DWR_3459163 - Laserfiche WebLink

Cristyn Radabaugh June 28, 2019 Page 9 of 10 and the contract between the United States and Southeastern Colorado Water Conservancy District. 34) The Applicants cannot exchange water pursuant to this IWSA to Pueblo Reservoir to the extent flows immediately below Pueblo Reservoir, including Fish Hatchery releases, are below 100 cfs, or to cause such flows immediately below Pueblo Reservoir to be less than 100 cfs. 35)Applicant must not operate any exchange under this IWSA, except exchanges that operate entirely downstream of the Avondale Gauge, when flows at the USGS Gauge at Avondale (currently USGS Gauge No. 07109500) are, or to the extent such exchanges will cause such flows at the Avondale Gauge to be, less than 500 cfs of native water (excluding reservoir releases). 36) Accounting of water in this IWSA must be provided to the Division Engineer on forms, at a frequency, and at times acceptable to the Division Engineer. At a minimum, said accounting must be received by the 10th of the month following the month being reported. The name, email address and phone number of the contact person who is responsible for operation and accounting of this IWSA must be provided on the accounting forms. Daily accounting elements must be provided to the Division Engineer weekly during the first 28 days of operations, in addition to the monthly accounting, on a reporting schedule as designated by the Division Engineer. The accounting must be e-mailed to the Augmentation Engineer Eunhye Kim, (Eunhye.Kim@state.co.us) and the Water Commissioner Lonnie Spady (Lon nie.Spady@state.co.us). Accounting and reporting procedures are subject to approval and modification by the Division Engineer. 37) Should the Applicant seek to cancel this IWSA, prior to operating the IWSA for three years, the Applicant must provide a written request to cancel the IWSA to the State Engineer. Such request must specify the amount of historical return flows that are still owed to the stream and demonstrate that such return flows will be replaced. 38) The State Engineer may revoke this IWSA or add additional restrictions to its operation if at any time the State Engineer determines that injury to other vested water rights has occurred or will occur as a result of the operation of this IWSA. Should this IWSA be revoked during the approval period, all use of water under this IWSA must cease immediately. 39) 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 any pending water court case or any other legal action that may be initiated concerning the IWSA. This decision shall not bind the State Engineer to act in a similar manner in any other applications involving other IWSAs or SWSPs and shall not imply concurrence with any findings of fact or conclusions of law contained herein, or with the engineering methodologies used by the Applicant. Any appeal of a decision made by the State Engineer concerning an IWSA pursuant to 9 37-92-309(4, C.R.S., must be to the Division 2 Water Judge within thirty-five days of the date of this decision.