(1) Except in the case of applications for adjudication of groundwater, notwithstanding the provisions of section 37-92-306, the filing date of an application for a water right or conditional water right involving the same source of water and derived from the same point of diversion from the same stream as a prior application for a water right or conditional water right filed in the preceding year by a different applicant may relate back to the date of filing of that prior application if:
(a) The subsequent applicant timely filed a statement of opposition to the prior application; and
(b) The subsequent application was made within sixty days of the prior application.
Source: L. 81: Entire section added, p. 1789, § 3, effective July 1.
ANNOTATION
Law reviews. For article, "Developments in Conditional Water Rights Law", see 14 Colo. Law. 353 (1985). For article, "Use of Colorado Water Rights In Secured Transactions", see 18 Colo. Law. 2307 (1989).