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© 1992 THE PUBLIC RECORD CORPORATION <br />ALL RIGHTS RESERVED 15 CR 37 3-92 Page 9 <br />If the State Engineer files a Statement of Opposition, Protest to Referee's Ruling, or Motion to <br />Intervene in Water Court, for the reasons described above, the State Engineer may utilize some <br />or all of the following sources to evaluate the plan, or other sources as appropriate: <br />7.1.0 Evaluation of engineering reports, data, and other information provided by the <br />applicant or others. <br />7.1.1 Investigation and evaluation of the use to which the senior appropriation has <br />normally been put. <br />7.1.2 Information and .-records .from Division.. Engineers, Water Commissioners, and <br />water users. <br />7.1.3 Evaluation of water quality data of the substitute supply or the receiving waters at <br />or near the point where the substitute supply enters the waterway or aquifer. <br />7.2 If the State Engineer elects to file a Statement of Opposition, Protest to Referee's Ruling, <br />or Motion to Intervene in Water Court, for the reasons described in Rule 7.1 above, the State <br />Engineer shall apply the following provisions in evaluating the plans as is appropriate: <br />7.2.1 If appropriate water quality standards and/or classifications have been established <br />by the Water Quality Control Commission, they shall be considered in evaluating water <br />requirements of senior appropriators. For example, if the senior beneficial use is <br />agricultural in nature, then the appropriate standards for agricultural use may be applied, <br />if such criteria have some factual correlation to the particular use of the senior <br />appropriator. - <br />Amass balance analysis or mixing zone approach maybe used to consider whether the <br />water quality standards are met for the senior appropriator's use. <br />7.2.2 The State Engineer shall consider water quality standards and classifications only <br />if the Water Quality Control Commission has established standards and/or classifications <br />for the beneficial use in question. <br />7.3 If the Stye Engineer elects to file a Statement of Opposition, Protest to Referee's Ruling, <br />or Motion to Intervene for water quality related issues, the State Engineer shall report such entry <br />to the Water Quality Control Commission. <br />7.4 'ng decrees shall not be affected by enactment of this regulation except to the extent <br />consistent with retained jurisdiction provisions in such decrees, or water quality obligations of the <br />State Engineer's Office pursuant to such decrees. When construing the State Engineer's <br />obligations pursuant to such a decree, the State Engineer shall consider all the determinations <br />made by the court in entering the decree. <br />THE CODE OF COLORADO REGULATIONS <br />2 CCR 402=8 <br />