Code of Colorado Regulations
400 - Department of Natural Resources
402 - Division of Water Resources
2 CCR 402-8 - RULES AND REGULATIONS FOR IMPLEMENTATION OF SUBSECTION 25-8-202(7), C.R.S.
7 - IMPLEMENTATION OF STANDARDS AND CLASSIFICATIONS FOR DECREED EXCHANGES AND PLANS FOR AUGMENTATION

Universal Citation: 2 CO Code Regs 402-8 ยง 7

Current through Register Vol. 47, No. 17, September 10, 2024

7.1 Pursuant to C.R.S. 37-92-305(5), applications to the Water Court for augmentation plans including exchanges in which any substituted water may not meet the requirements for which the water of the senior appropriator has normally been used may be opposed by the State Engineer in the form of a Statement of Opposition, Protest to Referee's Ruling, or Motion to Intervene in Water Court.

If the State Engineer files a Statement of Opposition, Protest to Referee's Ruling, or Motion to Intervene in Water Court, for the reasons described above, the State Engineer may utilize some or all of the following sources to evaluate the plan, or other sources as appropriate:

7.1.0 Evaluation of engineering reports, data, and other information provided by the applicant or others.

7.1.1 Investigation and evaluation of the use to which the senior appropriation has normally been put.

7.1.2 Information and records from Division Engineers, Water Commissioners, and water users.

7.1.3 Evaluation of water quality data of the substitute supply or the receiving waters at or near the point where the substitute supply enters the waterway or aquifer.

7.2 If the State Engineer elects to file a Statement of Opposition, Protest to Referee's Ruling, or Motion to Intervene in Water Court, for the reasons described in Rule 7.1 above, the State Engineer shall apply the following provisions in evaluating the plans as is appropriate:

7.2.1 If appropriate water quality standards and/or classifications have been established by the Water Quality Control Commission, they shall be considered in evaluating water requirements of senior appropriators. For example, if the senior beneficial use is agricultural in nature, then the appropriate standards for agricultural use may be applied, if such criteria have some factual correlation to the particular use of the senior appropriator.

A mass balance analysis or mixing zone approach may be used to consider whether the water quality standards are met for the senior appropriator's use.

7.2.2 The State Engineer shall consider water quality standards and classifications only if the Water Quality Control Commission has established standards and/or classifications for the beneficial use in question.

7.3 If the State Engineer elects to file a Statement of Opposition, Protest to Referee's Ruling, or Motion to Intervene for water quality related issues, the State Engineer shall report such entry to the Water Quality Control Commission.

7.4 Existing decrees shall not be affected by enactment of this regulation except to the extent consistent with retained jurisdiction provisions in such decrees, or water quality obligations of the State Engineer's Office pursuant to such decrees. When construing the State Engineer's obligations pursuant to such a decree, the State Engineer shall consider all the determinations made by the court in entering the decree.

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