Section 37-80-123 - Lease, loan, or trade of agricultural water protection water right - rules - definition(1)(a) As soon as practicable, the state engineer shall initiate the promulgation of rules governing the review of a substitute water supply plan pursuant to section 37-92-308(12). In promulgating the rules, the state engineer shall follow the state engineer's own rule-making procedures.(b) The rules must include:(I) Terms and conditions that the state engineer may impose through an approved substitute water supply plan pursuant to section 37-92-308(12);(II) Criteria that the state engineer should consider in reviewing a substitute water supply plan application filed pursuant to section 37-92-308(12);(III) Criteria to ensure that substitute water supply plans approved pursuant to section 37-92-308(12) do not facilitate the diversion of water between water divisions by direct diversion, exchange, replacement, or other means;(IV) Procedures by which the state engineer may reconsider a decision; and(V) Procedures for creating a database that tracks and inventories substitute water supply plans approved under section 37-92-308(12) and for making the following information from the database accessible to the public: (A) The amount of water subject to each approved plan;(B) The location of use of water under each approved plan; and(C) The decreed beneficial use of water leased, loaned, or traded in connection with each approved plan.(c) The water judge for water division 1 shall review the rules promulgated under this section in accordance with the procedures set forth in section 37-92-501(2)(g), (3)(a), and (3)(b).(2) As used in this section, "agricultural water protection water right" has the same meaning as in section 37-92-305(19)(a).Added by 2016 Ch. 175,§ 2, eff. 8/10/2016.L. 2016: Entire section added, (HB 16-1228), ch. 175, p. 599, § 2, effective August 10.