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<br />. <br /> <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br /> <br />. <br /> <br />. <br /> <br />merits by the referee or water judge until a written consultation report, as <br />required by subsection (4) of this section, has been submitted and <br />considered. The consultation report shall be submitted within four months <br />after the filing of the application and shall include findings as to whether <br />the construction and use of any well proposed in the application will <br />injuriously affect the owner of, or persons entitled to use, water under a <br />vested water right or decreed conditional water right. In the case of <br />applications for determinations of rights to ground water from wells <br />described in section 37-90-137 (4), the application shall be supplemented <br />by evidence that the state engineer has issued or failed to issue, within <br />four months of the filing of the application in water court, a determination <br />as to the facts of such application. Such state engineer's determination <br />shall be made by the state engineer upon receipt from the water clerk of <br />a copy of the application, and no separate filing or docketing with the <br />state engineer shall be required. <br />SECTION 4. 37-92-305 (3), Colorado Revised Statutes, 1S <br />amended to read: <br />37-92-305. Standards with respect to rulings of the referee and <br />decisions of the water judge. (3) A change of water right or plan for <br />augmentation, including water exchange project, shall be approved if such <br />change or plan will not injuriously affect the owner of or persons entitled <br />to use water under a vested water right or a decreed conditional water <br />right. In cases in which a statement of opposition has been filed, the <br />applicant shall provide to the referee or to the water judge, as the case <br />may be, a proposed ruling or decree to prevent such injurious effect in <br />advance of any hearing on the merits of the application, and notice of such <br />proposed ruling or decree shall be provided to all parties who have entered <br /> <br />-8- <br /> <br />HBOl-llll <br />