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Rainwater Harvesting Legal Framework Page 3 describe measurement, and provide proposed accounting (see additional discussion of unique SWSP Application Requirements Section Q. 3. Collect two years of data to determine historic natural depletion as described in 37-60-115(6)(a)(11).2 The Criteria and Guidelines (201 9)3 also specifically require "a minimum of two years of implementation of rainwater harvesting applied to non -potable uses with advanced outdoor water demand management," and replacement of 100 percent of the out -of -priority depletions (no credit for historic natural depletion) during those two years. The Criteria and Guidelines specifically require a two-year data collection period including operation of the rainwater harvesting system applied to non -potable uses, which is an out -of -priority diversion. Placing the water to beneficial use can only occur pursuant to an SWSP4. Data collection, such as that related to weather data, could occur prior to the two years of operation pursuant to an SWSP. 4. Based on at least two years of data collection, determine historic natural depletion (the portion of historical precipitation that did not return to the natural stream system due to vegetative cover evapotranspiration (ET)) and historical precipitation return f lows: Historical Precipitation Historical Precipitation Return Flows Historic Natural Depletion "quantify the site-specific amount of "amount of historic natural depletion... precipitation that, under preexisting, natural caused by the preexisting natural vegetation conditions, accrues to the natural vegetative cover evapotranspiration" stream system via surface and groundwater 37-60-115(c)(1) return flows" 37-60-115(6)(a) Determine the historic natural depletion of precipitation intercepted by surfaces made or to be made impermeable by the pilot project. Pursuant to 37-60-115(c)(1), this is the amount of depletion that does not need to be replaced when operating pursuant to an SWSP after the first two years of operation and data collection. This is also the amount of precipitation that "would not have accrued to a natural stream under preexisting, natural vegetation conditions" and can be consumed without replacement under a permanent augmentation plan pursuant to 37-60-115(c)(11)(A). 2 Create a baseline set of data and sound, transferable methodologies for measuring local weather and precipitation patterns that account for variations in hydrology and precipitation event intensity, frequency, and duration, quantifying preexisting, natural vegetation consumption, measuring precipitation return flow amounts, identifying surface versus groundwater return flow splits, and identifying delayed groundwater return flow timing to receiving streams; 3 Page 4, paragraph 2 4 The SWSPs described in this memo are authorized in accordance with Section 37-92-308(4) and 308(5). They are referred to in shorthand as 308(4) SWSP, where there is a corresponding water court application for an augmentation plan, and 308(5) SWSP, where there is not a corresponding water court application.