LEG00236

• Bill Number: SB83-15
• Year: 1983
• Title: Concerning Reservoirs and Relating to the Inspection and Regulation Thereof and the Provision of Liability Insurance Therefor and Making an Appropriation Therefor
• Legislation - Doc Type: Other CWCB Related Bills - Killed

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consulting board, but, in every case, the final decision shall

2 rest solely with the state engineer.

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SECTION 5. 37-87-111, Colorado Revised Statutes 1973, is

4 amended to read:

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37-87-111. Expense of examination. The person calling

6 upon the state engineer to perform the duty required of him by

section 37-87-109 shall pay him in advance when requested or

invoiced expenses, as provided in section 37-87-106, and

mileage at the PREVAILING rate of-t~n-c~nts-p~r-mite FOR STATE
EMPLOYEES for each mile actually and necessarily traveled in
going to and from said reservoir, and should the state

engineer find upon examination that such reservoir is in an

unsafe condition, the owners thereof shall be liable for all

expenses incurred in such examination.

SECTION 6. 37-87-112, Colorado Revised Statutes 1973, is

amended to read:

37-87-112. Appeal from decision of engineer.

In the

18 event of either party being dissatisfied with the decision of

19 the state engineer MADE UNDER SECTION 37-87-109, he may take

20 an appeal to the district court of the county wherein said
21 'reservoir is located, and said court shall hear and determine

22 the matter summarily at the earliest practicable time without

23 written pleadings or the aid of a jury, subject to the right

24 of either party to take an appeal as in other civil cases;

25 except that the judgment of the state engineer shall control

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until final determination of the cause.

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