Colorado Code § 36-3-110

Examination of proposal - report
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(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.

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