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APPROPRIATION HAS NORMALLY BEEN PUT, PURSUANTTO SECTION 37-80-120 <br />(3), AND WILL NOT IMPAIl2 COMPLIANCE WITH ANY INTERSTATE COMPACTS. <br />THE STATE ENGINEER SHALL IMPOSE SUCH TERMS AND CONDITIONS AS ARE <br />NECESSARY TO ENSURE THAT THESE STANDARDS ARE MET. IN MAKING SUCH <br />DETERMINATIONS, THE STATE ENGINEER SHALL NOT BE REQUIRED TO HOLD <br />ANY FORMAL HEARINGS OR CONDUCT ANY OTHER FORMAL PROCEEDINGS, <br />BUT MAY CONDUCT A HEARING OR FORMAL PROCEEDING IF THE STATE <br />ENGINEER FINDS IT NECESSARY TO ADDRESS THE ISSUES. <br />(Il) ASUBSTITUTEWATERSUPPLYPLANAPPROVEDPURSUANTTOTHIS <br />SUBSECTION (4) SHALL NOT BE APPROVED FOR A PERIOD OF MORE THAN ONE <br />YEAR; EXCEPT THAT AN APPLICANT MAY REQUEST THE RENEWAL OF A PLAN <br />BY REPEATING THE APPLICATION PROCESS DESCRIBED IN THIS SUBSECTION <br />(4). IF AN APPLICANT REQUESTS A RENEWAL OF A PLAN THAT W OULD EXTEND <br />THE PLAN PAST THREE YEARS FROM THE INITIAL DATE OF APPROVAL, THE <br />APPLICANT SHALL DEMONSTRATE TO THE STATE ENGINEER THAT THE DELAY <br />IN OBTAINING A WATER COURT DECREE IS JUSTIFIABLE AND THAT NOT BEING <br />ABLE TO CONTINUE OPERATING UNDER A SUBSTITUTE WATER SUPPLY PLAN <br />UNTIL A DECREE IS ENTERED WILL CAUSE UNDUE HARDSHIP TO THE <br />APPLICANT. IF AN APPLICANT REQUESTS RENEWAL OF A PLAN THAT WOULD <br />EXTEND THE PLAN PAST FIVE YEARS FROM THE INITIAL DATE OF APPROVAL, <br />THE APPLICANT SHALL DEMONSTRATE TO THE WATER JUDGE IN THE <br />APPLICABLE WATER DIVISION THAT THE DELAY IN OBTAINING A DECREE HAS <br />BEEN JUSTIFIABLE AND THAT NOT BEING ABLE TO CONTINUE OPERATING <br />UNDER A SUBSTITUTE WATER SUPPLY PLAN UNTIL A DECREE IS ENTERED W ILL <br />CAUSE UNDUE HARDSHIP TO THE APPLICANT. <br />(C) WHEN THE STATE ENGINEER APPROVES OR DENIES A SUBSTITUTE <br />WATER SUPPLY PLAN, THE STATE ENGINEER SHALL SERVE A COPY OF THE <br />DECISION ON ALL PARTIES TO THE PENDING WATER COURT APPLICATION BY <br />FIRST-CLASS MAIL. NEITHER THEAPPROVALNORTHEDENIALBYTHESTATE <br />ENGINEER SHALL CREATE ANY PRESUMPTIONS, SHIFT THE BURDEN OF PROOF, <br />OR SERVE AS A DEFENSE IN THE PENDING WATER COURT CASE OR ANY OTHER <br />LEGAL ACTION THAT MAY BE BVITIATED CONCERNING THE SUBSTITUTE WATER <br />SUPPLY PLAN. ANY APPEAL OF A DECISION MADE BY THE STATE ENGINEER <br />CONCERNING A SUBSTITUTE WATER SUPPLY PLAN PURSUANT TO THIS <br />SUBSECTION (4) SHALL BE TO THE WATER JUDGE OF THE APPLICABLE WATER <br />DIVISION WITHIN THIRTY DAYS AND SHALL BE CONSOLIDATED WITH THE <br />APPLICATION FOR APPROVAL OF THE PLAN FOR AUGMENTATION. <br />(5) (a) BEGINNING JANUARY 1, 2002, FOR NEW WATER USE PLANS <br />PAGE 4-HOUSE BILL 02-1414 <br />