Memo from Task Force Advisors Outlining Proposed Recommendations

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adequate accounting to the Division Engineer concerning the source and availability of the water to be used for prepayment and receive confirmation from the Division Engineer that the prepayment water will in fact provide water such that users would receive water they would have been entitled to absent the out-of-priority depletions. The user seeking to prepay out-of-priority depletions is required to notify all parties on the substitute water supply notification list of the proposed prepayment. 3. Another suggestion was to enact legislation that would allow the use of CBT water in augmentation plans. (Currently, the use of CBT water is limited to SWSPs). Further discussion with managers of Northern Colorado Water Conservancy District led to a new proposed recommendation that might provide for the use of CBT water in more circumstances but is not limited to CBT water. A possible recommendation is to add to C.R.S. § 37-92-3081anguage along the following: Water users with decreed augmentation plans may obtain an SWSP without amending the decreed augmentation plan and to supplement such augmentation plan under the following circumstances. When water becomes available, a user may lease such water to replace out-of-priority depletions if such replacement will replace such out-of-priority depletions in time location and amount. The time location and amount of the out-of- priority to be replaced shall be as determined in the decreed augmentation plan. Prior to the lease of such water, the user shall provide adequate accounting to the Division Engineer concerning the source and availability of the replacement water and receive confirmation from the Division Engineer that the water will in fact provide water to the users would have been entitled to water absent the out-of-priority depletions. The user seeking to supplement an augmentation plan is required to notify all parties on the substitute water supply notification list of the proposed prepayment. The current process provided for in 308 shall apply to this type SWSP request. Such a SWSP may only be used to replace out-of-priority depletions created by pumping prior to the entry of the decreed augmentation plan. A user may only use fully consumable water from a particular water source for a total of five years without filing for a new augmentation plan or filing to amend a currently decreed plan for augmentation. If the source of water is not fully consumable, no water may be used if the use of that water will create any return flow obligations beyond five years. 4. Another suggestion was to enact legislation that would allow augmentation plans and SWSPs to use 1974 as the beginning date for determining past pumping depletion obligations. A possible recommendation is to add to C.R.S. § 37-92-305 and 305 language along the following (this language was generally taken from § 37-92-308(3)(c)(III)): An augmentation plan approved by the court or substitute water supply plan approved by the State Engineer shall require replacement of out-of-priority depletions that affect the