BOARD00534

• Board Meeting Date: 1/12/1998
• Description: 1998 Legislative Issues - Amendments to the Ground Water Management Act of 1965
• Board Meetings - Doc Type: Memo

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technically qualified to conduct or assist in such hearings. UNLESS

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AGREED OTHER WISE BY ALL PARTIES TO A HEARING OR UNLESS ORDERED

. 3 OTHERWISE BY THE COMMISSION DUE TO EXTENUATING CIRCUMSTANCES,
4 A HEARING PURSUANT TO THIS SECTION SHALL BE HELD WITHIN ONE'
5 HUNDRED EIGHTY DAYS AFTER THE FILING OF A REQUEST FOR SUCH A
6 HEARING. ApPEALS OF RULINGS OF THE AGENT DESIGNATED BY THE

7 COMMISSION SHALL BE REVIEWED AT ANY REGULAR OR SPECIAL

8 COMMISSION MEETING AT THE LOCATION CHOSEN BY THE COMMISSION FOR
9 THAT MEETING.
10 SECTION 11. 37-90-114, Colorado Revised Statutes, is amended

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11 to read:

12 37-90-114. Other administrative hearings. Any person claiming

13 to be injured WITHIN THE BOUNDARIES OF A DESIGNATED GROUND WATER

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BASIN by any act of the state engineer or commission under the provisions

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15 of this article, or the failure of the state engineer or commission to take

16 any action under the provisions of this article, other th8l'l the gntfltiftg 3f

17 Ii 3eftelitionlil y;c:lIl'ennit er aeftiaJ. of frI1 ebjccti,)fl to fl1I IiJlJlliclirien fer

18 Ii 3eftelitionlil ,;c:l1 permit ptlf3tlllilt to .;c:etiofl :7 ':'0 10'7, EXCEPT AS

] 9 PROvlDED FOR THE S:Vl..:..LL CAPACITY WELLS IN SECTION 37-90- ]05, shall

20 file a written petition with the commission stating the basis of the alleged

21 injury. Thereafter, only upon request by a petitioner and upon thirty days'

,-, \vritten notice to any ad,'erse party, the commission shall conduct a

23 hearing upon the pention in the manner provided in section 37-90-] 13. 1 f

24 notice of any such act has been published pursuant to section 37-90-112

25 and no hearing has been requested pursuant to such notice, this section

26 shall not be consnued to create a subsequent or additional right to request

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