WSP06233

• File Number: 8143.800
• Description: John Martin Reservoir - Water and Contracts
• State: CO
• Basin: Arkansas
• Water Division: 2
• Date: 12/1/1999
• Title: Report of the Colorado State Engineer - Concerning Accounting of the Operations of an Offset Account in John Martin Reservoir for Colorado Pumping - 1998 -- Part 2 of 2
• Water Supply Pro - Doc Type: Report/Study

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Frank C. Healy
June 25, 1998

Page 2

The State and Division Engineers have reviewed the plan and the adequacy of each
source of water provided for use as augmentation water, including, where necessary, the
historical consumptive use of each water right, and return flows from diversion of waters
imported into the Arkansas River Basin or other fully consumable waters proposed for use as
augmentation water. In accordance with Section 25-8-202(7), C.R.S. and Senate Bill 89-181
Rules and Regulations adopted on February 4,1992, the State Engineer has determined that
subject to the terms and conditions below, the replacement supply is of a quality to meet the
requirements of use to senior appropriators.

Based on stream depletions determined in accordance with the Amended 1996 Well Use
Rules decreed in case no. 95CW211, and consistent with other provisions of the Rules, the
State and Division Engineers have determined that, subject to the terms and conditions set forth
below, it appears the plan to divert tributary ground water will provide sufficient augmentation
water in amount, time, and location to replace out-of-priority depletions to senior surface water
rights in Colorado, to the extent required by Rule 11, and all depletions to usable Stateline flow
caused by such diversions and may therefore be approved pursuant to Rule 7.

This substitute water supply plan is hereby approved pursuant to Section 37-80-120,
C.R.S., subject to the following conditions:

1. Accounting of water in this plan, including diversions into, out of, and storage within the
pond and terraces, and replacement water deliveries must be provided to the Water
Commissioner and Division Engineer on forms and at times acceptable to them.

2. The 3 storage terraces must be drained of water by the end of February.

3. This approval is of a temporary nature wtlere as the uses approved in this plan are of a
permanent nature that will require a court decreed plan for augmentation. Any request for
renewal of this plan must include a description of progress made toward obtaining a
permanent source of replacement water, and a target date for filing an application for a
permanent plan with the water court.

4. Should a request for renewal of this plan be needed, such renewal request must be
submitted to this office at least 45 days prior to the expiration date of this plan.

5. This plan shall be valid through August 31,1999, unless otherwise revoked or modified.

6. This plan may be revoked or modified at any time should it be determined that injury to other
vested water rights has or will occur as a result of the operation of this pian.

7. Should this substitute water supply plan expire without renewai or be revoked prior to
adjudication of a permanent plan for augmentation, all water must be immediately drained
from all structures.

8. In accordance with amendments to Section 25-8-202-(7), C.R.S. and "Senate Bill 89-181
Rules and Regulations" adopted on February 4, 1992, the State Engineer shall determine
whether or not the substitute supply is of a quality to meet requirements of use to senior
appropriators. As such, water quality data or analysis may be requested at any time to
determine if the water quality is appropriate for downstream water users.