BOARD02303

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

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PREVENT EROSION AND BLOWING SOILS AND A DESCRIPTION OF

COMPLIANCE WITH LOCAL COUNTY NOXIOUS WEED REGULATIONS AND

OTHER LAND USE PROVISIONS. THE STATE ENGINEER SHALL IMPOSE SUCH

TERMS AND CONDITIONS AS ARE NECESSARY TO ENSURE THAT THESE

STANDARDS ARE MET. IN MAKING THE DETERMINATIONS SPECIFIED IN TillS

PARAGRAPH (b), THE STATE ENGINEER SHALL NOT BE REQUIRED TO HOLD

ANY FORMAL HEARING OR CONDUCT ANY OTHER FORMAL PROCEEDINGS,

BUT MAY CONDUCT A HEARING OR FORMAL PROCEEDING IF THE STATE

ENGINEER FINDS IT NECESSARY TO ADDRESS THE ISSUES.

(c) AN INTERRUPTIBLE WATER SUPPLY AGREEMENT APPROVED
PURSUANT TO THIS SECTION SHALL BE OPERATED ONLY:

(I) DURING THE CALENDAR YEAR IN WillCH A DROUGHT OR OTHER
EMERGENCY DECLARED BY THE GOVERNOR PURSUANT TO SECTION
24-32-2104. C.R.S.. IN THE COUNTY OF ORIGIN OR USE: AND
a.n DURING THE FIRST FULL CALENDAR YEAR AFTER THE
CALENDAR YEAR DURING WillCH THE EMERGENCY DECLARED PURSUANT
TO SUBPARAGRAPH m OF TillS PARAGRAPH (C) TERMINATES.
L<;!)'.THE APPLICANT SHALL GIVE NOTICE BY MARCH I OF ANY YEAR
THAT THE OPTION IS TO BE EXERCISED TO ALL PARTIES WHO FILED
COMMENTS WITH THE STATE ENGINEER PURSUANT TO THIS SECTION.
UNLESS EARLIER REOUIRED IN THE AGREEMENT: EXCEPT TIIAT THE OPTION
MAY BE EXERCISED AT ANY TIME DURING 2003.
(4) WHEN THE STATE ENGINEER APPROVES OR DENIES AN
INTERRUPTIBLE WATER SUPPLY AGREEMENT, THE STATE ENGINEER SHALL
SERVEACOPY OF THE DECISION UPON ALL PARTIES TO THE APPLICATION BY

FIRST-CLASS MAIL OR, IF SUCH PARTIES HAVE SO ELECTED, BY ELECTRONIC

MAIL. NEITHER THE APPROVAL NOR THE DENIAL OF THE AGREEMENT BY

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