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<br />.~. \~)8 <br />:\' \:J., "' <br />~.' ,- <br /> <br />DRAFT <br /> <br />The General Assembly enacted legislation in 1969 which changes the <br /> <br />procedure for determination of water rights and changes in and transfers <br /> <br />of water rights, and provides for plans for augmentation. It is not <br /> <br />applicable to designated groundwater basins nor to wells sole.1y for <br /> <br />stock watering, domestic or other purposes, not exceeding fifty gallons <br /> <br />per minute of flow. Determination of water rights should be more <br /> <br />efficient, less expensive, faster and more accurate under the new <br /> <br />legis 1a tion. <br /> <br />Any person who desires a determination of a water right or <br /> <br />conditional water right, and the amount and priority thereof, including <br /> <br />a determination that a conditional water right has become a water right <br /> <br />by reason of completion of the appropriation, or changes in water rights, <br /> <br />or plans for augmentation or biennial. findings of reasonable diligence <br /> <br />shall makp. verified application 'to thp '''ater clerk. Those ouposing the <br /> <br />appli.cation may file a statement of opposition. After publication of <br />I <br />the application and investigation, the referee may rule on it without <br /> <br />conducting a formal hearing, or may refer it to the water judge for his <br /> <br />decision. Protests of the referee I.S ruling, as well as ref'erra1s above <br /> <br />mentioned, will be heard by the water judge in accordance with trial <br /> <br />practice and procedure. The water judge shall either confirm, modify, <br /> <br />reverse or reverse and remand the ruling of the referee, and his judg- <br /> <br />ment and decree shall contain all pertinent information necessary. <br /> <br />Water may be stored either in channel or off-channel reservoirs <br /> <br />for future beneficial use. Decrees covering such storage rights may <br /> <br />be awarded as for other means of diversion. The storage of water must <br /> <br />be followed by application to beneficial use, which term by statute also <br /> <br />includes impoundment for recreational purposes, fishery and wildlife. <br /> <br />The quantity of water to be stored must be defined, and, in the case of <br /> <br />8. <br />