LEG00172

• Bill Number: SB03-073
• Year: 2003
• Title: State Engineer Water Supply Authority
• Legislation - Doc Type: Other CWCB Related Bills - Passed

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(V) IF COLORADO'S OBLIGATIONS UNDER THE TERMS OF THE SOUTH

PLATTE RIVER COMPACT ARE NOT BEING MET, ALL TRIBUTARY GROUND

WATER USES LOCATED DOWNSTREAM OF THE WASHINGTON COUNTY LINE

ON THE SOUTH PLATTE RIVER THAT ARP;JUNIOR TO JUNE 14, 1897, SHALL

BE CURTAILED IF THEY ARE NOT PROVIDING SUFFICIENT REPLACEMENT

WATER TO AUGMENT THEIR DEPLETIONS THAT ACCRUE TO THE SOUTH

PLA TIE RIVER BETWEEN APRIL 1 AND OCTOBER 15.

(VI) ALL TRIBUTARY GROUND WATER USERS SHALL BE REQUIRED

TO FILE AN APPLICATION FOR APPROV AL OF A PLAN FOR AUGMENTATION NO

LATER THAN DECEMBER 31, 2006, AND OBTAIN A DECREED

AUGMENTATION PLAN WITH REASONABLE DILIGENCE. IN EVERY SIXTH

CALENDAR YEAR AFTER THE CALENDAR YEAR IN WHICH AN

AUGMENTATION PLAN APPLICATION wAS FILED, THE WELL OWNER SHALL

FILE AN APPLICATION IN WATER COURT FOR A FINDING OF REASONABLE

DILIGENCE IF THE ORIGINAL APPLICATION HAS NOT BEEN DECREED

ABSOLUTELY. THE STATE ,ENGINEER SHALL NOT ISSUE FURTHER

REPLACEMENT PLANS FOR A TRIBUTARY GROUND WATER USER IF THE

WATER JUDGE FINDS THAT THE TRIBUTARY GROUND WATER USER IS NOT

PROCEEDING WITH REASONABLE DILIGENCE TO OBTAIN AN AUGMENTATION

DECREE.

(C) ANY TRIBUTARY GROUND WATER USER OPERATING PURSUANT

TO A DECREED AUGMENTATION PLAN MAY REOPEN ITS AUGMENTATION

PLAN AND SUBSTITUTE PROVISIONS OF THE RULES PROMULGATED UNDER

THIS SUBSECTION (4) FOR ANY PORTION OF THE PREVIOUSLY DECREED

AUGMENTATION PLAN IF THE AMENDED AUGMENTATION PLAN CONTINUES

TO BE SUFFICIENT TO PREVENT MATERIAL INJURY TO SENIOR WATER USERS

AND IS SUFFICIENT TO ENABLE COLORADO TO COMPLY WITH ITS

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SB03-073