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

DETERMINES SUCH PLAN IS NEEDED TO ADDRESS AN EMERGENCY SITUATION
AND THAT THE PLAN WILL NOT CAUSE INJURY TO THE VESTED WATER RIGHTS
OR DECREED CONDITIONAL WATER RIGHTS OF OTHIsRS OR IMPAIR
COMPLIANCE WITH ANY INTERSTATE COMPACT. SUCH PLAN SHALL NOT BE
IMPLEMENTED FOR MORE THAN NINETY DAYS. FOR PURPOSES OF THIS
SECTION, "EMERGENCY SITUATION" MEANS A SITUATION AFFECTING PUBLIC
HEALTH OR SAFETY WHERE A SUBSTITUTE WATER SUPPLY PLAN NEEDS TO BE
IMPLEMENTED MORE QUICKLY THAN THE OTHER PROCEDURES SET FORTH IN
THIS SECTION ALLOW. IN SUCH SITUATION, NOTICE TO OTHER WATER USERS
SHALL NOT BE REQUIRED. NEITHER THE APPROVALNORTHEDENIALBYTHE
STATE ENGINEER SHALL CREATE ANY PRESUMPTIONS, SHIFT THE BURDEN OF
PROOF, OR BE A DEFENSE IN ANY LEGAL ACTION THAT MAY BE INITIATED
CONCERNING AN EMERGENCY SUBSTITUTE WATER SUPPLY PLAN.
(8) AFTER JULY 1, 2002, WATER USERS REQUESTING APPROVAL OF A
NEW PLAN OR A SUBSTITUTE WATER SUPPLY PLAN PURSUANT TO THIS
SECTION SHALL PAY A FEE OF THREE HUNDRED DOLLARS. THE FEES SHALL
BE USED BY THE STATE ENGINEER FORTHE PUBLISHING AND ADMINISTRATIVE
COSTS FOR PROCESSING APPLICATIONS AND RENEWALS AND ADMINISTERING
PLANS. SUCH FEES SHALL BE DEPOSITED IN THE GROUND WATER
MANAGEMENT CASH FUND PURSUANT TO SECTION 37-80-111.5.
SECTION 2. 37-80-111.5 (1) (d), Colorado Revised Statutes, is
amended to read:
37-80-111.5. Fees -water data bank cash fund - division of water
resources publication cash fund -satellite monitoring system cash fund
- ground water management cash fund -created. (1) (d) The state
engineer shall collect fees pursuant to sections 37-90-105 (3) (a) and (4),
37-90-107 (7) (c) (n and (7) (d) (I), 37-90-108 (4) and (6), 37-90-116 (1)
(a), (1) (c), (1) (h), and (1) (i), 37-90-137 (2), (3) (a), and (3) (c), acrd
37-92-602 (3) (a) and (5), AND 37-92-308. All such fees shall be
transmitted to the state treasurer, who shall credit the same to the division
of water resources ground water management cash fund, which is hereby
created; except that, of each fee collected pursuant to section 37-90-107 (7)
(c) (nand (7) (d) (n andsection 37-90-116 (1) (a), (1) (h), and (1) (i), thirty
dollazs shall be credited to the general fund; of each fee collected pursuant
to section 37-90-137 (2), (3) (a) (n, and (3) (a) (In and section 37-92-602
(3) (a) for wells applied for pursuant to section 37-92-602 (3) (b),
twenty-five dollars shall be credited to the general fund; of each fee
PAGE 7-HOUSE BILL 02-1414