BOARD00248

• Board Meeting Date: 2/13/2001
• Description: Pending and Proposed Legislation - SB 01-161, Water Study/Water Bank
• Board Meetings - Doc Type: Memo

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APPLICANT, INCLUDING THE WATER DIVISION IN WHICH EACH SUCH ENTITY
IS LOCATED IN WHOLE OR PART;
(B) A PROPOSED WATER BANK CHARTER; AND
(C) A NARRATIVE DESCRIPTION OF THE APPLICANT'S PROPOSED'
WATER BANK OPERATIONS, INCLUDING IN P ARTICULAR HOW THEAPPLICANT
PROPOSES TO MEET THE REQUIREMENTS OF SECTION 37 -92- 305 (3).
SECTION 6. 37-92-304 (3), Colorado Revised Statutes, is
amended to read:
37-92-304. Proceedings by the water judge. (3) (a) As to the
rulings with respect to which a pleading has been filed and as to matters
which TIIAT have been rereferred to the water judge by the referee, there
shall be de novo hearings. The court shall not be bound by findings of the
referee. The division engineer shall appear to furnish pertinent
information and may be examined by any party, and, if requested by the
division engineer, the attorney general shaIl represent the division
engineer. The applicant shall appear either in person or by counsel and
shall have the burden of sustaining the application, whether it has been
granted or denied by the ruling or has been rereferred by the referee, and
in the case of a change of water right or a plan for augmentation the
burden of showing absence of any injurious effect. AIl parties of record
shaIl remain parties in the proceedings before the water judge. Any
person may move to intervene in proceedings before the water court upon
payment of a fee, equal to that for filing an answer to a civil action in
district court, except for the state engineer who shall pay no fee, and upon
a showing of mistake, inadvertence, surprise, or excusable neglect or to
support a referee's ruling. The water court shall grant the motion to
intervene only if intervention is sought no less than thirty days before anyF
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SBOl-161