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<br /> <br /> 1 For purposes of stich notice, THIS PARAGRAPH (b): <br />. 2 (I) The term "person" shall have the same meaning as is set forth <br /> 3 in section 37-90-137 (4) (b.5) (ll); <br /> 4 (II) THE APPLICANT MA YREL YUPON THE REAL ESTATE RECORDS OF <br /> 5 THE COUNTY OR COUNTIES IN WHICH THE LAND IS LOCATED; <br /> 6 (III) THE EVIDENTIARYREQUIREMENTIS SATISFIED BY SUBMISSION <br /> 7 OF A COpy OF THE NOTICE PROVIDED TO EACH SUCH RECORD OWNER OR A <br /> 8 COpy OF THE INSTRUMENT PROVING THE APPLICANT TO BE THE SOLE <br /> 9 RECORD OWNER; AND <br /> 10 (IV) THE APPLICANT'S FAILURE TO PROVIDE THE REQUIRED NOTICE <br /> 11 TO EACH SUCH RECORD OWNER SHALL NEITHER DEPRIVE THE WATER COURT <br /> 12 OF JURISDICTION NOR CONSTITUTE A DENIAL OF DUE PROCESS, BUT EVERY <br /> 13 RECORD OWNER WHO WAS NOT TIMELY PROVIDED WITH THE REQUIRED <br /> 14 NOTICE AND WHO HAS NOTPREVIOUSL YFILED A STATEMENT OF OPPOSITION <br />. 15 MAY, NOTWITHSTANDING PARAGRAPH (a) OF SUBSECTION (1) OF THIS <br /> 16 SECTION, FILE A STATEMENT OF OPPOSITION TOTHE APPLICATION AT ANY <br /> 17 TIME PRIOR TO ENTRY OF THE FINAL DECREE, AND THE WATER JUDGE AND <br /> 18 REFEREE SHALL CONSIDER ALL GROUNDS FOR OPPOSITION RAISED BY SUCH <br /> 19 RECORD OWNER THAT ARE COGNIZABLE UNDER THIS TITLE, INCLUDING THE <br /> 20 APPLICANT'S FAILURE TO PROVIDE THE REQUIRED NOTICE. <br /> 21 SECTION 3, Effective date. applicability, (1) This act shall <br /> 22 take effect at 12:01 a.m. on the day following the expiration of the <br /> 23 ninety-day period after final adjournment of the general assembly that is <br /> 24 allowed for submitting a referendum petition pursuant to article V, section <br /> 25 1 (3) of the state constitution; except that, if a referendum petition is filed <br /> 26 against this act or an item, section, or part of this act within such period, <br />. 27 then the act, item, section, or part, if approved by the people, shall take <br /> <br />-3- <br /> <br />HBOI-1077 <br />