(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:
Terms and conditions that the state engineer may impose through an approved substitute water supply plan pursuant to section 37-92-308 (12);
Criteria that the state engineer should consider in reviewing a substitute water supplyplan application filed pursuant to section 37-92-308 (12);
Criteria to ensure that substitute water supply plans approved pursuant to section37-92-308 (12) do not facilitate the diversion of water between water divisions by direct diversion, exchange, replacement, or other means;
Procedures by which the state engineer may reconsider a decision; and
Procedures for creating a database that tracks and inventories substitute water supplyplans approved under section 37-92-308 (12) and for making the following information from the database accessible to the public:
The amount of water subject to each approved plan;
The location of use of water under each approved plan; and
The decreed beneficial use of water leased, loaned, or traded in connection with eachapproved 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).
Source: L. 2016: Entire section added, (HB 16-1228), ch. 175, p. 599, § 2, effective August 10.