Colo. State Engineer Adopts New Policy Concerning Substitute Supply Plans
August 30, 2002
The Colorado State Engineer recently issued a new policy concerning “Implementation of HB 02-1414 (Section 37-92-308, C.R.S. (2002)) Regarding Substitute Supply Plans.” The new policy, which became effective on July 2, 2002, is intended to “explain the State Engineer’s implementation of HB 02-1414 regarding substitute water supply plans.” An approved substitute water supply plan allows a water user to divert water out-of-priority for a limited period of time, provided that substitute water is made available to replace stream depletions. The new policy (which expressly revokes the State’s prior policies concerning substitute supply plans) addresses substantive and procedural requirements for requests for approval of new substitute supply plans, including requirements relating to the preparation of supporting engineering reports and the notification of other water users.