LEG00254

• Bill Number: HB03-1001
• Year: 2003
• Title: Flexible Use of Water Resources
• Legislation - Doc Type: Other CWCB Related Bills - Passed

a water court and the court has not issued a decree, the state engineer may
approve the temporary operation of such plan OR CHANGE OF WATER RIGHT
as a substitute water supply plan if the following conditions are met:

(II) The applicant has provided written notice of the request for
approval of the substitute water supply plan by first-class mail or electronic
mail to all parties who have filed a statement of opposition to the plan in
water court and proof of such notice is filed with the state engineer, OR, IF
THE DEADLINE FOR FILING A STATEMENT OF OPPOSITION HAS NOT PASSED,
THE APPLICANT HAS PROVIDED WRITTEN NOTICE OF THE REQUEST FOR
APPROVAL OF THE SUBSTITUTE WATER SUPPLY PLAN BY FIRST -CLASS MAIL OR
ELECTRONIC MAIL TO ALL PARTIES WHO HAVE SUBSCRIBED TO THE
SUBSTITUTE WATER SUPPLY PLAN NOTIFICATION LIST FOR THE WATER
DIVISION IN WHICH THE PROPOSED PLAN IS LOCATED AND PROOF OF SUCH
NOTICE IS FILED WITH THE STATE ENGINEER;

(III) The state engineer has given the- oppllsels in thc watcr C.:ltllt
ease THOSE TO WHOM NOTICE WAS PROVIDED thirty days after the date of
mailing of such notice to file comments on the substitute water supply plan.
Such comments shall include any claim of injury, or any terms and
conditions that should be imposed upon the plan to prevent injury to an
opposer's water rights or decreed conditional water rights, and any other
information an opposer wishes the state engineer to consider in reviewing
the substitute water supply plan request.

(IV) The state engineer, after consideration of the comments from
ar.y "atc! c.:lurl oppose-r RECEIVED, has determined that the operation and
administration of such plan will replace all out-of-priority depletions in
time, location, and amount in a mannc! that will AND WILL OTHERWISE
prevent injury to other water rights and decreed conditional water rights,
including water quality and continuity to meet the requirements of use to
which the senior appropriation has normally been put, pursuant to section
37 -80-120 (3), and will not impair compliance with any interstate compacts.
The state engineer shall impose such terms and conditions as are necessary
to ensure that these standards are met. In making such determinations, the
state engineer shall not be required to hold any formal hearings or conduct
any other formal proceedings, but may conduct a hearing or formal
proceeding if the state engineer finds it necessary to address the issues.

(b) A substitute water supply plan approved pursuant to this
subsection (4) shall not be approved for a period of more than one year;

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