Substitute Water Supply Plan Forum September 1 2004

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3 situations affecting the public health and safety and are not intended to be used for situations including, but not limited to, crop relief, piscatorial or recreational purposes. 10) No substitute water supply plan shall be granted pursuant to 37- 92- 308(5) if stream depletions from out of priority diversions are projected to occur more than five years-after diversions begin -or if the appifeanf teas- sought water court approval of a plan for augmentation or a change of water right for some or all of the same structures or water rights. 11)The conversion of a substitute water supply plan applied for under section 37 -92- 308(5), C.R.S. (2003) to a substitute water supply plan applied for under section 37 -92- 308(4), C.R.S. (2003) shall not occur without prior approval from the State Engineer. 12)The time periods allowed for approvals and renewals of requests submitted under section 37 -92- 308(4), C.R.S. (2003) shall not be dependent upon the time the water court application has been pending with the water court prior to the request. If the conversion is allowed, the State'Engineer will count any years operating under 37- 92- 308(5) approval towards the annual renewal limits contained in 37 -92- 308(4). 13) Emergency requests for substitute water supply plans under section 37 -92- 308(7), C.R.S. (2003) shall have the highest priority for evaluation. Every attempt will be made to process emergency:requests as soon as possible. Requests submitted under sections 37 -92- 308(4) and (5), C.R.S. (2003) shall be evaluated chronologically based on the date of submittal to the State Engineer unless directed otherwise by the State Engineer. Evaluations for requests submitted under section 37 -92- 308(3) shall be pursuant to timeframes established in this section. 14) Water from wells decreed in Larimer County District Court Civil Action 11217 shall not be used as a source of replacement supply or substituted water supply in a substitute water supply plan. 15) The State Engineer's Office does not have the authority or resources to provide consulting engineering services. Thus, a substitute water supply plan request must be complete upon submittal to the State Engineer. Often, consultation with a professional enginge�, may he neceG W to address the technical and engineering issues involved and to assure that a complete request is prepared. The following items must be addressed when submitting a request for approval of a substitute water supply plan. a) Provide a statement regarding the justii'icaM ,and need. - Please cite the subsection of section 37 -92 -308, G.R.S. (2003) under which the request is being made. b) Show Proof of Notice as required in sections 37- 92- 308(3)(b)(IV), 37-92 - 308(4)(a)(il), 37- 92- 308(5)(a)(II), and 37- 92- 308(7), C.R.S., (2003), by providing a copy of a certificate of mailing or equivalent by first -class mail from the applicant.