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<br />'70-11Jl <br /> <br />rage:> or 1.) <br /> <br />PERMITS. <br /> <br />ffl (5) The state engineer shall act upon an application filed under this section within forty-five <br />days after such filing and shall support ~ THE ruling with a written statement of the basis therefor. lltffi <br />toLe pIa ,i3i5113 of mtide 1aftitle 21, C.R.S., J1.all tlppl). <br /> <br />(6) (a) ANY PERSON AGGRIEVED BY A DECISION OF THE STATE ENGINEER <br />GRANTING OR DENYING AN APPLICATION UNDER THIS SECTION MAY REQUEST A <br />HEARING BEFORE THE STATE ENGINEER PURSUANT TO SECTION 24-4-104, C.RS. THE <br />STATE ENGINEER MAY, IN THE STATE ENGINEER'S DISCRETION, HAVE SUCH HEARINGS <br />CONDUCTED BEFORE SUCH AGENT AS IT MAY DESIGNATE FOR A RULING IN THE <br />MATTER. ANY PARTY WHO SEEKS TO REVERSE OR MODIFY THE RULING OF THE AGENT <br />OF THE STATE ENGINEER MAY FILE AN APPEAL TO THE STATE ENGINEER PURSUANT <br />TO SECTION 24-4-105, C.RS. <br /> <br />(b) ANY PARTY AGGRIEVED BY A FINAL DECISION OF THE STATE ENGINEER <br />GRANTING OR DENYING AN APPLICATION FILED UNDER THIS SECTION MAY WITHIN <br />THIRTY DAYS AFTER SUCH DECISION FILE A PETITION FOR REVIEW WITH THE <br />DISTRICT COURT IN THE COUNTY IN WHICH THE WELL IS LOCATED. UPON RECEIPT OF <br />SUCH PETITION, THE DESIGNATED GROUND WATER JUDGE FOR THE BASIN IN WHICH <br />THE WELL IS LOCATED SHALL CONDUCT SUCH HEARINGS, PURSUANT TO SECTION 24- <br />4-106, C.RS., AS NECESSARY TO DETERMINE WHETHER OR NOT THE DECISION OF THE <br />STATE ENGINEER SHALL BE UPHELD. IN ANY CASE IN WHICH THE STATE ENGINEER'S <br />DECISION IS REVERSED, THE JUDGE SHALL ORDER THE STATE ENGINEER TO GRANT OR <br />DENY THE APPLICATION, AS SUCH REVERSAL MAY REQUIRE, AND MAY SPECIFY SUCH <br />TERMS AND CONDITIONS AS ARE APPROPRIATE. <br /> <br />(7) THE BOARD OF ANY GROUND WATER MANAGEMENT DISTRICT HAS THE <br />AUTHORITY TO ADOPT RULES THAT FURTHER RESTRICT THE ISSUANCE OF SMALL <br />CAPACITY WELL PERMITS. IN ADDITION, THE BOARD OF ANY GROUND WATER <br />MANAGEMENT DISTRICT HAS THE AUTHORITY TO ADOPT RULES THAT EXPAND THE <br />ACRE-FOOT LIMITATIONS FOR SMALL CAPACITY WELLS SET FORTH IN THIS SECTION. <br />HOWEVER, IN NO EVENT SHALL AN ANNUAL VOLUME OF MORE THAN EIGHTY ACRE- <br />FEET BE ALLOWED FOR ANY SMALL CAPACITY WELL. RULES ADOPTED BY THE BOARD <br />MAYBE INSTITUTED ONLY AFTER A PUBLIC HEARING. NOTICE OF SUCH HEARING <br />SHALL BE PUBLISHED. SUCH NOTICE SHALL STATE THE TIME AND PLACE OF THE <br />HEARING AND DESCRIBE, IN GENERAL TERMS, THE RULES PROPOSED. WITHIN SIXTY <br />DAYS AFTER SUCH HEARING THE BOARD SHALL ANNOUNCE THE RULES ADOPTED <br />AND SHALL CAUSE NOTICE OF SUCH ACTION TO BE PUBLISHED. IN ADDITION, THE <br />BOARD SHALL MAIL, WITHIN FIVE DAYS AFTER THE ADOPTION OF THE RULES, A COPY <br />OF THE RULES TO THE STATE ENGINEER ANY PARTY ADVERSELY AFFECTED OR <br />AGGRIEVED BY SUCH A RULE MAY, NOT LATER THAN THIRTY DAYS AFTER THE LAST <br />DATE OF PUBLICATION, INITIATE JUDICIAL REVIEW IN ACCORDANCE WITH THE <br />PROVISIONS OF SECTION 24-4-106, C.R.S.; EXCEPT THAT VENUE FOR SUCH JUDICIAL <br />REVIEW SHALL BE IN THE DISTRICT COURT FOR THE COUNTY IN WHICH THE OFFICE OF <br />THE GROUND WATER MANAGEMENT DISTRICT IS LOCATED. <br /> <br />SECTION 5.37-90-107 (5), Colorado Revised Statutes, is amended, and the said 37-90-107 is <br />further amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read: <br /> <br />37-90-107. Application for use of ground water - publication of notice - conditional permit- <br /> <br />http://www.state.co.us/gov_dir/leg_dir/olls/sI1998/s1.290.htm <br /> <br />12/19/2001 <br />