2016-11-07_REVISION - M1978210

• Permit No: M1978210
• IBM Index Class Name: REVISION
• Doc Date: 11/7/2016
• Doc Name: Request for Technical Revision
• From: Weld County Public Works
• To: DRMS
• Type & Sequence: TR4
• Email Name: PSH
• Email Name: WHE
• Media Type: D
• Archive: No

4179214 Pages: 7 of 16
02/08/2016 01:54 PM R Fee:$86.00
Carly Koppes, Clerk and Recorder, Weld County, CO
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Page 7 of 11
replacements to the Cache la Poudre River continue to be required as per the
above, in which event Applicant shall make replacements to the Cache la
Poudre River using Geisert Reservoir water for an additional 72-hour period.
If at any time, Applicant does not receive notification from Thornton within
any 72-hour period that it is making said replacements, Applicant may cease
making the replacement to the Cache la Poudre River using Geisert Pit water.
Nothing herein shall be construed as authorizing Applicant to avoid making
its replacement obligations otherwise required by this Decree.
16. Additional Supplies of Augmentation Water: Pursuant to §37-92-305(8) C.R.S., the Court
may authorize Weld County to use additional or alternative sources of augmentation water
for replacement in this Augmentation Plan, including water leased by Weld County, if such
sources are part of a substitute water supply plan approved pursuant to §37-92-308 C.R.S., or
if such sources are decreed for such use. The Court may also authorize Weld County to use
additional or alternative sources of augmentation water for replacement in this Augmentation
Plan, including water leased by Weld County, if such sources are part of an interruptible
water supply agreement approved pursuant to §37-92-309, C.R.S. The procedures under
which these sources may be added to this plan are set forth herein. These procedures are
adequate to prevent injury to other water rights that might otherwise result from the addition
of these sources to this plan.
16.1. Additional Water Rights Separately Decreed for Augmentation Use. If a
water right is decreed or lawfully available for augmentation use and not
already approved for such use under this Decree, Weld County shall give at
least thirty-five (35) days advance written Notice of Use of Water Right for
Augmentation, to the Court, the Division Engineer and all the objectors
herein which shall describe 1)the water right by name and decree, if any; 2)
the annual and monthly amount of water available to Weld County from the
water right; 3) the location or locations at which the water will be delivered
to the stream; 4) the manner in which Weld County will account for use of
the augmentation credits; 5)explanation of Applicant's right to use the water
right to be added and that the claimed amount of water will not be used by
another person.
16.2. Other Additional Water Rights. If a water right is not decreed or otherwise
lawfully available for augmentation use, and Colorado statutes or other
governing authority provide a mechanism for using such water right without
the need of a decree or well permit, Weld County shall provide written notice
to the objectors herein of its request for approval of the State Engineer
pursuant to §37-92-308 or §37-92-309, C.R.S., or other applicable statute.
Weld County may use such water rights in the plan of augmentation upon the
State Engineer's approval of the administrative application for the term of
such approval, unless such approval is reversed or modified on appeal.