2012-11-02_REVISION - M1984094 (3)

Home Browse Search

Case No. 2002CW389 Page 10 of 28 Any party may waive the Notice or change the address to which the Notice is sent by informing the Districts in writing at the addresses stated in Section 1, above, and by filing a copy of written waiver or change of address with the Water Court and serving the same on counsel for the Applicants. 3. Contents of Notice: The Notice shall include the Application and such supplemental information as may be submitted with the Application. The Notice shall contain a provision stating the amount of uncommitted replacement water available to the Districts after the approval and inclusion of the proposed Participating Diversion in this augmentation plan. If a new Participating Diversion is located on Tarryall or Michigan Creeks, that fact shall be included in the Notice. If an Application claims that §37- 92- 102(3)(b), C.R.S. applies, the Application shall include an affidavit from a person with personal knowledge of the use claimed to be in existence on or before the CWCB appropriated the potentially affected instream flow water right. The affidavit will set forth the person's name, how the personal knowledge was obtained, and a description of the amount diverted and type of use. If available, the Application will include documentary evidence of the use evidencing the structure existed before the CWCB appropriated the potentially affected instream flow water right. 4. Resolution of concerns: Any of the above parties may file comments with the Districts, with a copy to the State Engineer, within thirty (30) days of the date of the Notice, except that comments may be filed within sixty (60) days for Applications for commercial or industrial use. If no comments to an Application are received by the Districts and the time for comments has expired, then the Districts may approve the Application and then submit the approved Application to the State Engineer for processing, if necessary, as provided in Paragraph 8(C)(6) below. If timely comments are received by the Districts to an Application, the Districts shall either: (1) approve the Application notwithstanding the parties' comments; (2) accept or resolve the comments with the party providing the comments and approve an amended Application; or (3) deny the Application. 5. Protest: Any party who objects to the approval of an Application by the Districts may, within 60 days of notice of the approval by the Districts, petition the Water Court for a de novo hearing, under the Court's retained jurisdiction, as to whether the terms and conditions of this decree have been met with respect to the request for inclusion of the new Participating Diversion in this plan for augmentation. The mailing or electronic communication of