85-2-271. Benchmarks -- action taken if not met -- claims examination priority.
85-2-271. (Temporary) Benchmarks -- action taken if not met -- claims examination priority. (1) (a) The completion of initial claims examination is of a higher priority than reexamination of claims that were subject to the verification process unless the chief water judge issues an order making reexamination a higher priority, as provided in subsection (3)(b).
(b) The department shall develop a list of basins to be examined that is prioritized by year and updated annually. In order to facilitate the efficient use of department and water court resources, the department shall adhere to the basin priorities unless directed otherwise by the water court or the legislature.
(2) There are approximately 57,000 water right claims that were filed pursuant to 85-2-212 that must be examined. There are approximately 98,000 claims that were verified that may be reexamined using the supreme court examination rules if the water court receives a petition and issues an order as provided in 85-2-282 or the water court issues an order on its own initiative.
(3) (a) The water court shall prioritize basins for the purpose of claims examination and reexamination by the department.
(b) The chief water judge has the authority to order that reexamination be completed for a certain basin in a higher priority than claims examination. If the chief water judge issues an order requiring the department to reexamine claims rather than examining claims, the number of claims that were reexamined must be counted against the amount of claims that the department is required to examine for that period.
(4) (a) The cumulative benchmarks that are provided in subsection (4)(b) must be met. If the benchmarks are not met, money for water adjudication may not be included in the department's base budget. All claims must be examined by June 30, 2015.
(b) The cumulative benchmarks are as follows:
Date Total Number of Claims Examined
December 31, 2006 8,000
December 31, 2008 19,000
December 31, 2010 31,000
December 31, 2012 44,000
June 30, 2015 57,000
(Terminates June 30, 2020--sec. 18, Ch. 288, L. 2005; sec. 11, Ch. 319, L. 2007.)
History: En. Sec. 2, Ch. 288, L. 2005; amd. Sec. 4, Ch. 319, L. 2007.