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DWR_3485468
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DWR_3485468
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Last modified
9/11/2025 7:58:05 AM
Creation date
8/16/2019 3:25:23 PM
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Template:
Rulemaking
Rule Name
Senate Bill 181 (Water Quality) Rules (2CCR-402-8)
Document Type - Rulemaking
Final Actions
Subject
Senate Bill 181 Rules: IMPLEMENTATION OF SUBSECTION 25-8-202(7), C.R.S. (2CCR 402-8), SB-181
Date Effective
3/30/1992
Year Initiated
1992
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Page 6 <br />and 37-92-305(5) which may result in discharges to ground water; <br />5.5.1 where the substitute supply is discharged in a pit, excavation or discretely <br />identifiable location, the point of compliance shall be located at the boundary of the area <br />of the spreading basin or the area physically disturbed by the construction of the pit or <br />excavation. <br />5.5.2 where the substitute supply is discharged over a large area, the point or points <br />of compliance may be located adjacent to the discharged area or, where appropriate, at <br />another location downgradient where representative samples may reasonably be <br />obtained, provided that intervening senior appropriator's requirements of use have been <br />met. In no event shall a point of compliance be located farther away than where the <br />discharge to groundwater enters a surface stream. <br />See Rules 6 and 7 for methods of implementation of standards and classifications at these <br />points of compliance. <br />5.6 The point of compliance described in Rule 5.5 shall not apply to activities regulated by <br />the Water Quality Control Commission, Water Quality Control Division, or other implementing <br />agencies. <br />RULE 6 IMPLEMENTATION OF STANDARDS AND CLASSIFICATIONS FOR <br />NONDECREED EXCHANGES AND SU SUPPLY PLANS <br />6.1 Pursuant to C.R.S. 37-80-120(3)9 the State Engineer has the authority, in reviewing <br />applications for approval of nondecreed exchanges and substitute supply plans, to require that <br />the substitute supply shall be of a quality to meet the requirements of use to which the senior <br />appropriation receiving the substituted supply has normally been put._ <br />6.2 Pursuant to C.R.S. 37-80-120(3), the State Engineer shall determine whether the <br />substitute supply is of a quality to meet the requirements of use to which the senior <br />appropriation has normally been put. <br />6.3 The Star Engineer may reasonably require the applicant to provide water quality data and <br />analysis or otlw information to properly evaluate and analyze the quality of the substitute supply <br />and assure the requirements of use of the senior appropriator are met. N such water quality data <br />and analysis or other information requested by the State Engineer is not provided vrithin 30 days <br />of request, or an extension of time thereof, the nondecreed exchange or substihute supply plan <br />shall be denied. Denial shall not impair the timely evaluation of a resubmitted request for a <br />nondecreed exchange or substitute supply plan with the requested data. <br />6.4 In the evaluation and analysis of the quality of the substitute supply and in implementing. <br />�''1•L� <br />T" <br />2 CCR 402=8 THE CODE OF COLORADO REGULATIONS <br />
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