BOARD01682

• Board Meeting Date: 1/27/2004
• Description: Updated 2004 State Legislative Issues
• Board Meetings - Doc Type: Memo

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1 division engineer shall ensure THAT the following conditions are met:

2 (III) The proposed use of the loaned water right is for

3 AGRlCUL TURAL IRRIGATION PURPOSES OR FOR instream flow purposes BY

4 THE COLORADO WATER CONSERVATION BOARD;

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6 (VI) The division engineer, after consideration of any comments

7 received, has determined that the operation and administration of the

8 proposed loan will not cause matelial injury to other DECREED water

9 rights or in1pact AND FOR LOANS MADE PURSUANT TO PARAGRAPH (a) OF

10 THIS SUBSECTION (2), WILL NOT AFFECT Colorado's compact entitlements.

11 The division engineer shall impose such terms and conditions as are

12 necessary to ensure that these standards are met. In making the

13 determinations specified in this subparagraph (VI), the division engineer

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

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

16 the division engineer finds it necessary to address the issues.

17 (VII) The division engineer shaH approve or deny the proposed

18 loan within twenty days after the date of mailing of notice under

19 subparagraph (II) of this paragraph (b), or within five days after the

20 applicant provides evidence that aH persons entitled to notice of the

21 application under subparagraph (II) of this paragraph (b) have either

22 consented to or commented on the application, WHICHEVER IS EARLIER.

23 SECTION 2. Appropriation. In addition to any other

24 appropriation. there is hereby appropriated. out of any moneys in the

25 ground water management cash fund created in section 37-80-111.5.

26 Colorado Revised Statutes. not otherwise appropriated. to the department

27 of natural resources. for allocation to division of water resources. for the

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