BOARD01726

• Board Meeting Date: 3/22/2005
• Description: Current State Legislative Issues
• Board Meetings - Doc Type: Memo

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Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 37-92-302 (2) (b), (2) (c), and (3) (b), Colorado
Revised Statutes, are amended to read:
37-92-302. Applications for water rights or changes of such
rights - plans for augmentation. (2) (b) In tiK eMe. of <tpPI:ie..rti()H~ fm

d""b..-HitlIUlh01l6 of J.lght~ to gtvufid vvdh..-.I. fJ.oJ.u ~,ll& dG~""J.lbGd in ~c(.tion

37"98 137 (4), The application shall be supplemented by evidence that
the applicant has, within ten days after filing the application, given notice
of the application by registered or certified mail, return receipt requested,
to:

(I) IN TIlE CASE OF APPLICATIONS FOR DETERMINATIONS OF RlGHTS
TO GROUND WATER FROM WELLS DESCRIBED IN SECTION 37-90-137 (4),
every record owner of the overlying land and to every person who has a
lien or mortgage on, or deed of trust to, the overlying land recorded in the
county in which the overlying land is located, and, for purposes of such
notice, the term "person" shall have the same meaning as is set forth in
section 37-90-137 (4) (b.5); AND
(II) THE OWNER OF TIlE LAND UPON wmCH ANY NEW DIVERSION OR
STORAGE STRUCTURE OR MODIFICATION TO ANY EXISTING DIVERSION OR
STORAGE STRUCTURE OR EXISTING STORAGE POOL IS OR WILL BE
CONSTRUCTED OR UPON wmCH WATER IS OR WILL BE STORED. IN
DETERMINING TIlE OWNER OF POTENTIALLY AFFECTED LAND FOR PURPOSES
OF SUCH NOTICE, TIlE APPLICANT MAY RELY UPON THE REAL ESTATE
RECORDS OF TIlE COUNTY ASSESSOR FOR TIlE COUNTY OR COUNTIES IN
WHICH TIlE LAND IS LOCATED.
(c) The provisions of paragraph (b) of this subsection (2) do not

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