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<br />. <br /> <br />. <br /> <br />the point where the tributary subsurface water commingles with the <br /> <br />subsurface flow beneath the floodplain of the Colorado River. <br /> <br />(e) Presumction of under around diversion from the Colorado River. <br /> <br />All water pumped from wells in the Colorado River floodplain is presumed <br /> <br />to be Colorado River water. For the purposes of these regulations, <br /> <br />water pumped from wells that is a mixture of water from the Colorado <br /> <br />River and local recharge or other sources is considered commingled <br /> <br />water, and thus Colorado River water. Water pumped from a well outside <br /> <br />the Colorado River floodplain may be Colorado River water if the well is <br /> <br />located within the regulatory surface area. Areas adjacent to the <br /> <br />limitrophe section that do not naturally drain or return water to the <br /> <br />Colorado River above the NIB are not subject to these regulations. <br /> <br />Reclamation will follow the criteria described below to determine if the <br /> <br />water pumped from a well is Colorado River water. <br /> <br />(1) The reaulatorv surface. The regulatory surface <br /> <br />represents a surface below which water pumped from wells is deemed to be <br /> <br />Colorado River water. The regulatory surfa~e as determined by the <br />Regional Director extends downstream from Lee Ferry to below the NIB and <br /> <br />laterally away from the floodplain to an identifiable geologic or <br />hydrologic barrier to subsurface flow that extends above the regulatory <br /> <br />surface. Such a barrier is a geologic feature such as rock or other <br /> <br />low-permeable boundary or a zone of very poor permeability where more <br /> <br />hydraulic head than is physically or practically possible would be <br /> <br />required to move significant volumes of water across the barrier. <br /> <br />(i) The regulatory surface in areas adjacent to Lake <br /> <br />Mead will consist of two parts: <br /> <br />.,. <br />to <br />cf) <br />o <br /> <br />A. A fixed elevation which will define a <br /> <br />13 <br />