BOARD02078

• Board Meeting Date: 2/13/2001
• Description: Pending and Proposed Legislation - HB 01-1077, Landowner Notification
• Board Meetings - Doc Type: Memo

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1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Legislative declaration. The general assembly
3 hereby finds that some water courts in the state routinely notify affected
4 surface landowners, while other water courts do not. It is the intent of the
5 general assembly to ensure the consistent administration of water matters
6 by water courts throughout the state of Colorado. Colorado's development
7 of water law continually observes consistency and proper administration
8 by the water courts as beneficial to the adjudication of water rights. The
9 general assembly further finds, detennines, and declares that through
10 administrative consistency the sanctity of existing water rights may further
11 be protected.
12 SECTION 2, 37-92-302 (2) (b), Colorado Revised Statutes, is
13 amended to read:
14 37-92-302, Applications for water rights or changes of such
15 rights - plans for augmentation. (2) (b) III the C<lSG of <lpplkations fO!
16 dGtGmUllatiOllS of lights to glOund "atGl flom \'9Glls dGSClibGd in section
17 37-90-137 (4), The application shall be supplemented by evidence that the
18 applicant has, within ten days after filing the application, given notice of
19 the application by registered or certified mail, return receipt requested, to
20 every record SURFACE owner of the ovGtl,ing land IDENTIFIED IN THE
21 LEGAL DESCRIPTION OF THE DIVERSION PROVIDED PURSUANT TO
22 PARAGRAPH (a) OF THIS SUBSECTION (2) AND OF THE LAND UPON WHICH
23 ANY NEW OR ALTERED DIVERSION, CONVEYANCE, OR DIVERSION
24 STRUCTIJRE SUBJECT TO THE APPLlCA TION IS LOCATED and to every person
25 who has a lien or mortgage on, or deed of trust to, thG OvGlI,ilIg SUCH land
26 recorded in the county in which the ovGll,ing SUCH land is located.llnd;

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HB01-1077