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(5) OF THIS SECTION IN ORDER TO CONTINUE OPERATION AS A SUBSTITUTE <br />WATER SUPPLY PLAN. RENEWAL OF A PREVIOUSLY APPROVED SUBSTITUTE <br />WATER SUPPLY PLAN PURSUANT TO THIS SUBSECTION (3) SHALL NOT REQUIRE <br />NOTICE TO OTHER WATER USERS. NEITHER THE APPROVAL NOR THE DENIAL <br />OF A SUBSTITUTE WATER SUPPLY PLAN BY THE STATE ENGINEER SHALL <br />CREATE ANY PRESUMPTIONS, SHIFT THE BURDEN OF PROOF, OR BE A DEFENSE <br />IN ANY LEGAL ACTION THAT MAY BE INITIATED CONCERNING A RENEWED <br />SUBSTITUTE WATER SUPPLY PLAN. <br />(4) (a) BEGINNING JANUARY 1, 2002, IF AN APPLICATION FOR <br />APPROVAL OF A PLAN FOR AUGMENTATION HAS BEEN FILED WITH A WATER <br />COURT AND THE COURT HAS NOT ISSUED A DECREE, THE STATE ENGINEER <br />MAY APPROVE THE TEMPORARY OPERATION OF SUCH PLAN AS A SUBSTITUTE <br />WATER SUPPLY PLAN IF THE FOLLOWING CONDTTIONS ARE MET: <br />(I) THE WATER COURT APPLICANT HAS FILED A REQUEST FOR <br />APPROVAL OF THE SUBSTITUTE WATER SUPPLY PLAN WITH THE STATE <br />ENGINEER; <br />(II) TY-IEAPPLICANTHASPROVIDEDWRITTENNOTICEOFTHEREQUEST <br />FOR APPROVAL OF THE SUBSTITUTE WATER SUPPLY PLAN BY FIRST-CLASS <br />MAII, OR ELECTRONIC MAIL TO ALL PARTIES WHO HAVE FILED A STATEMENT <br />OF OPPOSITION TO THE PLAN IN WATER COURT AND PROOF OF SUCH NOTICE <br />IS FILED WITH THE STATE ENGINEER; <br />(III) THE STATE ENGINEER HAS GIVEN THE OPPOSERS IN THE WATER <br />COURT CASE THIRTY DAYS AFTER THE DATE OF MAILING OF SUCH NOTICE TO <br />FILE COMMENTS ON THE SUBSTITUTEWATERSUPPLYPLAN. SUCH COMMENTS <br />SHALL INCLUDE ANY CLAIM OF INJURY OR ANY TERMS AND CONDITIONS THAT <br />SHOULD BE IMPOSED UPON THE PLAN TO PREVENT INJURY TO AN OPPOSER'S <br />WATER RIGHTS OR DECREED CONDITIONAL WATER RIGHTS AND ANY OTHER <br />INFORMATION AN OPPOSER WISHES THE STATE ENGINEER TO CONSIDER IN <br />REVIEWING THE SUBSTITUTE WATER SUPPLY PLAN REQUEST. <br />(IV) THE STATE ENGINEER, AFTER CONSIDERATION OF THE <br />COMMENTS FROM ANY WATER COURT OPPOSER, HAS DETERMINED THAT THE <br />OPERATION AND ADMINISTRATION OF SUCH PLAN WILL REPLACE ALL <br />OUT-OF-PRIORITY DEPLETIONS IN TIME, LOCATION, AND AMOUNT IN A <br />MANNER THAT WILL PREVENT INJURY TO OTHER WATER RIGHTS AND <br />DECREED CONDITIONAL WATER RIGHTS, INCLUDING WATER QUALITY AND <br />CONTINUTTY TO MEET THE REQUIREMENTS OF USE TO WHICH THE SENIOR <br />PAGE 3-HOUSE BILL 02-1414 <br />