Substitute Water Supply Plan Forum September 1 2004

• Description: Substitute Water Supply Plan Forum September 1 2004
• State: CO
• Date: 9/1/2004
• Title: Substitute Water Supply Plan Forum September 1 2004
• Water Supply Pro - Doc Type: Meeting

OFFICE OF THE STATE ENGINEER
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room 818
Denver, Colorado 80203
Phone [phone]
FAX [phone]
www.water.state.co.us
STATE OF COLORADO
POLICY 2003 -2
IMPLEMENTATION OF SECTION 37 -92 -308, C.R.S. (2003)
REGARDING SUBSTITUTE WATER SUPPLY PLANS
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Bill Owens
Governor
Greg E. Walcher
Executive Director
Hal D. Simpson, P.E.
State Engineer
The following general statement of policy is adopted to explain the State Engineer's . 1 c-"'
implementation of HB 02 -1414, HB 03 -1001 and SB .03 -73 regarding substitute.�;� -,
water supply plans.
Considerations and Background for Policy
Subsequent to the Supreme Court ruling in Empire Lodge Homeowners v. Moyer,
the 2002 and 2003 General Assemblies granted additional authority to the State
Engineer that allows limited approval of substitute water supply plans involving out -
of- priority diversions. According to section 37- 92- 308(1)(a), C.R.S. (2003), "There
are certain circumstances under which the time required to go through the water
court adjudication process can be problematic for some water users. Prior to
January 1, 2002, substitute water supply plans had come into common usage for a
number of water users, and based on this precedent, it appears desirable to
establish additional authority for the State Engineer to approve substitute water
supply plans." Substitute water supply plans provide water users a mechanism to
replace out -of- priority depletions on an interim basis. This allows temporary
changes of use and in the case of permanent changes, the protection of other water
rights during litigation involving water change cases and augmentation plans.
Approved substitute water supply plans include stringent terms and conditions to
ensure that operation of the plans will not injure other water rights.
This statement of policy generally explains the State Engineer's interpretation and
implementation of HB 02 -1414, HB 03 -1001 and SB 03 -73 with respect to the State
Engineer's review and approval of substitute water supply plans; however, the State
Engineer will make the final decision regarding approval of any plan.
Policy
1) Implementation of this policy hereby revokes Policy 2002 -2.