12/28/2020 1:37:07 PM
1/10/2020 12:23:53 PM
Interruptible Water Supply Agreement Rules (2CCR-402-15)
Document Type - Rulemaking
RULES AND REGULATIONS FOR SUBMITTAL AND EVALUATION OF INTERRUPTIBLE WATER SUPPLY AGREEMENTS
Signifies Re-OCR Process Performed on or after 10/6/2019
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
All rights reserved.
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View plain text
Code of Colorado Regulations <br /> Secretary of State <br /> State of Colorado <br /> DEPARTMENT OF NATURAL RESOURCES <br /> Division of Water Resources <br /> RULES AND REGULATIONS FOR SUBMITTAL AND EVALUATION OF INTERRUPTIBLE WATER <br /> SUPPLY AGREEMENTS <br /> 2 CCR 402-15 <br /> [Editor's Notes follow the text of the rules at the end of this CCR Document.] <br /> 15.1 Title <br /> The title of these rules and regulations is "Rules And Regulations for Submittal and Evaluation of <br /> Interruptible Water Supply Agreements submitted pursuant to 37-92-309 C.R.S." The short title for these <br /> rules and regulations is the "IWSA Rules". They may be referred to herein collectively as the "Rules" and <br /> individually as a "Rule". <br /> 15.2 Authority <br /> These Rules are promulgated pursuant to the authority granted the State Engineer in Sections 37-80-102 <br /> (1)(g) and (k) and 37-92-309 (5), C.R.S. (2005). <br /> 15.3 Scope and Purpose <br /> A. 37-92-309(1), C.R.S. states, "(t)he general assembly hereby finds, determines, and declares that <br /> there are certain circumstances under which administrative approval of the use of Interruptible <br /> Water Supply Agreements can maximize the beneficial use of Colorado water resources without <br /> the need for an adjudication and without injury to vested water rights or decreed conditional water <br /> rights. This section is intended to enable water users to transfer the historical consumptive use of <br /> an absolute water right for application to another type or place of use on a temporary basis <br /> without permanently changing the water right." <br /> B. 37-92-309(3), C.R.S. states, "(t)he state engineer is authorized to approve and administer Interruptible <br /> Water Supply Agreements that permit a temporary change in the point of diversion, location of <br /> use, and type of use of an absolute water right without the need for an adjudication pursuant to <br /> this article..."subject to additional provisions contained in 37-92-309 C.R.S. <br /> C. The State Engineer's authority for approval and administration of Interruptible Water Supply <br /> Agreements is in conjunction with the administrative authority given in 37-80-102(1) C.R.S. The <br /> Rules promulgated herein are required to enable the State Engineer to carry out the approval and <br /> administration of Interruptible Water Supply Agreements pursuant to 37-92-309, C.R.S. <br /> D. The State Engineer does not have the authority under 37-92-309, C.R.S. or these rules to approve <br /> out-of-priority depletions caused by diversions from surface or ground water sources and the <br /> replacement of those depletions. Such operations require either a court approved plan for <br /> augmentation or an approved substitute water supply plan pursuant to 37-92-308, C.R.S. <br /> E. 37-92-309(3) C.R.S. identifies the process by which Applications for approval of Interruptible Water <br /> Supply Agreements must be submitted, the information that must accompany each Application, <br /> the evaluation process, and other details related to the approval of the Interruptible Water Supply <br /> Agreement. These rules apply to the evaluation and approval of Interruptible Water Supply <br /> Agreements and to the assessment of application fees for Interruptible Water Supply <br /> Code of Colorado Regulations 1 <br />
The URL can be used to link to this page
Your browser does not support the video tag.