PERMFILE115995

• Permit No: M2002096
• IBM Index Class Name: Permit File
• Doc Date: 9/4/2002
• Doc Name: Office of State Engineer Response
• From: SEO
• To: DMG
• Media Type: D
• Archive: No

II~IVOLVING OUT-OF-PRIORITY DIVERSIONS, IF NO APPLICATION FOR APPRO VAL
OF A PLAN FOR AUGMENTATION HAS BEEN FII,ED WITH A WATER COURT AND
THE WATER USE PROPOSED AND THE DEPLETIONS ASSOCIATED WITH SUCH
WATER USE WILL BE FOR A LIMITED DURATION NOT TO EXCEED FIVE YEARS,
THE STATE ENGINEER MAY APPROVE SUCH PLAN AS A SUBSTITUTE WATER
SUPPLY PLAN ff THE FOLLOWING CONDITIONS ARE MET:
(I) THE APPLICANT HAS FII,ED A REQUEST FOR APPROVAL OF THE
SUBSTITUTE WATER SUPPLY PLAN WITH THE STATE ENGINEER;
(II) THE APPLICANT HAS PROVIDED WRITTENNOTICEOFTHEREQUEST
FOR APPROVAL OF THE SUBSTITUTE WATER SUPPLY PLAN BY FIRST-CLASS
MAIL OR ELECTRONIC MAIL TO ALL PARTIES WHO HAVE SUBSCRIBED TO THE
SUBSTITUTE WATER SUPPLY PLAN NOTIFICATION LIST FOR THE WATER
DMSION IN WHICH THE PROPOSED PLAN IS LOCATED AND PROOF OF SUCH
NOTICE IS FILED WITH THE STATE ENGINEER;
(III) THE STATE ENGINEER HAS GIVEN THE OWNERS OF WATER RIGHTS
AND DECREED CONDITIONAL WATER RIGHTS THIl2TY DAYS AFTER THE DATE
OF MAILING OF SUCH NOTICE TO FII,E COMMENTS ON THE SUBSTITUTE WATER
SUPPLY PLAN. SUCH COMMENTS SHALL INCLUDE ANY CLAIM OF INJURY OR
ANY TERMS AND CONDTTIONS THAT SHOULD BE IMPOSED UPON THE PLAN TO
PREVENT INJURY TO A PARTY'S WATER RIGHTS OR DECREED CONDITIONAL
WATER RIGHTS AND ANY OTHER INFORMATION THE OPPOSER WISHES THE
STATE ENGINEER TO CONSIDER IN REVIEWING THE SUBSTITUTE WATER
SUPPLY PLAN REQUEST.
(N) THE STATE ENGINEER, AFTER CONSIDERATION OF THE
COMMENTS FROM ANY OPPOSER, HAS DETERMINED THAT THE OPERATION AND
ADMINISTRATION OF SUCH PLAN WILL REPLACE ALL OUT-OF-PRIORITY
DEPLETIONS IN TIME, LOCATION, AND AMOUNT IN A MANNER THAT WII.L
PREVENT INJURY TO OTHER WATER RIGHTS AND DECREED CONDITIONAL
WATER RIGHTS, INCLUDING WATER QUALITY AND CONTINUITY TO MEET THE
REQUIREMENTS OF USE TO WHICH THE SENIOR APPROPRIATION HAS
NORMALLY BEEN PUT, PURSUANT TO SECTION 37-80-120 (3) AND WILL NOT
IMPAIR COMPLIANCE WITH ANY INTERSTATE COMPACTS. THE STATE
ENGINEER SHALL IMPOSE SUCH TERMS AND CONDITIONS AS ARE NECESSARY
TO ENSURE THAT THESE STANDARDS ARE MET. IN MAKING THE
DETERMINATIONS SPECIFIED IN THIS SUBPARAGRAPH (I~, THE STATE
ENGINEER SHALL NOT BE REQUIRED TO HOLD ANY FORMAL HEARINGS OR
CONDUCT ANY OTHER FORMAL PROCEEDINGS, BUT MAY CONDUCT A HEARING
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