85-2-271. (Temporary) Benchmarks -- action taken if not met. (1) 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).
(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, the fee contained in 85-2-276 that is attached to a water right for the purpose of funding the adjudication may not be assessed the following even-numbered year. 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|
History: En. Sec. 2, Ch. 288, L. 2005.