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<br /> <br />e <br /> <br />e <br /> <br />e <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 />(IV) The state engineer, after consideration of the comments from <br /> <br />lUly watGI COtH t \;Pl)o~Cj RECEIVED, has determined that the operation and <br /> <br />administration of such plan will replace all out-of-priority depletions in <br /> <br />time, location, and amount illll HlallllCI that will AND WILL OTHERWISE <br /> <br />prevent injury to other water rights and decreed conditional water rights, <br /> <br /> <br />including water qualityand continuity to meet the requirements of use to <br /> <br /> <br />which the senior appropriation has nonnally been put, pursuant to section <br /> <br />37-80-120 (3), and will not impair compliance with any interstate <br /> <br />compacts. The state engineer shall impose such terms and conditions as <br /> <br />are necessary to ensure that these standards are met. In making such <br /> <br />determinations, the state engineer shall not be required to hold any fonnal <br /> <br /> <br />hearings or conduct any otherfonnaLproceedings, but may conduct a <br /> <br />hearing or formal proceeding if the state. engineer finds it necessary to <br /> <br />address the issues. A SUBSTITUTE WATER SUPPLY PLAN APPROVED <br /> <br /> <br />PURSUANT TO THIS SUBSECTION (4) MA Y NOT APPROVE THE MOVEMENT OF <br /> <br />WATER OR WATER RIGHTS FROM ONEWATER DIVISION TO ANOTHER WATER <br /> <br />DIVISION THAT ARE NOT DECREED FOR USE IN SUCH OTHER DIVISION. <br /> <br />(5) (a) Beginning January I, 2002, for newwateruSe plans <br /> <br />involving out-of-priority diversions OR A CHANGE OF W A TERRIGHT, if no <br /> <br /> <br />applieation for approval.of a plan for augmentation OR A CHANGE OF <br /> <br />WATER R ICHT has been filed with a water court and the water use PLAN OR <br /> <br />CHANGE proposed and thedepletions associated with suthwateruse PLAN <br /> <br /> <br />OR CHANGE will be for a limited duration not to exceed five years, the <br /> <br />state engineer may approve such plan OR CHANGE as a substitute water <br /> <br />supply plan if the following conditions are met: <br /> <br />(IV) The state engineer, after consideration of the comments from <br /> <br /> <br />atI) oppose! RECEIVED, .hasdetermined that the operation and <br /> <br />-6- <br /> <br />1001 <br />