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<br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br /> <br />intends to rely on to the extent such records exist. In the case of <br />applications AN APPLICATION FOR APPROVAL OF A WATER BANK CHARTER <br />THAT HAS BEEN GRANTED PURSUANT TO SECTION 37-60-131 OR that will <br />require construction of a well, other than applications for determinations <br />of rights to ground water from wells described in section 37-90-137 (4), <br />no application shall be heard on its merits by the referee or water judge <br />until a written consultation report, as required by subsection (4) of this <br />section, has been submitted and considered. The consultation report shall <br />be submitted within four months after the filing of the application and <br />shall include findings as to whether the construction and use of any well <br />proposed in the application will injuriously affect the owner of, or persons <br />entitled to use, water under a vested water right or decreed conditional <br />water right OR WHETHER OPERATION OF A WATER BANK PURSUANT TO ITS <br />CHARTER IS LIKELY TO ENSURE THAT THERE WILL BE NO INJURIOUS EFFECT <br />ON THE OWNER OF OR PERSONS ENTITLED TO USE WATER UNDER A VESTED <br />WATER RIGHT OR A DECREED CONDITIONAL WATER RIGHT. In the case of <br />applications for determinations of rights to ground water from wells <br />described in section 37-90-137 (4), the application shall be supplemented <br />by evidence that the state engineer has issued or failed to issue, within <br />four months of the filing of the application in water court, a determination <br />as to the facts of such application. Such state engineer's determination <br />shall be made by the state engineer upon receipt from the water clerk of <br />a copy of the application, and no separate filing or docketing with the <br />state engineer shall be required. <br />(II) FORMS FOR APPROVAL OF A WATER BANK CHARTER SHALL <br />REQUIRE SUBMISSION OF THE FOLLOWING INFORMATION: <br />(A) A LIST OF THE GOVERNMENT ALENTITIES THATCONSTlTUTE THE <br /> <br />-11- <br /> <br />SBOI-161 <br />