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<br />" <br /> <br />. <br /> <br />. <br /> <br />.' <br /> <br />,. <br /> <br />based on the location of the weu, the rate of pumping. the use being made of the ground <br />water, and the aquifer's boundaries and characteristics. <br /> <br />~ <br /> <br />Rule 9. Responsibilities of the State and Division Engineers,:. The state and <br />division engineers shall administer, distribute, and regulate ground water within the scope <br />of these Rules in accordance with the provisions of the AIbnsas River Compact, the <br />constitution of the state of ColoIado and other appIicabRe laws, and written instructions <br />and orders of the state engineer, including these Rules, and no other official. boanf, <br />commission, department, or agency of the state of Colorado. except as provided in article <br />92 of title 37, C.R.S., and article 8 of title 25, C.R.S., has jurisdiction and authority <br />with respect to said administration. distribution, and regulation. The state and division <br />engineers shaU curtail all diversions of ground water within the scope of these Rules, the <br />depletions from which are not replaced as to prevent oot-of-priority depletions to senior <br />water rights in Colorado and depletions to usable Stateline flow in a.ccordance with these <br />Rules. <br /> <br />Rule 10. Responsibilities of WeU Users and Other Entities Subiect to Th~ <br />Rules. Well users alone or in concert may submit plans in accordance with these Rules. <br />Water conservancy districts, irrigation districts, mutual or public ditch and reservoir <br />companies, municipalities, or other entities which are governed by a board of directors <br />may initiate and submit plans in accordance with these Rules. Well users shall be <br />responsible for complying with these Rules, verifying the accuracy of information <br />submitted in accordance with these Rules, and complying with the terms and conditions . <br />of plans approved in accordance with these Rules. Water conservancy districts, irrigation <br />districts, mutual or public ditch and reservoir companies, municipalities, or other entities <br />which are governed by a board of directors which initiar.e and submit plans in accordance <br />with these Rules shall be responsible for notifying the state and division engineers of any <br />well user in a plan approved in accordance with these Rules who is not in compliance <br />with the terms of the plan and for doing all things required by such plans; however. the <br />state and. division engineers-sfuill be responsible for enforcement of these Rules a!';d the <br />terms of the Arkansas River Compact; and, notwithstanding the submission oLa plan by <br />an entity on behalf of a well user. should the plan prove insufficient, the well user shall <br />be responsible for replacement of out-of-priority depletions to senior surface rights in <br />Colorado and depletions to usable Stateline flow. <br /> <br />Rule II. Plans for Aprill. 1996. to March 31. 1997. and Thereafter. To <br />provide a reasonable period to allow well usen; to develop plans required by these Rules <br />and to secure the augmentation water necessary for such plans. the state and division <br />engineers may approve a, plan to divert tributary ground water for the period April 1, <br />1996, to March 31, 1997, if the well user or an entity acting on behalf of the well user <br />provides sufficient augmentation water in amount, time, and location to replace 60 <br />percent (60%) of the out-of-priority depletions to senior surface water rights in Colorado <br />determined in accordance with these Rules and all depletions to usable Stateline- flow <br />caused by such diversions. On or after Aprill, 1997, full replacement of out-of- <br />priority depletions to senior surface rights in Colorado and depletions to usable Stateline <br /> <br /> <br />8 <br />