§ 36-3-110 — Examination of proposal - report

(1) Immediately upon the
receipt of any request and proposal as designated in section 36-3-107, it is the duty
of the secretary of the board to examine the same and ascertain if it complies with
the rules of the board and the regulations of the department of the interior. If it
does not, it is to be returned for correction. If it does comply, it shall be submitted
to the state engineer, who shall examine the same and make a written report to the
board, stating whether the proposed works are feasible; whether the proposed
diversion of the public waters of the state will prove beneficial to the public
interest; whether there is sufficient unappropriated water in the source of supply;
whether a permit to divert, store, and appropriate water through or by the proposed
works has been approved by him; whether the capacity of the proposed works is
adequate to reclaim the land described; and whether the maps filed comply with
the requirements of his office and the regulations of the department of the interior.
He shall determine whether the lands proposed to be irrigated are desert in
character and such as may properly be set apart under the provisions of the act of
congress referred to in section 36-3-103 and the rules and regulations of the
department of the interior.

(2) When the state engineer is unable, from an examination of the maps and
field notes submitted for his examination, to determine whether the proposed
irrigation works are feasible and adequate or whether the proposed diversion of the
public water is beneficial to public interest and whether the lands proposed to be
irrigated are of such a character as to come under the provisions of the act of
congress referred to in section 36-3-103, he shall report to the board and also
report the estimated cost of a survey and examination. It is his duty to make, or
cause to be made by some qualified assistant, such survey or examination as will
enable him to report intelligently thereon to the board when directed by the board
to make such examination or survey.

Legislative History

Source: L. 1895: p. 160, � 8. R.S. 08: � 5145. C.L. � 1130. CSA: C. 134, � 28. CRS 53: � 112-2-10. C.R.S. 1963: � 112-2-10.