BOARD01726

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

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SECTION 3. 37-92-303, Colorado Revised Statutes, is amended
to read:
37.92.303. Rulings by the referee. (1) Within sixty days from
AFfER the last day on which statements of opposition may be filed with
respect to a particular application, unless such time is extended by the
water judge for good cause shown, the referee shall make 1m A ruling un
the application unless he THE REFEREE determines to rerefer the matter to
the water judge as specified in subsection (2) of this section. The ruling
may disapprove the application in whole or in part in the discretion of the
referee even though no statements of opposition have been filed. The
ruling of the referee shall give the names of the applicants with respect
to each water right or conditional water right involved, the location of the
point of diversion or place of storage, the means of diversion, the type of
use, the amount and priority, and other pertinent information. In the case
of a plan for augmentation, such ruling shall include a complete statement
of such plan as approved or disapproved. The ruling shall be filed with
the water clerk, subject to judicial review. A copy of the ruling shall be
n.aikd SENT by the water clerk by ccrtifiGd or ""'5;~tcrGd REGULAR OR
ELECTRONIC mail to the applicant, to each person who has filed a
statement of opposition, to the state engineer, and to the division
engineer.
(2) The referee may determine illl';~ dj~GrGtion not to make a
ruling as specified in subsection (1) of this section and to rerefer the
matter to the water judge for a decision as provided in this article. Such
rereferral shall be accomplished by order of the referee, which shall be
entered within sixty days following the last month in which statements of
opposition may be filed with respect to the particular application, unless

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