WSP11850

• File Number: 8510.100.40
• Description: Rio Grande Compact Commission
• Basin: Rio Grande
• Water Division: 3
• Date: 5/1/1974
• Title: San Luis Valley Water Problems: A Legal Perspective - Part II of II
• Water Supply Pro - Doc Type: Report/Study

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APPENDIX B

IN THE MATTER OF RULES AND
REGULATIONS GOVERNING'THE
USE, CONTROL, AND PROTECTION
OF WATER RIGHTS FOR BOTH
SURFACE AND UNDERGROUND
WATER LOCATED IN THE RIO
GRANDE AND CONEJOS RIVER
BASINS AND THEIR TRIBUTARIES.

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Proposed
Rules and Regulations
of the
State Engineer

IT IS ORDERED that the following proposed rules and regulations be adopted
and approved as the rules and regulations of the State Engineer in accordance
with Section 37-92-501, Colorado Revised Statutes, 1973.

Any person desiring to protest any of these proposed rules and regulations

may do so in the manner provided in Section 37-92-304, CRS 1973. Any protests

to said proposed rules and regulations must be filed with the Water Clerk in

and for the District Court of Water Division III, Alamosa, Colorado, by the

end of the month following the month in which said proposed rules and regulations

are published.

PROPOSED RULES AND REGULATIONS

1. Definitions and Citations

A. These proposed rules and regulations shall affect all "waters of the
state" as defined in Section 37-92-103 (13), CRS 1973, which states as follows:

"( 13) 'Waters of the state' means all surface and underground water
in or tributary to all natural streams within the state of Colorado,
except waters referred to in section 37-90-103 (6)."

and underground water is defined in Section 37-92-103 (11), CRS 1973, as

follows:

"(11) 'Underground water' as applied in this article for the pur-
pose of defining the waters of a natural stream, means that water
in the' unconsolidated alluvial aquifer of sand, gravel, and other
sedimentary materials, and all other waters hydraulically connected
thereto which can influence the rate of direction of movement of the
water in that alluvial aquifer or natural stream. Such 'underground
water' is considered different from 'designated ground water' as de-
. fined in section 37-90-103 (6)."