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<br /> I ::.,.:) <br />I U) <br /> B-3 <br /> 'f'o,j <br /> 0 <br /> C) <br /> <br />appropriators are not materially injured thereby. <br /> <br />D. Underground water diversions shall be curtailed as provided under C, <br /> <br />above, unless the underground water appropriator submits proof to the Divison <br /> <br />Engineer and Upon the basis of that proof the Division Engineer shall find: <br /> <br />1. That the well or wells are operating pursuant to a <br />decreed plan of augmentation or to a decree as an <br />alternate point of diversion, or that a change in point <br />of diversion to the well has been decreed for a surface <br />water right. The well or wells will then be administered <br />in the priority system on the basis of the seniority <br />of the associated surface decree; or <br /> <br />2. That the underground water appropriation can be operated <br />under its Own priority within the priority system with- <br />out impairing the right of a senior appropriator or <br /> <br />3. That the water produced by a well does not come within <br />the definition of underground water as found in Section <br />73-92-103 (11), CRS 1973, as set forth in paragraph I-A <br />of these rules and regulations. <br /> <br />E. Any underground water appropriator affected by these rules and <br /> <br />regulations may use a part or all of the water produced by his well or <br /> <br />wells without curtailment described in III-C, above, to the extent that such <br /> <br />diversion is in compliance with a temporary plan of augmentation approved <br /> <br />in accordance with Section 37-92-307, CRS 1973, as amended. <br /> <br />F. All owners or users of flowing wells located in the Rio Grande Basin <br /> <br />shall ensure that any such well be equipped with a suitable control device <br /> <br />or be permanently capped or plugged to prevent the unlawful waste of water from <br />such well. <br /> <br />The effective date of these rules and regulations is January 1, 1976. <br /> <br />Dated this 21st date of August <br /> <br />, J975. <br /> <br />C. J. Kuiper <br />State Engineer <br />