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Last modified
8/15/2009 11:41:19 AM
Creation date
9/30/2006 8:12:30 PM
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Template:
Legislation
Bill Number
SB04-185
Year
2004
Title
Concerning nonexempt well permit requirements
Legislation - Doc Type
Other CWCB Related Bills - Passed
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<br />Ch. 300 <br /> <br />Water and Irrigation <br /> <br />DOLLARS FOR THE EXTENSION. <br /> <br />(II) IF THE REQUIREMENTS OF SECTION 37-92-301 ARE MET, THE EXPIRATION OF <br />ANY PERMIT PURSUANT TO THIS PARAGRAPH (a) ASSOCIATED WITH A CONDITIONAL <br />GROUND WATER RIGHT SHALL NOT BE THE SOLE BASIS TO DETERMINE THE EXISTENCE <br />OF REASONABLE DILIGENCE TOWARD COMPLETION OF SUCH CONDITIONAL WATER <br />RIGHT. <br /> <br />(1lI) THE STATE ENGINEER MAY REQUIRE THE METERING OR OTHER REASONABLE <br />MEASUREMENT OF WITHDRAWALS OF GROUND WATER PURSUANTTQ PERMITS AND THE <br />REASONABLE RECORDING AND DISCLOSURE OF SUCH MEASURED WlTHDRA W ALS. <br /> <br />SECTION 2.37-90-137 (3) (c), Colorado Revised Statutes, is amended to read: <br /> <br />37-90-137. Permits to construct well. outside designated basin. - fee. - <br />permit no ground water right - evidence ~ time limitation - well permits - <br />repeal. (3) (c) If evidence that Vl'al",~ lu."J b........1I pla........d tv b....u....f......;<tl u.,.... V" .hot;........ uf <br />ndl ....ulllpl....t;uu THE WELL HAS BEEN CONSTRUCTED AND THAT THE PUMP WAS <br />INSTALLED, as required pursuant to paragraph (a) ofthis subsection (3), has not been <br />received as ofthe expiration date ofthe permit to construct a well, the state engineer <br />shall so notify Ihe applicant by certified mail. The notice shall give Ihe applicant Ihe <br />opportunity to submit p.lbof Hlal HI'" nll.t{.,1 "HI,;) pul tb b(..lId:...~(.l, u.,... lAibl 10 lL... <br />",,,,,p;lal;vu dab.. VI IIVt;'-N tllalll~.:. "...11 YOU., "'VlHpI...t...d PI;VI tv 111':' ...^p;lat;vlI Jut..., bul, <br />du{., lv ..........uJ.abl... JlGska, ;lIad"Glt(..I~o.., v, 1II;"lukG, tllG aP...I;........l fJikJ tv .,..(blll;l till. <br />(,y;J"'II"'''' VI .1101;",,,, VII t;III'" EVIDENCE THAT THE WELL WAS CONSTRUCTED AND THAT <br />THE PUMP WAS INSTALLED BEFORE THE EXPIRATION DATE. The proof EVIDENCE must <br />be received by the state engineer within twenty days of AFTER receipt of the notice by <br />the applicanI and must be accompanied by a filing fee of thirty dollars. If the state <br />engineer finds the pmtrf EVIDENCE to be satisfactory, the permit shall remain in force <br />and effect. The state engineer shall consider any records available in the state <br />engineer's office, and any evidence provided to the state engineer, and all other <br />matters set forth in this section in determining whether the permit should remain in <br />force and effect <br /> <br />SECTION 3. Applicability. This act shall apply to nonexempt well permits <br />issued before, on, or after the effective date of this act. <br /> <br />SECTION 4. Safety dau.e. The general assembly hereby finds, determines, and <br />declares that this act is necessary for the immediate preservation of the public peace, <br />__h"l!!JQ,J!Ild safetv, <br /> <br />Approved: May 27,2004 <br /> <br />1129 <br />
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