PROJ01966 ‎(2)‎

• Contract/PO #: C153794
• Contractor Name: Colorado Water Protective and Development Association
• Contract Type: Loan
• Water District: 0
• Loan Projects - Doc Type: Feasibility Study

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divert tributary groundl water pursuant to these Rules must file with the division engineer
an application in writing setting forth a complete description of th~~ pian, including:

plan;

a. the name and address of each well user who will be included in the

b. the information required in paragraphs c. through i. of Rule 13 for
each well which will be included in the plan;

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c. an. estimate of the amount of ground water to be diverted by well
users who. will be included in the plan;

d. each source of water to be used as .augmentation water in the plan
and the amount of augmentation water available on a monthly basis;

e. the amount, time, and location of stream depletions from ground
water diversions under the plan or how the amount, time, and location of such depletions
will be determined; and

f. a detailed description of how out-<>f-priority depletions to senior
water rights in Colorado and depletions to usable Srateline flow will be replaced under
the plan.

If a weU user or entity acting on behalf of well users who seeks approval of a plan
to divert tributary ground water pursuant to these Rules does not know every source of
water to be used as augmenration water in a plan or the amount of augmenration water
available by April 1, 1996 or March 1 of years thereafter, dIe state and division
engineers may grant temporary approval of a plan until June I upon such terms and
conditions as, in the opinion of the state and division engineers, will be adequate to
prevent out-<>f-priority depletions to senior surface water rights in Colorado and deple-
tions to usable Srateline flow until the well user or-entity acting on behalf of weU users
can provide a complete description of the plan.

Rule 15. Orders. Costs. and Attorneys' Fees. Any person who diverts ground
water in violation of these Rules or in violation of the terms of a plan approved by the
state and division engineers pursuant to these Rules shall be subject 1,0 an order by the
state or division engineer issued pursuant to section 37-92-502, 15 C.R.S., and may be
subject to court proceedings and the state's costs, inclUding reasonable attorney fees, and
any fine authorized by statute. Because ground water diversions in violation of these
Rules could deplete usable Stateline flows in violation of the Arkansas River Compact or
cause material injury to water rights in Colorado having Senior priorities, the state or
division engineer may enter upon, and order any person to permit dIe entry upon, private
property to plug, lock, or otherwise disable any well which has been used to diven
ground water in violation of these Rules or in violation of a plan approved pursuant to
these Rules.

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