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DWR_3558201
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Last modified
12/28/2020 1:37:07 PM
Creation date
1/10/2020 12:23:53 PM
Metadata
Fields
Template:
Rulemaking
Rule Name
Interruptible Water Supply Agreement Rules (2CCR-402-15)
Document Type - Rulemaking
Final Actions
Subject
RULES AND REGULATIONS FOR SUBMITTAL AND EVALUATION OF INTERRUPTIBLE WATER SUPPLY AGREEMENTS
Date Effective
12/26/2006
Tags
DWR Re-OCR
Description:
Signifies Re-OCR Process Performed on or after 10/6/2019
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15.7.1 The general guidelines contained in this Rule 15.7 explain the State Engineer's <br /> interpretation and implementation of 37-92-309, C.R.S.with respect to the State Engineer's <br /> review and approval of Interruptible Water Supply Agreements. <br /> A. Requests for approval of Interruptible Water Supply Agreements that include a request for approval of <br /> out-of-priority diversions and the replacement of depletions caused by those diversions will not be <br /> granted. Such operations require either a court approved plan for augmentation or an approved <br /> substitute water supply plan pursuant to 37-92-308, C.R.S. <br /> B. Requests for approval of an Interruptible Water Supply Agreement using a water right from wells <br /> decreed in Larimer County District Court Civil Action 11217 will not be granted. <br /> C. The Application should be submitted as a paper copy and should be sent to the State Engineer, 1313 <br /> Sherman Street, Denver, CO, 80203. Additional reports, data files, or other documentation may <br /> be submitted electronically (for example, on compact disc) or made available from an ftp site. <br /> D. The Applicant shall provide notice as required in section 37-92-309(3)(a) and as provided herein. To <br /> ensure proper notice, the Applicant shall provide copies of the proposed Interruptible Water <br /> Supply Agreement to all parties on the SWSP Notification List and shall contact the Division of <br /> Water Resources for the current SWSP Notification List just prior to the time of mailing to ensure <br /> the Applicant uses the most current List. In addition to providing the Interruptible Water Supply <br /> Agreement to all parties on the SWSP Notification List, the Applicant must make all reports, data <br /> files, and other documentation available to those parties who request it. The State Engineer <br /> encourages the Applicant to make supporting documentation available by electronic means. <br /> E. The Proof of Notice required by section 37-92-309(3)(a), C.R.S. shall be a copy of a certificate of <br /> mailing or equivalent by first-class mail or by electronic mail from the Applicant. The Proof of <br /> Notice shall be filed with the Application. <br /> F. The notification required by section 37-92-309(3)(a), C.R.S. shall include a statement that any owners <br /> of water rights seeking party status must file a response to the notice to be considered a "party to <br /> the Application" . This response indicating party status must be sent to the State Engineer or <br /> his/her designated agent by first-class mail or by electronic mail. The Applicant should state in <br /> the notice that a response to the State Engineer must be received within 30 days of mailing notice <br /> of the Application and that all responses to the notice must be sent to the State Engineer's Office <br /> and the Applicant. <br /> G. Any portion of a water right that is subject of a substitute water supply plan approved pursuant to <br /> C.R.S. 37-92-308 may not be included in an Interruptible Water Supply Agreement. <br /> H. The State Engineer's Office does not have the authority or resources to provide consulting <br /> engineering services. Thus, a request for approval of an Interruptible Water Supply Agreement <br /> must be complete upon submittal to the State Engineer. Often, consultation with a professional <br /> engineer may be necessary to address the technical and engineering issues involved and to <br /> ensure that a complete request is prepared. The following items must be included when <br /> submitting a request for approval of an Interruptible Water Supply Agreement. <br /> 1. A statement regarding the justification and need. <br /> 2. Proof of Notice as required in sections 37-92-309(3)(a), C.R.S. and Rule 15.7.1.F. <br /> 3. A narrative description summarizing the water resource aspects of the Interruptible Water <br /> Supply Agreement including: a description of the Water Right; the proposed use of the <br /> consumptive use portion of the Water Right to be changed, how it will be diverted, and <br /> conveyed to the place of use and the location of the place of use; the source of <br /> Code of Colorado Regulations 4 <br />
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