An application to change the place of diversion, manner of
use or place of use of water covered by an original appropriation of the water
of the Colorado River must include:
1.
The name and address of the applicant.
2. An identification of the contract which
the applicant entered into with the Commission and the Secretary of the
Interior for the original appropriation of the water of the Colorado
River.
3. A description of the
change in the place of diversion, manner of use or place of use of the water
covered by the original appropriation by identifying the present place of
diversion or the manner or place of use and:
(a) If the change is in the place of
diversion, an accurate description of the location of the place where the water
is proposed to be diverted and metered.
(b) If the change is in the manner of use, a
description of the proposed manner of use and a statement whether the proposed
use:
(1) Is a beneficial use under the laws
of this State.
(2) Conflicts with
existing rights or with state or federal statutes or contracts.
(3) Threatens to prove detrimental to the
public interest.
(4) Affects the
applicant's ability to make the water delivered pursuant to the contract
available for return to the Colorado River.
(c) If the change is in the place of use, a
statement which specifies the proposed place of use and describes each facility
which will transport the water to the applicant's proposed place of use. If the
facility is not constructed and in operation at the time the application is
submitted to the Commission, the application must include a description of the
applicant's ability to finance the construction, operation and maintenance of
the facility and a statement which sets forth the date when it will be
completed and in operation.
(d) If
the change is in the manner of use or place of use, the application must
include the estimated date when the water will be applied to the proposed use
and a schedule of the projected use of that water, if applicable.
(e) A description of the applicant's ability
to comply with any applicable requirements of the National Environmental Policy
Act of 1969,
42 U.S.C. §§
4321 et seq., as amended, and any other
applicable environmental laws and regulations.
Added to NAC by
Colorado River Comm'n, eff. 8-12-91
