Laserfiche WebLink
water rights and decreed conditional water rights, if such conditional rights will be exercised <br /> during operation of the Interruptible Water Supply Agreement, and will not impair compliance with <br /> any interstate compact. <br /> B. Knowledge of Rules. An entity that applies for approval of an Interruptible Water Supply Agreement <br /> shall have the responsibility of having the appropriate familiarity with the statutes and Rules <br /> pertaining to Interruptible Water Supply Agreements. These Rules provide minimum standards <br /> for the submittal of an Interruptible Water Supply Agreement and they do not preclude the <br /> requirement that additional information be submitted for the evaluation and approval of an <br /> Interruptible Water Supply Agreement. <br /> C. Long Term Responsibility. An Interruptible Water Supply Agreement approved according to the <br /> statutes and rules promulgated herein shall be for one ten-year period. The plan shall provide for <br /> Replacement Water, accounting, and reporting, including beyond the ten-year period, if <br /> necessary, to replace all lagged Return Flows for the period during which Return Flows are <br /> shown to occur. The Applicant shall be bound to provide such Replacement Water, accounting, <br /> and reporting for that duration. To ensure that the Replacement Water will be available <br /> throughout the duration of the obligation to replace lagged return flows, the Applicant must <br /> demonstrate that it has a contract or other legally enforceable right to use a specifically identified <br /> source of water to satisfy the return flow obligation for the maximum amount of time required. <br /> D . An Individual Interruptible Water Supply Agreement is limited to one Ditch System or Reservoir. The <br /> Interruptible Water Supply Agreement may include multiple shares from a ditch system, reservoir, <br /> or ditch/reservoir system in which the water rights in the ditch/reservoir system operate together. <br /> However, each Interruptible Water Supply Agreement is limited to water rights decreed to one <br /> ditch system, reservoir, or ditch/reservoir system in which the water rights in the ditch/reservoir <br /> system operate together. An Applicant may apply for multiple Interruptible Water Supply <br /> Agreements, provided no Water Right is included in more than one Interruptible Water Supply <br /> Agreement. (For purposes of this Rule 15.5.D , the "Water Right" is the specific right or portion <br /> of a right, e.g. specific ditch shares, that have been identified as the water right to be used in an <br /> Interruptible Water Supply Agreement and as defined in Rule 15.4 .25). <br /> E. All Water that is Subject of an Individual Interruptible Water Supply Agreement must be Operated as a <br /> Unit. All water that is subject of an Interruptible Water Supply Agreement's Water Right must be <br /> used during any year that the Interruptible Water Supply Agreement is exercised during its ten- <br /> year approval (see 37-92-309(3)(c), C.R.S.). The Water Right may not be "split" such that a part <br /> of it is used during one year and the balance used during a subsequent year. The exception to <br /> this rule is that the Applicant may exercise the Interruptible Water Supply Agreement for only a <br /> subset of the water rights included in the agreement. In such circumstances, the Applicant must <br /> specifically define the water rights that will be exercised that year and the land associated with <br /> those water rights. For purposes of 37-92-309(3)(c), any subset of water rights not used shall be <br /> deemed to have been used. The water rights that are not exercised that year will forego the right <br /> to be exercised another year in lieu of that year. <br /> 15.6 Fees <br /> Fees—Starting June 1, 2006, Applicants requesting approval of an Interruptible Water Supply Agreement <br /> pursuant to 37-92-309, C.R.S., shall pay a fee of two thousand three hundred eighty-nine dollars <br /> ($2,389). On July 1 of each year, the fee shall increase by an amount equal to the Denver Boulder <br /> Consumer Price Index. The State Engineer will, at a minimum, publish the new fee using the SWSP <br /> Notification List. The fees shall be used by the State Engineer for the publishing and administrative costs <br /> for processing Applications and renewals and administering plans. Such fees shall be deposited in the <br /> ground water management cash fund. <br /> 15.7 Review and Approval Guidelines <br /> Code of Colorado Regulations 3 <br />