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<br />Ch. 276 <br /> <br />WateT and Irrigation <br /> <br />(2) (b) In determining whetherornot injury will occur, the division engineer shall <br />ensure THAT the following conditions are met: <br /> <br />(III) The proposed use ofthe loaned water right is for AGRtCUL TURAL IRRIGATION <br />PURPOSES OR FOR instream flow purposes BYTHE COLORADO WATER CONSERV A nON <br />BOARD; <br /> <br />(VI) The division engineer, after consideration of any comments received, has <br />determined that the operation and administration of the proposed loan will not cause <br />lUu.t"'~~al injury to other DECREED water rights V~ ;mp"...t AND FOR LOANS MADE <br />PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (2), WtLL NOT AFFF.cT Colorado's <br />compact entitlements. The division engineer shall impose such terms and conditions <br />as are necessary to ensure that these standards are met. In making the determinations <br />specified in this subparagraph (VI), the division engineer shall not be required to hold <br />any formal hearings or conduct any other formal proceedings, but may conduct a <br />hearing or formal proceeding if the division engineer finds it necessary to address the <br />issues. <br /> <br />(VII) The division engineer shall approve or deny the proposed loan within twenty <br />days after the date of mailing of notice under subparagraph (II) of this paragraph (b), <br />or within five days after the applicant provides evidence that all persons entitled to <br />notice of the application under subparagraph (II) of this paragraph (b) have either <br />consented to or commented on the application, WHICHEVER IS EARLIER. <br /> <br />SECTION 2, Appropriation. In addition to any other appropriation, there is <br />hereby appropriated, out of any moneys in the ground water management cash fund <br />created in section 37-80-111.5, Colorado Revised Statutes, not otherwise <br />appropriated, to the department of natural resources, for allocation to division of <br />water resources, for the fiscal year beginning July 1, 2004, the sum of three hundred <br />dollars ($300), or so much thereof as may be necessary. for the implementation of <br />this act. <br /> <br />SECTION 3. Applicability. This act shall apply to loans of agricultural water <br />rights occurring on or after the effective date of this act. <br /> <br />SECTION 4. Safely clause. The general assembly hereby finds, determines, and <br />declares that this act is necessary for the immediate preservation of the public peace, <br />health, and safety. <br /> <br />_._Approved:.May.21,.2004 <br /> <br />1015 <br />