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2 <br />2) Requests for substitute water supply plans for providing domestic water within <br />new or proposed residential subdivisions will not be granted because of the <br />potential of the substitute water supply plan not being renewed and a permanent <br />plan for augmentation not being approved by the water court. Under these <br />circumstances, persons purchasing lots and constructing homes could potentially <br />be faced with mandatory curtailment of their water source. <br />3) Requests for substitute water supply plans involving not - nontributary ground <br />water will not be granted because statutes specifically require a judicially <br />approved plan for augmentation prior to the pumping of not - nontributary wells. <br />See section 37- 90- 137(9)(c)(1), C.R.S. (2003). <br />4) The Proof of Notice required by section 37- 92- 308(4)(a)(II), C.R.S. (2003) shall <br />be a copy of a certificate of mailing or equivalent by first -class mail from the <br />applicant. <br />5) The notification required by sections 37- 92- 308(3)(b)(IV), 37- 92- 308(4)(11), 37-92- <br />308(5)(a)(11) and 37 -92- 308(6), C.R.S. (2003) shall include a statement that a <br />response to the notice is required to be considered a "party to the application ". <br />This response indicating party status must be sent to the State Engineer or his <br />designated agent by first -class mail or by electronic mail. The applicant should <br />state in the notice that a response to the State Engineer must be received within <br />30 days of notice. All responses to the notice and SWSP must be sent to the <br />State Engineer's-Office and the Applicant. <br />6) The Division. of Water Resources may act on a request for approval of a <br />substitute water supply plan prior to the expiration of the 30 -day comment period, <br />if comments have been received from all opposers or noticed parties. See <br />sections 37- 92- 308(4)(a)(III) and (5)(a)(III), C.R.S. (2003).. <br />7) Section 37 -92- 308(6), C.R.S. (2003) directs the State Engineer to establish a <br />notification list for each water division to notify interested parties of requests for <br />approval of substitute water supply plans (including emergency approval for <br />augmentation wells): <br />To be placed on the notification list, parties shall pay a fee of twelve dollars per <br />calendar year, per water division. The notification lists may be posted on the <br />Division of Water Resources' website. <br />The requestor shall provide copies of the proposed substitute water supply plan <br />to all parties on the list and shall contact the Division of Water Resources for the <br />current notification list at the time of mailing. <br />8) A hearing shall be held pursuant to 37- 92- 308(3)(b)(IV), C.R.S. (2003) (aka, SB <br />03 -73), regardless of whether comments are received from any party. <br />9) Only one emergency request pursuant to section 37 -92- 308(7), C.R.S. (2003) will <br />be allowed per applicant in any twelve -month period, unless the State Engineer <br />specifically allows a subsequent request. Emergency requests are limited to <br />