other than the announcement of control or conservation measures or I !lls3 llI'la regulations, has the right to be heard by the board. Such person shall file a written request for a hearing 'I"I'flieft THAT states the basis of the alleged injury. Tlmcllft~l, UNLESS AGREED OTHERWISE BY ALL PARTIES TO A HEARING OR UNLESS OTHERWISE APPROVED BY THE DISTRICT DUE TO EXTENUATING CIRCUMSTANCES, A HEARING SHALL BE HELD WITHIN ONE HUNDRED EIGHTY DAYS AFTER FILING THE REQUEST FOR SUCH A HEARING. Upon thirty days' written notice to all adverse parties, the district shall conduct a hearing upon the matter. Hearing procedures shall be as informal as possible, with due regard for the rights of the parties. All parties shall have the right to subpoena witnesses and to be heard either in person or by attorney. The district board may have such hearings conducted before an agent or hearing officer. After such hearing, the district board shall issue a written decision containing its findings and conclusions and shall serve its decision upon all parties by first-class mail. Judicial review of such district decisions may be taken in the manner and governed by the standards set forth for review of commission and state engineer decisions in section 37-90-115. (2) Subject to review by the ground water commission pursuant to subsection (I) of this section, the board may institute control measures OR REGULATIONS to prescribe satisfactory and economical measuring methods for the measurement of water levels in and the amount of water withdrawn from wells and to require reports to be made at the end of each pumping season showing the date and water level at the beginning of the pumping season, the date and water level at the end of the pumping season, and any period of more than thirty days cessation of pumping during such pumping season. SECTION 15. 37-92-602 (5), Colorado Revised Statutes, is amended to read: 37-92-602. Exemptions - presumptions - legislative declaration. (5) Any wells exempted by this section'l"l'flieft THAT were put to beneficial use prior to May 8,1972, llft) "e1l3 aeMllca b} 3ectill1l37 98 185 "hiek ,,~I~ ]'!It tl'l bellsMsilll H3S ]\lil\lll'l Mil:) 8, 197~, and any wells 'I"I'flieft THAT were used exclusively for monitoring and observation purposes prior to August I, 1988, not of record in the office of the state engineer may be recorded in that office upon written application, payment of a processing fee of sixty dollars, and permit approval. The record shall include the date the water is claimed to have been appropriated or first put to beneficial use. SECTION 16. Adjustments to the 1998 Long Bill. For the implementation of this act, appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 1998, shall be adjusted as follows: The appropriation to the department of natural resources, water resources division, groundwater management, is decreased by seven hundred sixty dollars ($760) cash funds. SECTION 17. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section I (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation ofthe governor. http://www.state.co.us/gov_dir/leg_dir/olls/sI1998/sI.290.htm 12/19/2001