2012-11-02_REVISION - M1984094 (3)

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Case No. 2002CW389 Page 11 of 28 approval of the Application by the Districts to any party that submitted comments shall trigger the 60 day period for filing of such a petition by that party. Such de novo hearing shall be pursuant to the Water Right Determination and Administration Act of 1969, §37- 92 -101 C.R.S., et. seq., and the Districts shall have the burden of proving that the inclusion of the new Participating Diversion in this plan for augmentation conforms to the terms and conditions of this decree. Participating Diversions located within the Service Area, by either an uncontested approval by the Districts or by order of the Water Court, shall be made part of this decreed plan for augmentation. 6. Submission to Office of State Engineer: Upon the conclusion of the Notice, comment and protest period in paragraphs 8(C)(2) -(5), above, if a Participating Diversion requires a well permit or other authorization from the State Engineer's Office, the Districts will submit the Application to the State Engineer for such approval. If applicable, Applicants will include a well permit application, the appropriate application fee and a summary of the process followed in paragraphs 8(C)(2) -(5). To the extent that global positioning system (GPS) information is determined and available to the Districts or the Participating Diversion, the data regarding the GPS locations will be provided to the State Engineer. 7. Authority of State Engineer: In considering applications for well permits for Participating Diversions under the terms of this plan for augmentation, the State Engineer shall exercise his statutory authority with respect to the design, construction, location and permitting of such Participating Diversions and shall do so as to prevent injury to other wells and other owners of water rights. Additionally, permits issued by the State Engineer pursuant to §37- 90- 137(2), C.R.S., for such Participating Diversions may require that totalizing flow meters be installed by each water user as a condition of diverting water, the depletions from which diversions are to be augmented by this plan. The State Engineer shall evaluate any well permit applications necessary in accordance with the requirements of §37- 90- 137(2), C.R.S. For any well added to this plan as a Participating Diversion, no diversions from such well shall be authorized until such time as a well permit is issued for uses approved to be augmented under this decree. Any well that is constructed with a valid well construction permit issued by the Office of the State Engineer as a replacement well to any well included as a Participating Diversion in this decree may also be covered by this plan for augmentation provided the replaced well is properly abandoned.