Application For Approval Of Plan For Augmentation Form. This is a Colorado form and can be use in Water Court Statewide.
Tags: Application For Approval Of Plan For Augmentation, JDF 301W, Colorado Statewide, Water Court
District Court, Water Division ___________________, Colorado Court Address: ________________________________________________________ CONCERNING THE APPLICATION FOR WATER RIGHTS OF Applicant: In the ____________________________River or its Tributaries In ________________________________________ COUNTY COURT USE ONLY Attorney or Party Without Attorney (Name and Address): Case Number: Phone Number: FAX Number: E-mail: Atty. Reg. #: Division: Courtroom: APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION "Plan for augmentation" means a detailed program, which may be either temporary or perpetual in duration, to increase the supply of water available for beneficial use in a division or portion thereof by development of new or alternate means or points of diversion, by a pooling of water resources, by water exchange projects, by providing substitute supplies of water, by the development of new sources of water, or by any other appropriate means. "Plan for augmentation" does not include the salvage of tributary waters by the eradication of phreatophytes, nor does it include the use of tributary water collected from land surfaces that have been made impermeable, thereby increasing the runoff but not adding to the existing supply of tributary water. § 37-92-103(9), C.R.S. In reviewing a proposed plan for augmentation and in considering terms and conditions that may be necessary to avoid injury, the referee or the water judge shall consider the depletions from an applicant's use or proposed use of water, in quantity and in time, the amount and timing of augmentation water that would be provided by the applicant, and the existence, if any, of injury to any owner of or persons entitled to use water under a vested water right or a decreed conditional water right. A plan for augmentation shall be sufficient to permit the continuation of diversions when curtailment would otherwise be required to meet a valid senior call for water, to the extent that the applicant shall provide replacement water necessary to meet the lawful requirements of a senior diverter at the time and location and to the extent the senior would be deprived of his or her lawful entitlement by the applicant's diversion. A proposed plan for augmentation that relies upon a supply of augmentation water which, by contract or otherwise, is limited in duration shall not be denied solely upon the ground that the supply of augmentation water is limited in duration, so long as the terms and conditions of the plan prevent injury to vested water rights. Said terms and conditions shall require replacement of out-of-priority depletions that occur after any groundwater diversions cease. Decrees approving plans for augmentation shall require that the state engineer curtail all out-of-priority diversions, the depletions from which are not so replaced as to prevent injury to vested water rights. A plan for augmentation may provide procedures to allow additional or alternative sources of replacement water, including water leased on a yearly or less frequent basis, to be used in the plan after the initial decree is entered if the use of said additional or alternative sources is part of a substitute water supply plan approved pursuant to § 37-92-308, C.R.S., or if such sources are decreed for such use. § 37-92305(8), C.R.S. Generally, the statutes and case law require that injurious out-of-priority depletions must be replaced in time, location, quality and amount. It is the applicant's responsibility to provide the location for each structure in this application. For structures that are already decreed, use the location from the most recent decree that adjudicated the location. UTM coordinates (for example from a GPS device), or measured distances in the field from known section lines are acceptable. The Division Engineer, the Water Referee, or the Water Judge, may order the applicant to confirm the location of any structure with UTM coordinates, a survey, or other method. JDF 301W R5-15 APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION AND CERTIFICATE OF NOTICE © 2013, 2014, 2015 Colorado Judicial Department for use in the Courts of Colorado Page 1 of 6 American LegalNet, Inc. www.FormsWorkFlow.com 1. Name, mailing address, email address and telephone number of applicant(s) (if there are multiple applicants, and the space provided is not adequate to list all of the applicants, the names, addresses, telephone numbers and available email addresses must be provided as an attachment): Name of Applicant Mailing Address Email address Telephone Number 2. Name(s) of structure(s) to be augmented. A. Is structure decreed? Case number: Yes No. If Yes, provide the following: Name of Court: Legal description of structure as described in most recent decree that adjudicated the location: Provide a verbatim legal description of each structure from the most recent decree that adjudicated the location. Mark the location of the structure on a USGS topographic map and attach to this application a legible 8 ½ x 11 inch copy of the applicable portion of the map). Appropriation date: Amount in gallons per minute (gpm), cubic feet per second (cfs), or acre-feet: Conditional _________________ Absolute ______________________ Source of water (for example, unnamed tributary to North Clear Creek, tributary to Clear Creek, tributary to Platte River): Decreed uses: Are there other water rights diverted from this structure(s)? number(s) and court(s) for each such water right: Yes No. If Yes, identify the court case B. If the structure is not decreed, provide the legal description of structure: (Location information in UTM format (Preferred): UTM Zone must be 12 or 13; Units must be Meters; Datum must be NAD83; and Units must be set to true North. Include the source of the UTM coordinates, for example: GPS device; GIS system such as DWR AquaMap or CDSS MapViewer; scaled from USGS topographic map; or other source. In areas having generally recognized street addresses, also include street address, and if applicable, the lot, block, and subdivision. Attach a legible 8 ½ x 11 inch map to this application illustrating location of the structure. JDF 301W R5-15 APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION AND CERTIFICATE OF NOTICE © 2013, 2014, 2015 Colorado Judicial Department for use in the Courts of Colorado Page 2 of 6 American LegalNet, Inc. www.FormsWorkFlow.com UTM coordinates Easting ___________________ Northing _____________________ Zone 12 Zone 13 Subdivision: Street