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Rainwater Harvesting Legal Framework Page 4 5. After the required two years of data collection, operate pilot project pursuant to an SWSP' or augmentation plan without a need to replace the historic natural depletion. Any water stored in excess of historic natural depletion must be augmented. Sponsor may first apply to the water court for an augmentation plan and a 308(4) SWSP (option a) or operate pursuant to a 308(5) SWSP without a court application (option b). After operating under a 308(5) SWSP, an applicant may file an augmentation plan application in water court and then operate pursuant to a 308(4) SWSP prior to obtaining a decree (i.e. transition from Option b to Option a). Option a - File Application in Water Court Option b - No Water Court Application File augmentation plan application in water Apply for and operate under 37-92-308(5) court. SWSPs approved annually for no more than 5 natural depletion. years.' Apply for and operate under 37-92-308(4) SWSPs approved annually. 6. The pilot project will either operate permanently pursuant to an augmentation plan decree or cease operation as shown below: Option a - Obtain Court Decree >t Operate Option b - Cease Operation Operate project pursuant to Court Decree As described in 115(6)(c)(II)(A), Applicants without a need to replace the historic must apply to and obtain approval from the natural depletion. state engineer to permanently retire the rainwater collection system. The state engineer will require replacement of ongoing delayed depletions. 7. Submit a final report to the CWCB board and the state engineer by January 15, 2025, as required by section 37-60-115(6)(d). 5 The standard guidance for applying for an SWSP is Suggestions on Submittals of SWSP Requests and Comments (12/20/2017) and Policy 2003-2: Implementation of Section 37-92-308, C.R.S. (2003) Regarding Substitute Water Supply Plans. Additional information about SWSP requirements for rainwater harvesting is included in Section C of this memo. 6 37-92-308(5)(a) states, "the depletions associated with such water use plan or change will be for a limited duration not to exceed five years". Similar to the pumping of a well, the capture of precipitation that historically would have accrued to the stream slowly through the groundwater creates a lagged depletion. Therefore, the operation of a precipitation harvesting project may create depletions that lag for several years. If the lagged impact of operating the project exceeds five years, it is not possible to operate pursuant to a 308(5) SWSP except pursuant to the limited exception described in 308(5)(b)(II), where a precipitation harvesting pilot project sponsor "may request renewal of a plan that would extend the plan past five years from the initial date of approval if the project sponsor demonstrates to the state engineer that an additional year of operation under the plan is necessary to obtain sufficient data to meet the Colorado water conservation board's criteria for evaluating the pilot project or an application for a permanent augmentation plan is pending before the water court."