(1) (a) Before acting upon a nomination of a water supply structure for inclusion in the state register or national register, the society shall:
Submit, to the water clerks for the water divisions in which the water supply structureis located, notice of the proposed nomination, for publication as set forth in section 37-92-302 (3)(a) and (3)(b), C.R.S.; and
Send written notice of the proposed nomination by first-class mail to every personhaving a property interest in the water supply structure or water rights used through the water supply structure. In order to comply with this paragraph (a), the society may rely upon the real property records of the county assessor for the counties in which the water supply structure is located to determine persons having real property interests and, to determine the identity of persons having water right interests, the society may rely upon the records of the division engineer in the water divisions in which the water supply structure is located, as set forth under part 2 of article 92 of title 37, C.R.S.
(b) (I) The society shall not proceed with a nomination for inclusion in the state register if a person having a real property interest in the water supply structure or an interest in water that is used in the water supply structure files a letter of objection to the proposed nomination with the society within one hundred twenty days after receiving notice under this subsection (1).
(II) For a nomination to include a water supply structure in the national register, the society shall not proceed with the nomination if objection is made in accordance with 36 CFR 60.6.
(2) (a) Prior to taking any action to request approval from the keeper of the national register of a multiple property documentation form in which any or all of the multiple property types or associated property types are water supply structures, the society shall procure the approval of the state engineer appointed pursuant to section 37-80-101, C.R.S.
(b) (I) The society shall provide notice to all persons having a property interest in a water supply structure included in a multiple property documentation form using the procedure set forth for substitute water supply plans in section 37-92-308 (5)(a), C.R.S.; except that the time requirements for any actions by the state engineer under this subsection (2) do not apply. The state engineer shall act solely at his or her discretion to consider and approve or disapprove the multiple property documentation form at a time he or she sees fit.
(II) The society shall enter into a programmatic agreement with the state engineer that requires, at a minimum, that any person having an interest in the water supply structure who objects to inclusion of the owners' water supply structure may have the water supply structure removed from the multiple property documentation form.
(3) Nothing in this section limits communications between the society and the keeper of the national register that are required under 16 U.S.C. sec. 470a (b)(3)(I). The state engineer shall not review any such communications in which water supply structures are only incidentally described.
Source: L. 2011: Entire section added, (HB 11-1289), ch. 165, p. 569, § 3, effective August 10.