Laserfiche WebLink
<br />e <br /> <br />e <br /> <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />II <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br /> <br />e <br /> <br />SUBSECTIONS (2) AND (3) OF THIS SECTION AND IN ADDITION: <br />(I) THE RULES SHALL APPLY ONLY TO THOSE WELLS VESTED ON OR <br />BEFORE JUNE 7, 1969, OR RE-TIMING WELLS AS DEFINED IN SECTION <br />37-90-103. <br />(II) THE RULES MAY INCLUDE PROVISIONS THAT ALLOW THE STATE <br />ENGINEER TO APPROVE REPLACEMENT PLANS. IN APPROVING THE <br />REPLACEMENT PLANS, THE STATE ENGINEER HAS THE AUTHORITY TO <br />QUANTIFY OUT-OF-PRIORITY DEPLETIONS, QUANTIFY THE YIELD OF <br />REPLACEMENT SOURCES, DETERMINE MATERIAL INJURY, REQUIRE TERMS <br />AND CONDITIONS THAT ARE SUFFICIENT TO PREVENT MATERIAL INJURY TO <br />SENIOR WATER USERS, AND REQUIRE TERMS AND CONDITIONS THAT ARE <br />SUFFICIENT TO ENABLE COLORADO TO COMPLY WITH ITS INTERSTATE <br />OBLIGATIONS. <br />(lII) THE RULES SHALL NOT ASSUME THAT THE DEPLETIONS FROM <br />OUT-OF-PRIORITY IRRIGATION USES ARE LESS THAN FIFTY PERCENT OF <br />DIVERSIONS UNLESS THE STATE ENGINEER BASES THE DEPLETION <br />ASSUMPTION ON THE OUTPUT OF THE COMPLETED AND CALIBRATED SOUTH <br />PLATTE DECISION SUPPORT SYSTEM. <br />(IV) THE STATE ENGINEER MAY ALLOW BY-PASSES OF DIRECT <br />FLOW SURFACE WATER RIGHTS THAT ARE OWNED BY THE WELL OWNER AS <br />AN APPROPRIATE REPLACEMENT SOURCE ON A TEMPORARY BASIS FOR <br />THREE YEARS, BUT AFTER THREE YEARS THE REPLACEMENT SOURCE MAY <br />BE RECOGNIZED ONLY IF AN APPLICATION TO CHANGE THE SUBJECT WATER <br />RIGHT HAS BEEN DECREED OR A DECREE IS PENDING IN THE WATER COURT. <br />REPLACEMENT SOURCES THAT ARE NOT OWNED BY THE WELL OWNER <br />SHALL BE EVALUATED PURSUANT TO THE PROVISIONS CONCERNING <br />LOANED WATER RIGHTS. <br /> <br />-3- <br /> <br />S803-073 <br />