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SOUTH PLATTE RIVER TASK FORCE <br />Options for Consideration <br />NOTE: THESE OPTIONS ARE MERELY SUGGESTIONS THAT HAVE BEEN <br />PROVIDED TO THE SOUTH PLATTE TASK FORCE. THIS LIST WILL CHANGE. <br />NONE OF THE OPTIONS LISTED HAS BEEN ENDORSED OR ADOPTED BY THE <br />SOUTH PLATTE TASK FORCE. <br />1. Suggestions for making water available for well augmentation or <br />decreasing amount of augmentation water required to augment wells <br />a. Pursue voluntary agreements with downstream reservoirs (e.g., <br />"Gentlemen's Agreement"). <br />• Can these be done without going to water court? May require rulemaking. <br />• Need to be approved by State and Division Engineers to ensure no injury <br />occurs. <br />• 37-80-120, C.R.S. does not allow out of priority storage in reservoirs if the <br />user cannot promptly release water. Nevertheless, water users have been <br />allowed storage to occur without this ability. While this has been allowed <br />historically under the "Gentleman's Agreement", there is no clear statutory <br />basis for altowing this to continue. <br />• Some users who may not be able to meet the requirements of 37-80-120, <br />C.R.S. proposed the use of an alternative supply to provide replacement <br />of out of priority diversions if necessary. For instance, a user may <br />propose that they would replace out-of-priority diversions from a lined <br />gravel pit if users senior to the out of priority storage right don't fill. It is not <br />clear DWR has the authority to approve this absent court or legislative <br />direction that this is allowable. <br />b. Allow aggregated, deferred replacement of well depletions during the <br />non irrigation season- this depends on the ability of the State Engineer to make a <br />reliable determination that reservoirs are likely to fill in the upcoming season. <br />• If DWR would allow delayed aggregated replacement then reservoir paper fill <br />accounting would be required only to the extent that replacements are required <br />• DWR has allowed and will continue to allow limited aggregation of replacement <br />to occur in a month during the non-irrigation season if no injury will occur for <br />efficiency purposes. The water court has long recognized the practice of minimal <br />aggregation of replacement if there is not injury. If there is not injury, DWR will