HB0018HS001

Page 1-line 10 Delete second "and" insert ","; after "(e)(intro)" insert "(f),".

Page 2-line 4 After "land," insert "and the petitioner is the state or public land agency,".

Page 2-line 7 After "." insert "The petitioner shall provide to the state engineer in writing a list of all affected tenants from whom the petitioner has failed to secure consent. The state engineer shall notify all such tenants of their right to request a hearing as provided for in subsection (d) of this section".

Page 2-line 9 Delete "other".

Page 3-line 20 Delete "other"; after "land," insert "and the petitioner is the state or public land agency,".

Page 3-line 24 After "." insert "The petitioner shall provide to the state engineer in writing a list of all affected tenants from whom the petitioner has failed to secure consent.".

Page 4-After line 8 Insert:

(f) The state engineer or the superintendent shall set a hearing on the petition and give thirty (30) days notice by registered mail of the time and place of the hearing to the petitioner and any owners of appropriations which divert between the old and new points of diversion and any owners or users of ditches or facilities to be affected by the proposed change and to any non-consenting tenants under subsection (c) of this section. The petitioner shall provide the superintendent with a record of the proceedings which shall be transmitted to the state board of control with the superintendent's report. The state board of control or the state engineer may make such other regulations as may be found necessary. No petition shall be granted if the right of other appropriators will be injuriously affected. The attorney general shall represent the state board of control or the state engineer in any appeal.

Page 5-line 9 Delete "other".

Page 5-line 10 After "appropriation" insert ", when the holder is the state or public land agency,".

Page 5-line 13 Delete "In the".

Page 5-lines 14 and 15 Delete entirely; insert "The holder shall provide to the state engineer in writing a list of all affected tenants from whom the holder has failed to secure consent. The state engineer shall notify all such tenants of their right to request a hearing as provided in subsection (b) of this section.".

Page 7-line 18 Delete "other".

Page 8-line 1 Delete "other". SEMLEK, CHAIRMAN.