Laserfiche WebLink
© IM THE PUBLIC RECORD CORPORATION <br />ALL RIGHTS RESERVED 15 CR 313-92 Page 7 <br />the provisions of Rule 3.6, the State Engineer may require and utilize some or all of the following <br />information and criteria or other criteria and information deemed appropriate: <br />6.4.0 Evaluation of engineering reports, data, and other information provided by the <br />applicant. <br />6.4.1 Investigation and evaluation of the use to which the senior appropriation has <br />normally been put. <br />6.4.2 Information and records from Water Division Engineers, Water Commissioners, and <br />downstream vested water users. <br />6.4.3 Evaluation of water quality data of the substitute supply or the receiving waters <br />at or near the point where the substitute supply enters the waterway or aquifer. <br />6.5 In the evaluation and analysis of the quality of the substitute supply and in determining <br />whether to grant or deny a proposed nondecreed exchange or substitute supply plan, the State <br />Engineer shall apply the following provisions: <br />6.5.0 Pursuant to C.R.S. 37-80-120(3), the substituted water shall be of a quality to <br />meet the requirements of use to which the senior appropriation receiving the substituted supply <br />has normally been put. <br />6.5.1 Nondecreed exchanges and substitute supply plans reviewed by the State <br />Engineer, which do not meet the requirements of use to the senior appropriator, are <br />subject to denial by the State Engineer. <br />6.5.2 If appropriate water quality standards and/or classifications have been established <br />by the Water Quality Control Commission, they shall be considered in determining water <br />requirements of senior appropriators and the State Engineer shall consider the water <br />quality standards for the use which is appropriate- to the senior appropriator. For <br />example, if the senior beneficial use is agricultural in nature, then the appropriate <br />standards for agricultural use may be applied, if such criteria have some factual <br />correlation to the particular use of the senior appropriator. <br />A mass balance analysis or mixing zone approach may be used to determine if the water <br />quality standards are met for the senior appropriator's use . <br />6.5.3 The State Engineer shall consider water quality standards and classifications only <br />it the Water Quality Control Commission has established standards and/or classifications <br />for the beneficial use in question. <br />6.5.4 If as a result of the evaluation and analysis of the quality of the proposed <br />TM <br />THE CODE OF COLORADO REGULATIONS 2 CCR 402-5 <br />