HYDRO27693

• Permit No: M1998104
• IBM Index Class Name: Hydrology
• Doc Date: 5/31/2007
• Doc Name: Substitute Water Supply Plan
• From: OSE
• To: E & C Services
• Media Type: D
• Archive: No

Ms. Dana Miller
May 31, 2007
Page 2
The City of Aurora diverts water into a pipeline approximately 1 mile upstream from the
Templeton Ditch; which is then transported to Twin Lakes. Additionally, the Colorado Water
Conservation Board has a 7 cfs instream water right from the pipeline down Halfmoon Creek to
the creek's confluence with the Arkansas River. ACA must not impact these water right.
CONDITIONS OF APPROVAL
This plan is hereby approved pursuant to the following conditions:
1. This SWSP shall be valid through July 31, 2007. Should an additional SWSP be
requested, the provisions of CRS 37-92-308(5) shall apply. The statutory fee of $300
will be required pursuant to CRS 37-92-308(8).
2. The applicant must provide written approval from the owners of the Templeton Ditch
allowing the Ditch to be used as a carrier for this purpose prior to the operation of this
-'plah. r
3. i ~~The, applicant must provide a copy of the lease with Pueblo Board of Water Works by
June 15, 2007.
,~_A.. The applicant must not divert water when the flows in Halfmoon Creek are 7 cfs or less.
5. App~ovat of this SWSP is for the purposes stated herein. The State Engineer's Office
must first approve any additional uses for which the water may be used. The
replacement water, which is the subject of this SWSP, cannot be sold or leased to any
other entity during the term of this SWSP without prior approval of the Division
Engineer.
6. The Applicant shall provide daily accounting (including, but not limited to diversions,
depletions, replacement sources, and river calls) on a monthly basis. The accounting
must be emailed to the Water Commissioner, Gerald Hanks, [e-mail], and
the Division 2 office, [e-mail], within 10 days of the end of the
month for which the accounting applies. Accounting and reporting procedures are
subject to approval and modification by the Division Engineer. Accounting forms need
to identify the WDID number for the reservoir operating under this SWSP.
7. The name, address, and phone number of the contact person who will be responsible
for the operation and accounting of this SWSP must be provided with the accounting
forms to the Division Engineer and Water Commissioner.
8. All diversions shall be measured in a manner acceptable to the Division Engineer. The
Applicant shall install and maintain such measuring devices as required by the Division
Engineer for operation of this SWSP.
9. Replacement water shall be made available to cover all out-of-priority depletions in time,
place, and amount and shall be made available under the direction and/or approval of
the Water Commissioner.
10. This SWSP may be revoked or modified at any time should it be determined that injury
to other vested water rights has occurred or will occur as a result of the operation of this
SWSP. Should this SWSP expire without renewal or be revoked prior to adjudication of
a permanent plan for augmentation, all use of water under this SWSP must cease
immediately.
11. The decision of the State Engineer shall have no precedential or evidentiary force, shall
not create any presumptions, shift the burden of proof, or serve as a defense in the
pending water court case or any other legal action that may be initiated concerning the