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Administrative Statement: Storm Water and Post-Wildland Fire Facilities, DWR <br /> February 11, 2016 <br /> Page 4 of 5 <br /> Post-Wildland Fire Facilities <br /> Pursuant to section 37-92-602(8), a post-wildland fire facility is a facility that: <br /> • Includes a structure or series of structures that are not permanent. <br /> • Is located on, in or adjacent to a nonperennial streams. <br /> • Is designed and operated to detain the least amount of water necessary, for the shortest <br /> duration of time necessary, to achieve the public safety and welfare objectives for which <br /> it is designed. <br /> • Is designed and operated solely to mitigate the impacts of wildland fire events that have <br /> previously occurred. <br /> In addition, to qualify for the allowances provided in SB-212, the facility: <br /> • Must be removed or rendered inoperable after the emergency conditions created by the <br /> fire no longer exist, such that the location is returned to its natural conditions with no <br /> detention of surface water or exposure of ground water. <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 will not be operated as the basis for a water right, credit, or other <br /> water use right. <br /> If the post-wildland fire facility meets the requirements listed above, it does not cause material <br /> injury to vested water rights. While DWR recognizes that post-wildland fire facilities are <br /> essential to the protection of public safety and welfare, property, and the environment, DWR <br /> may, from time to time, request that the person who owns, operates, or has oversight of the <br /> post-wildland fire facility supply information to DWR to demonstrate they meet the criteria set <br /> forth above. <br /> If a post-wildland fire facility does not meet all the criteria set forth above, it will be subject <br /> to administration by the State Engineer. <br /> s DWR may use the National Hydrography Dataset or other reasonable measure to determine the <br /> classification of a stream <br /> i.OF�U1O\ <br /> 1313 Sherman Street, Room 821, Denver,CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us �NI Iol. <br /> .'� .I <br /> \1876j" <br />