Substitute Water Supply Plan Forum September 1 2004

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t . STATE OF COLORADO OFFICE OF THE STATE ENGINEER of cote Division of Water Resources Department of Natural Resources rya o 1313 Sherman Street, Room 818 * * Denver, Colorado 80203 * 1876 Phone (303) 866 -3581 FAX (303) 866 -3589 Bill Owens www.waterstate.co.us ATTACHEMENT TO Governor P Greg t Watcher OLICY2003 -2 Executi ve Director Hal D. Simpson, P.E. State Engineer GENERAL GUIDELINES FOR SUBSTITUTE WATER SUPPLY PLANS SUBMITTED TO THE STATE ENGINEER PURSUANT TO SECTION 37 -92 -308, CRS (2003) The Colorado Legislature passed House Bill 02 -1414 in 2002 House Bill 03 -1001 and Senate Bill 03 -073 in 2003 authorizing the State Engineer to approve limited substitute water supply plans. The provisions of this bill are found in Section 37 -92 -308, C.R.S. (2003). This statute affects all. substitute water supply plans submitted to the State Engineer after January 1, 2002, sets.-fees associated for review (BB 02- 1414), provides specific requirements on those wells operating within the South Platter River Basin (SB 03 -073), and allows for temporary approval of change of water rights within- substitute water supply plans (HB 03- 1001). To maintain consistency and to streamline the review process, the State Engineer's Office (SEO) is requesting substitute water supply plan applications submitted pursuant to Section 37 -92 -308, C.R.S. follow the format - presented below, where applicable or as more. specifically provided for in 37 -92 -308 (e.g. 37 -92= 308(3)). These general evaluation guidelines are. provided to assist the applicant in preparing the substitute water supply plan request and are not to be construed as formal policy. Even though most of these guidelines address engineering related issues, there are some that address policy concems of the State Engineer as well as statutory requirements (Also see revised Policy 2003 - ?). PROJECT DESCRIPTION 1. Provide a statement regarding the need and justification. Please cite the subsection of Section 37 -92 -308, C.R.S. (2003) under which the request is being made. The statutory fee for asubstitute water supply plan request (new or renewal) to be evaluated under .37 -92 -308, C.R.S. is $300. South Platter River basin wells that have been operating pursuant to substitute water supply plans approved before 2003, or for augmentation wells, using the procedures and standards set forth in 37 -92- 308(3), C.R.S., may apply for renewal each year through the calendar year 2005, after which all diversions must cease unless the applicant submits a plan under 37- 92- 308(4), or must be included in a plan for augmentation approved by a water judge, or must operate under their own priority. A request submitted under 37 -92- 308(4) must be accompanied by a copy of the water court application with case number. A plan that is submitted pursuant to 37- 92- 308(5) cannot have depletions exceeding five years. A plan that is to be evaluated pursuant to 37 -92- 308(7) must address emergency situations only. An