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<br />2. l48-2l-21 (3) and (4) (e), Colorado Revised Statutes <br />1963 (1969 Supp.), as amended, are REPEALED AND REENACTED, WITH <br />AMENDMENTS, to read: <br /> <br />148-21-21. Standards with respect to rulinqs of the referee I~ <br />and decisions of the water ;udqe. (3) A change of water right or <br />plan for augmentation, including a water exchange project, shall be <br />approved if such change or plan will not injuriously affect the <br />exercise of other decreed water rights or will not constitute a viola- <br />tion of such state policy concerning the use of land and water re- <br />sources as may be established by law and in effect at the time such <br />change or plan is presented. If it is determined that the proposed <br />change or plan as presented in the application would cause such <br />injurious effect or would be in violation of state ,policy established <br />by law, the referee or the water judge, as the case may be, shall <br />afford the applicant or applicants or any person opposed to the <br />application an opportunity to propose terms or conditions which would <br />prevent such injurious effect or violation of state policy. <br /> <br />(4) (e) Such other conditions as may be necessary to protect <br />the decreed rights of others or to prevent a violation of such state <br />policy as may be established by law. <br /> <br />It is my understanding that a senate bill to implement this <br />proposed language has been introduced. However, the bill has not <br />yet been printed or assigned a number. It is probable that a number <br />will be assigned by the time the board meets next week. In any <br />event, I believe that this proposed bill should be discussed and a <br />recommendation adopted thereon at the next board meeting. <br /> <br />FLS:mm <br /> <br />I <br /> <br />Memorandum <br /> <br />-2- <br /> <br />January 30, 1973 <br />