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Administrative Statement: Storm Water and Post-Wildland Fire Facilities, DWR <br /> February 11, 2016 <br /> Page 2 of 5 <br /> In addition, to qualify for the allowances provided in SB-212, the facility: <br /> • Must not be located in the Fountain Creek watershed, unless the facility is required by or <br /> operated pursuant to a Colorado Discharge Permit System Municipal Separate Storm <br /> Sewer System Permit issued by the Department of Public Health and Environment <br /> pursuant to Article 8 of Title 25, C.R.S. <br /> • Must not use water detained in the facility for any other purpose nor release it for <br /> subsequent diversion by the person who owns, operates, or has oversight over the <br /> facility. The facility cannot be operated as the basis for a water right, credit, or other <br /> water use right. <br /> • Must not expose ground water. <br /> • May include a structure or series of structures of any size. <br /> If the Detention Facility was constructed on or before August 5, 2015 and meets all the <br /> requirements listed above, it does not cause material injury to vested water rights and will not <br /> be subject to administration by the State Engineer. <br /> If the Detention Facility is constructed after August 5, 2015, meets the requirements listed <br /> above, and the operation of the detention facility does not cause a reduction to the natural <br /> hydrograph as it existed prior to the upstream development, it has a rebuttable presumption of <br /> non-injury pursuant to paragraph 37-92-602(8)(c)(II). A holder of a vested water right may bring <br /> an action in a court of competent jurisdiction to determine whether the operation of the <br /> detention facility is in accordance with paragraph 37-92-6O2(8)(c)(II)(A) and (B) has caused <br /> material injury. If the court determines that the vested water rights holder has been injured, <br /> the detention facility will be subject to administration. <br /> In addition, for Detention Facilities constructed after August 5, 2015, the entity that owns, <br /> operates, or has oversight for the Detention Facility must, prior to the operation of the facility, <br /> provide notice of the proposed facility to the Substitute Water Supply Plan (SWSP) Notification <br /> List for the water division in which the facility is located. Notice must include: the location of <br /> proposed facility, the approximate surface area at design volume of the facility, and data that <br /> demonstrates that the facility has been designed to comply with section 37-92-6O2(8)(b) <br /> paragraphs (B) and (C). The State Engineer has not been given the statutory responsibility to <br /> review notices, however, DWR staff may choose to review notices in the course of their normal <br /> water administration duties. Not reviewing notices does not preclude the Division Engineer from <br /> 1313 Sherman Street, Room 821,Denver,CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us y <br /> 1876 j' <br />