BOARD02303

• Board Meeting Date: 5/19/2003
• Description: State Legislative Issues
• Board Meetings - Doc Type: Memo

.

e 1 COMMENTS RECEIVED, HAS DETERMINED THAT THE OPERATION AND
2 ADMINISTRATION OF THE PROPOSED LOAN WILL NOT CAUSE MATERIAL
3 INJURY TO OTHER WATER RIGHTS OR IMPACT COLORADO'S COMPACT
4 ENTITLEMENTS. THE DIVISION ENGINEER SHALL IMPOSE SUCH TERMS AND
5 CONDITIONS AS ARE NECESSARY TO ENSURE THAT THESE STANDARDS ARE
6 MET. IN MAKING THE DETERMINATIONS SPECIFIED IN THISSUBP ARAGRAPH
7 (VI), THE DIVISION ENGINEER SHALL NOT BE REQUIRED TO HOLD ANY
8 FORMAL HEARINGS OR CONDUCT ANY OTHER FORMAL PROCEEDINGS, BUT
9 MAY CONDUCT A HEARING OR FORMAL PROCEEDING IF THE DMSION
10 ENGINEER FINDS IT NECESSARY TO ADDRESS THE ISSUES.
11 (VII) THE DIVISION ENGINEER, SHALL APPROVE OR DENY THE
12 PROPOSED LOAN WITHIN TWENTY DAYS AFTER THE DATE OFMNLING OF
13 NOTICE UNDER SUBPARAGRAPH (n) OF THIS PARAGRAPH (b), OR WITHIN
e 14 FIVE DAYS AFTER THE APPLICANT PROVIDES EVIDENCE THAT ALL PERSONS
15 ENTITLED TO NOTICE OF THE APPLICATION UNDER SUBPARAGRAPH (II) OF
16 THIS PARAGRAPH (b) HAVE EITHER CONSENTED TO OR COMMENTED ON THE
17 APPLICATION.
18 (Vill) WHEN THE DIVISION ENGINEER APPROVES OR DENIES A
19 PROPOSED LOAN, THE DIVISION ENGINEER SHALL SERVE A COpy OF THE
20 DECISION ON ALL PARTIES TO THE APPLICATION BY FIRST-CLASS MAIL OR,
21 IF SUCH PARTIES HAVE SO ELECTED, BY ELECTRONIC MAIL. NEITHER THE
22 APPROVAL NOR THE DENIAL BY THE DMSION ENGINEER SHALL CREATE
23 ANY PRESUMPTIONS, SHIFTTHEBURDEN OFPROOF, OR SERVE AS ADEFENSE
24 IN ANY LEGAL ACTION THAT MAY BE INITIATED CONCERNING THE LOAN.
25 ANY APPEAL OF A DECISION BY THE DIVISION ENGINEER CONCERNING THE
26 LOAN PURSUANT TO THIS SECTION SHALL BE MADE TO THE WATER JUDGE
27 IN THE APPLICABLE WATER DIVISION WITHIN FIFTEEN DAYS AFTER THE
e
-5- 1320