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DWR_3558201
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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
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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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B. Estimates of irrigation efficiencies, ditch conveyance efficiency, and subirrigation shall be based on <br /> acceptable engineering references and standards and shall be accompanied by supporting <br /> documentation. <br /> C. A portion of land representative of that which would be irrigated by the surface Water Right shall be <br /> dried up. The report shall identify a specific location and number of acres that will be dried up. <br /> The entire parcel that is subject to dry up shall be identified in the Interruptible Water Supply <br /> Agreement. <br /> D. Maintenance of historical Return Flows from the former irrigated lands will be required if necessary to <br /> prevent injury to other water rights. The timing of Return Flows may be calculated using Glover- <br /> based techniques [including, but not limited to parallel drain theory, stream depletion factor <br /> (SDF)] or numeric modeling. <br /> 15.9 Administration, Accounting, and Reporting <br /> A. The Applicant shall submit a detailed accounting sheet providing monthly estimates of the following <br /> items including, but not limited to, the projected monthly consumptive use available from the <br /> Water Right, the monthly amount diverted, the monthly Return Flow obligation from the Water <br /> Right, the monthly amount of Replacement Water available (including consideration of transit <br /> losses). The Interruptible Water Supply Agreement shall provide the name, address and <br /> telephone number of the contact person who will be responsible for the accounting and operation <br /> of this plan. <br /> B. The accounting sheet shall be updated and submitted monthly to the Division Engineer and Water <br /> Commissioner. More frequent accounting may be required by the Division Engineer. <br /> C. Pursuant to 37-92-309(3)(d), "the applicant shall give notice by March 1 of any year that the option is <br /> to be exercised to all parties who filed comments with the state engineer pursuant to this section, <br /> unless earlier required in the agreement." The Applicant shall also provide this notice to the <br /> Water Commissioner and the Division Engineer. <br /> D. When providing notice as described in Rule 15.9.C, the Applicant shall provide consolidated <br /> accounting showing all remaining Return Flow obligations from previous years' Interruptible <br /> Water Supply Agreement operations, Return Flow obligations resulting from the proposed year's <br /> operation, and evidence of dedicated Replacement Water to meet all future Return Flow <br /> obligations. <br /> E. When providing notice as described in Rule 15.9.C, the Applicant shall provide maps, aerial <br /> photographs, and other records as necessary to identify the specific irrigated area to be dried up. <br /> The acreage to be dried up must be consistent with the acreage determined in the engineering <br /> report as described in Rule 15.8.1.C. <br /> F. Additionally, for an Interruptible Water Supply Agreement that has already been exercised for at least <br /> one year, the Applicant shall provide consolidated accounting to the Water Commissioner and <br /> Division Engineer by March 1 of each following year. The accounting shall show all remaining <br /> Return Flow obligations from previous years' Interruptible Water Supply Agreement operations <br /> and evidence of dedicated Replacement Water to meet all future Return Flow obligations. This <br /> accounting shall be submitted until such time as all Return Flow obligations have been satisfied. <br /> 15.10 Variances <br /> A. General. When the strict application of any provision of these Rules presents practical difficulties or <br /> unusual hardship, a written request for a variance from the Rules may be submitted. The <br /> Applicant must show that the requested variance will comply with the intent of these Rules to <br /> Code of Colorado Regulations 6 <br />
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