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<br />except that an applicant may request the renewal of a plan by repeating the <br />application process described in this subsection (4). If an applicant requests <br />a renewal of a plan that would extend the plan past three years from the <br />initial date of approval, the applicant shall demonstrate to the state engineer <br />that the delay in obtaining a water court decree is justifiable and that not <br />being able to continue operating under a substitute water supply plan until <br />a decree is entered will cause undue hardship to the applicant. If an <br />applicant requests renewal of a plan that would extend the plan past five <br />years from the initial date of approval, the applicant shall demonstrate to the <br />water judge in the applicable water division that the delay in obtaining a <br />decree has been justifiable and that not being able to continue operating <br />under a substitute water supply plan until a decree is entered will cause <br />undue hardship to the applicant. ApPROVAL OF A PLAN PURSUANT TO <br />SUBSECTION (5) OF THIS SECTION SHALL BE DEEMED TO BE APPROVED UNDER <br />THIS SUBSECTION (4) FOR PURPOSES OF CALCULATING THE NUMBER OF YEARS <br />SINCE THE INITIAL DATE OF APPROVAL. <br /> <br />(5) (a) Beginning January 1, 2002, for new water use plans <br />involving out-of-priority diversions OR A CHANGE OF WATER RIGHT, if no <br />application for approval of a plan for augmentation ORA CHANGE OFW ATER <br />RIGHT has been filed with a water ~ourt and the water use PLAN OR CHANGE <br />proposed and the depletions associated with such water use PLAN OR <br />CHANGE will be for a limited duration not to exceed five years, the state <br />engineer may approve such plan OR CHANGE as a substitute water supply <br />plan if the following conditions are met: <br /> <br />(IV) The state engineer, after consideration of the comments from <br />allY opposcr RECEIVED, has determined that the operation and <br />administration of such plan will replace all out-of-priority depletions in <br />time, location, and amount in a manue-! thal ",ill AND WILL OTHERWISE <br />prevent injury to other water rights and decreed conditional water rights, <br />including water quality and continuity to meet the requirements of use to <br />which the senior appropriation has normally been put, pursuant to section <br />37-80-120 (3) and will not impair compliance with any interstate compacts. <br />The state engineer shall impose such terms and conditions as are necessary <br />to ensure that these standards are met. In making the determinations <br />specified in this subparagraph (IV), the state engineer shall not be required <br />to hold any formal hearings or conduct any other formal proceedings, but <br />may conduct a hearing or formal proceeding if the state engineer finds it <br />necessary to address the issues. <br /> <br />PAGE 5-HOUSE BILL 03-1001 <br />