1st Sub.
H.B.
49
WATER RIGHTS - CHANGE APPLICATION AMENDMENTS
House Floor
Amendments
Amendment 1 February 24, 2014 8:04 AM
Representative Jack R. Draxler
proposes the following amendments:
1. Page
15, Lines 439 through 448
:
439
(b) provide written notice to the water company, if it failed to respond as required
440
under Subsection (3)(b), that the water company shall respond to the proposed change
441
application within 30 days after the day on which the water company receives the notice from
442
the state engineer
{
, and that failure of the water company to respond constitutes consent to the
443
proposed change.
444
(7) If the water company has not previously responded and fails to respond to the
445
notice under Subsection (6)(b), the water company's consent to the change application is
446
established as a matter of law and the state engineer may proceed with the administrative
447
evaluation under Subsection (13).
}
.
448
{
(8)
}
(7)
(a) If the water company has, in writing, declined to consent to the change
2. Page
15, Lines 456 through 457
:
456
of the mediator for a mediation conducted under Subsection
{
(8)
}
(7)
(a).
457
(d) The mediation described in Subsection
{
(8)
}
(7)
(a) shall be held within 60 days of the
3. Page
16, Lines 466 through 470
:
466
{
(9)
}
(8)
If a shareholder and a water company come to an agreement in a mediation
467
conducted under Subsection
{
(8)
}
(7)
, the state engineer shall proceed to evaluate the change
468
application in accordance with Subsection
{
(13)
}
(12)
.
469
{
(10)
}
(9)
If the parties do not reach an agreement through mediation and a mediator's
470
statement, as described in Subsection
{
(8)
}
(7)
(f), is not received within 10 days following the time
4. Page
16, Lines 473 through 475
:
473
{
(11)
}
(10)
Within 60 days of the day on which the state engineer receives the written
474
statement from the mediator under Subsection
{
(8)
}
(7)
(f), or the written notice from a party under
475
Subsection
{
(10)
}
(9)
, that the parties are not in agreement regarding the proposed change
5. Page
16, Lines 477 through 478
:
477
legal issues not within the purview of the state engineer's evaluation under Subsection
{
(13)
}
(12)
.
478
{
(12)
}
(11)
If a court action is not timely filed under Subsection
{
(11)
}
(10)
, or if an
action is timely
6. Page
16, Lines 480 through 481
:
480
engineer shall move forward with the administrative proceeding under Subsection
{
(13)
}
(12)
.
481
{
(13)
}
(12)
(a) The state engineer shall evaluate a shareholder's change application in the same
7. Page
17, Lines 496 through 497
:
496
{
(14)
}
(13)
If the state engineer approves a shareholder's change application, the state
497
engineer:
8. Page
18, Lines 545 through 546
:
545
{
(15)
}
(14)
A shareholder or a water company may obtain de novo judicial review of the state
546
engineer's determination under Subsections
{
(13) and (14)
}
(12) and (13)
by filing an action in
district court
9. Page
18, Lines 549 through 550
:
549
{
(16)
}
(15)
If, after a proposed change has been approved and gone into effect, a shareholder
550
fails to substantially comply with a condition described in Subsection
{
(14)
}
(13)
(a) or (b) and
10. Page
19, Line 556
:
556
{
(17)
}
(16)
If a shareholder's change application is denied by the state engineer and the denial
11. Page
19, Line 563
:
563
{
(18)
}
(17)
If a shareholder's change application is approved by the state engineer and upheld