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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 />pretrial conference or due date for trial data certificates and if intervention <br />will not unduly delay or prejudice the adjudication of the rights of the <br />original parties. Service of copies of applications, written pleadings, or <br />any other documents is not necessary for jurisdictional purposes, but the <br />water judge may order service of copies of any documents on any persons <br />and in any manner which he THE WATER JUDGE deems appropriate. <br />(b) IN THE CASE OF AN APPLICATION FOR APPROVAL OF A WATER <br />BANK CHARTER THAT HAS BEEN GRANTED PURSUANT TO SECTION <br />37-60-131, THE APPLICANT SHALL HAVE THE BURDEN OF SUSTAINING THE <br />APPLICATION, WHETHER IT HAS BEEN GRANTED OR DENIED BY THE RULING <br />OR HAS BEEN REREFERRED BY THE REFEREE, AND SHALL ALSO HAVE THE <br />BURDEN OF SHOWING BY CLEAR AND CONVINCING EVIDENCE THAT <br />OPERATION OF THE BANK PURSUANT TO ITS CHARTER IS LIKELY TO ENSURE <br />THAT THERE WILL BE NO INJURIOUS EFFECT ON THE OWNER OF OR PERSONS <br />ENTITLED TO USE WATER UNDER A VESTED WATER RIGHT OR A DECREED <br />CONDITIONAL WATER RIGHT. <br />SECTION 7. 37-92-305 (3), Colorado Revised Statutes, IS <br />amended to read: <br />37-92-305. Standards with respect to rulings of the referee and <br />decisions of the water judge. (3) (a) A change of water right or plan for <br />augmentation, including water exchange project, shall be approved if such <br />change or plan will not injuriously affect the owner of or persons entitled <br />to use water under a vested water right or a decreed conditional water <br />right. In cases in which a statement of opposition has been filed, the <br />applicant shall provide to the referee or to the water judge, as the case <br />may be, a proposed ruling or decree to prevent such injurious effect in <br />advance of any hearing on the merits of the application, and notice of such <br /> <br />-13- <br /> <br />SBOl-161 <br />