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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />b. If the commission's preliminary evaluation is positive, the application <br />is published. <br /> <br />c. Objections may be filed within the time stated in the published notice. <br />If objections are filed, a hearing is held. <br /> <br />d. The commission must find: (1) no impairment of existing rights; and <br />(2) no "unreasonable waste." <br /> <br />e. If the commission grants the application, the state engineer issues a <br />conditional permit within 45 days. <br /> <br />5. <br /> <br />Final permits are issued pursuant to C.R.S. 9 37-90-108. <br /> <br />a. After a conditional permit is issued, the well must be completed <br />within one year or the permit expires, except that one extension for <br />one year may be granted for good cause. <br /> <br />b. Proof of well completion must be "perfected" by filing a statement <br />with the ground water commission. <br /> <br />c. If the well is completed within the one-year or two-year period, the <br />applicant has three years from issuance of the conditional permit to <br />file an affidavit of beneficial use. The affidavit creates a rebuttable <br />presumption that the water has been placed to beneficial use. <br /> <br />d. If the affidavit is not filed within the three-year period, the <br />conditional permit expires. <br /> <br />e. To the extent that the statements in the affidavit are established, the <br />state engineer issues the final permit. <br /> <br />6. <br /> <br />C.R.S. 9 37-90-115 provides de novo review of ground water commission <br />and state engineer action before the "designated ground water judge" <br />appointed by the Colorado Supreme Court. <br /> <br />19 <br />