BOARD00951

• Board Meeting Date: 3/24/2003
• Description: State Legislative Issues
• Board Meetings - Doc Type: Memo

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administration of such plan will replace all out-of-prioritydepletions in

timc, location, and amount itlII n,anll':;l that l'iill AND WILL OTHERWISE

prevent injury to other water rights and decreed conditional water rights,

including water quality and continuity to meet the requirements of use to

which the senior appropriation has normally been put, pursuant to section

37-80-120 (3) and will not impair compliance with. any interstate

compacts. The state engineer shall imposc such terms arid conditions as

are necessary to ensure that these standards are met. III making the

detenninations specified in this subparagraph (IV), the .state engineer

shall not be required to hold any formal hearings or conduct any other

formal proceedings, but may conduct a hearing or formal proceeding if

the state cngineer finds it necessary to addrcsstheissues. A SUBSTITUTE

WATER SUPPL Y PLAN APPROVEDPURSuANTTO THIS SUBSECTION (5) MAY

NOT APPROVE THE MOVEMENT OF WATER OR WATER RIGHTS FROM ONE

WATER DIVISION TO ANOTHER WATER DIVISION THATARE NOT DECREED

FOR USE IN SUCH OTHER DIVISION.

(b) A substitute water supply plan approved pursuant to this

subsection (5) shall notbe.approved fora period of more than one year;

except that an applicant may request the renewal of a plan by repeating

the application process described in this subsection (5); However, in no

event shall any plan approved pursuant to this subsection (5) be

APPROVED OR renewedbe}olldFORMORE THAl\i five years. aftenh.: initial

date of IIpplO val.

(9) IF ANENTITY PAYS FOR REPAIRS, MAINTENANCE, DREDGrNG, OR

OTHER IMPROVEMENTS,lNCLUI)ING CAPITAL IMPROVEMENTS, THAT ARE

NECESSARY AND EFFECTIVE IN REMOVING A STORAGE RESTRICTION

IMPOSED BY THEST A TEENGINEER PURSUANT TO SECTION 3 7 -87~1 07 ON A

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