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<br />a water court and the court has not issued it decree, the state engineer may <br />approve the temporary operation of such plan OR CHANGE OF WATER RIGHT <br />as a substitute water supply plan if the following conditions are met: <br /> <br />(II) The applicant has provided written notice of the request for <br />approval of the substitute water supply plarl by fIrst-class mail or electronic <br />mail to all parties who have fJled a statement of opposition to the plan in <br />water court and proof of such notice is fJled with the state engineer, OR, IF <br />THE DEADLINE FOR FILING A STATEMENT OF OPPOSITION HAS NOT PASSED, <br />THE APPLICANT HAS PROVIDED WRllTEN 'NOTICE OF THE REQUEST FOR <br />APPROV ALOF THE SUBSTITUTE WATER SUPPLY PLAN BY FlRST-CLASSMAlLOR <br />ELECTRONIC' MAIL TO ALL PARTIES WHO HAVE SUBSCRIBED TO THE <br />SUBSTITUTE WATER SUPPLY PLAN NOTIFICATION LIST FOR THE WATER <br />DIVISION IN WHICH THE PROPOSED PLAN IS 'LOCATED AND PROOF OF SUCH <br />NOTICE IS FILED WIlli THE STATE ENGINEER; <br /> <br />(III) The state engineer has given thG opposer s in thG w mer cOtlrt <br />ease THOSE TO WHOM NOTICE WAS PROVIDED thirty days after the date of <br />mailing of such notice to me comments on the substitute water supply plan. <br />Such comments shall include any claim of injury, or any terms and <br />conditions that should be imposed upon tlj.e plan to prevent injury to an <br />opposer's water rights or decreed conditional water rights, and any other <br />information an opposer wishes the state engineer to consider in reviewing <br />the substitute water supply plan request. <br /> <br />(IV) The state engineer, after consideration of the comments fi.oom <br />AtIJ ..aler ',hut oppose!. RECEIVED, has determined that the operation and <br />administration of such plan will replace all out-of-priority depletions in <br />time, location, and amount in a lTIatth(ll ttim will AND WILL OTHERWISE <br />prevent injury to other water nghts and deoreed conditional water rights, <br />including water quality and continuity to meet the requirements of use to <br />which the senior appropriation has normally been put, pursuant to section <br />37"80-120 (3), and will not impair compliance with any interstate compacts. <br />The state engineer shall impose such terms and conditions as are necessary <br />to ensure that these standards are met. In nuj.king such determinations, the <br />state engineer shall not be required to hold any formal hearings or conduct <br />any other formal proceedings, but may cf>nduct a hearing or formal ' <br />proceeding if the state engineer fmds it necessary to address the issues. <br /> <br />(b) A substitute water supply plan approved pursuant to this <br />subsection (4) shall not be approved for a period of more than one year; <br /> <br />PAGE 4-HOUSE BILL 03-1001 <br /> <br />" <br /> <br /> <br />. <br /> <br />e <br /> <br />tit <br /> <br />. <br />