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<br />e <br /> <br />I <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 />e <br /> <br />e <br /> <br />described in section 37-90- 13 7 (4), no application shall be heard on its <br /> <br /> <br />merits by the referee or water judge until a written consultation report, as . <br /> <br />required by subsection (4) of this section, has been submitted and <br /> <br />considered. The consultation report shall be submitted within four <br /> <br />months after the filing of the application and shall include findings as to <br /> <br /> <br />whether the construction and use of any well proposed in the application <br /> <br />will injuriously affect the owner of, or persons entitled to use, water <br /> <br />under a vested water right or decreed conditional water right. In the case <br /> <br /> <br />of applications for determinations of rights to ground water from wells <br /> <br />described in section 37 -90-13 7 (4), the application shall be supplemented <br /> <br /> <br />by evidence that the state engineer has issued or failed to issue, within <br /> <br /> <br />four months of AFTER the filing of the application in water court, a <br /> <br />determination as to the facts of such application. Such state engineer's <br /> <br />determination shall be made by the state engineer upon receipt from the <br /> <br /> <br />water clerk of a copy of the application, and no separate filing or <br /> <br />docketing with the state engineer shall be required. <br /> <br />SECTION 2. 37-92-305 (9), Colorado Revised Statutes, IS <br /> <br />amended BY THE ADDITION OF A NEW PARAGRAPH to read: <br /> <br /> <br />37-92-305. Standards with respect to rulings ofthe referee and <br /> <br /> <br />decisions of the water judge. (9) (d) IF THE APPLICANT IS THE OWNER OF <br /> <br />LAND OVERLYING GROUND WATER IN THE DAWSON, DENVER, ARAPAHOE, <br /> <br /> <br />OR LARAMIE-Fox HILLS AQUIFERS, OR IS A MUNICIPAL OR <br /> <br />QUASI-MUNICIPAL WATER SUPPLIER THAT MAY ADOPT A DEEMED CONSENT <br /> <br />ORDINANCE OR RESOLUTION PURSUANT TO SECTION 37-90-137 (8), NO <br /> <br />CLAIM THAT INVOLVES THE DIVERSION OF WATER FROM ONE WATER <br /> <br />DIVISION AND ITS CONVEYANCE INTO ANOTHER WATER DIVISION FOR A <br /> <br /> <br />WATER RIGHT, CONDITIONAL WATER RIGHT, OR CHANGE OF WATER RIGHT <br /> <br />-3- <br /> <br />HB03-1090 <br />