PERMFILE115995

• Permit No: M2002096
• IBM Index Class Name: Permit File
• Doc Date: 9/4/2002
• Doc Name: Office of State Engineer Response
• From: SEO
• To: DMG
• Media Type: D
• Archive: No

OR FORMAL PROCEEDING IF THE STATE ENGINEER FINDS IT NECESSARY TO
ADDRESS THE ISSUES.
(b~ ASUBSTITUTEWATERSUPPLYPLANAPPROVEDPURSUANTTOTHIS
SUBSECTION (5) SIIALL NOT BE APPROVED FOR A PERIOD OF MORE THAN ONE
YEAR; EXCEPT THAT AN APPLICANT MAY REQUEST THE RENEWAL OF A PLAN
BY REPEATING THE APPLICATION PROCESS DESCRIBED IN THIS SUBSECTION
(5). HOWEVER,INNOEVENTSHALLANYPLANAPPROVEDPURSUANTTOTHIS
SUBSECTION (S~ BE RENEWED BEYOND FIVE YEARS AFTER THE INITIAL DATE
OF APPROVAL.
(C~ WHEN THE STATE ENGINEER APPROVES OR DENIES A SUBSTITUTE
WATER SUPPLY PLAN, THE STATE ENGINEER SHALL SERVE A COPY OF THE
DECISION ON ALL PARTIES TO THE APPLICATION BYFIRST-CLASS MAII, OR, IF
SUCH PARTIES HAVE SO ELECTED, BY ELECTRONIC MAIL. NEITHER THE
APPROVAL NOR THE DENIAL BY THE STATE ENGINEER SHALL CREATE ANY
PRESUMPTIONS, SHIFT THE BURDEN OF PROOF, OR SERVE AS A DEFENSE IN
ANY LEGAL ACTION THAT MAY BE RVITIATED CONCERNING THE SUBSTITUTE
WATER SUPPLY PLAN. ANY APPEAL OF A DECISION MADE BY THE STATE
ENGINEER CONCERNING A SUBSTITUTE WATER SUPPLY PLAN PURSUANT TO
THIS SUBSECTION (5) SHALL BE MADE TO THE WATER JUDGE IN THE
APPLICABLE WATER DIVISION WITHIN THIRTY DAYS, WHO SHALL HEAR SUCH
APPEAL ON AN EXPEDITED BASIS.
(6J THE STATE ENGINEER SHALL ESTABLISH A SUBSTITUTE WATER
SUPPLY PLAN NOTIFICATION LIST FOR EACH WATER DIVISION FOR THE
PURPOSES OF NOTIFYING INTERESTED PARTIES PURSUANT TO SUBPARAGRAPH
(II~ OF PARAGRAPH (3~ OF SUBSECTION (5) OF THIS SECTION. BEGINNING IN
JULY 2002, AND IN JANUARY OF EACH YEAR THEREAFTER, IN ORDER TO
ESTABLISH SUCH NOTIFICATION LIST, THE WATER CLERKS IN EACH DIVISION
SHALL INCLUDE IN THE WATER COURT RESUME AN INVITATION TO BE
INCLUDED ON SUCH NOTIFICATION LIST FOR THE APPLICABLE WATER
DIVISION. PERSONSONTIIESUBSTITUTEWATERSUPPLYPLANNOTIFICATION
LIST SHALL RECEIVE NOTICE OF ALL SUBSTITUTE WATER SUPPLY PLANS FILED
IN THAT WATER DIVISION PURSUANT TO SUBSECTION (5) OF THIS SECTION BY
EITHER FIRST-CLASS MAIL OR, IF A PERSON SO REQUESTS, BY ELECTRONIC
MAIL. PERSONS MAYBE REQUIRED TO PAY A FEE, NOT TO EXCEED TWELVE
DOLLARS PER YEAR, TO BE PLACED ON THE NOTIFICATION LIST.
(7) BEGINNING JANUARY 1, 2002, THE STATE ENGINEER MAY
APPROVE A SUBSTITUTE WATER SUPPLY PLAN IF THE STATE ENGINEER
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