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.
