PROJ01966 ‎(2)‎

• Contract/PO #: C153794
• Contractor Name: Colorado Water Protective and Development Association
• Contract Type: Loan
• Water District: 0
• Loan Projects - Doc Type: Feasibility Study

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SECTION - II.B
Amended Rules and Regulations Governing the Diversion and Use of
Tributary Ground Water in the Arkansas Ri,'er Basin, Colorado.

CWPDA FEASIBILITY STUDY

The Amended Rules and Regulations Governing The Diversion and Use of Tributary Ground
Water in the Arkansas River Basin, Colorado (Amended Rules) were signed by Hal D. Simpson (State
Engineer) on September 27, 1995 and went into effect on April 1, 1996. Generally, the Amended
Rules apply to all wells with the following exceptions:

· Wells in designated ground water basins.
· Non-tributary wells.
· Wells using Denver Basin aquifer water.
· Wells using Cheyenne and Dakota aquifer water.
· Wells using gravel pit ground water.

Overall, there are eighteen rules that address numerous issues including definition of well
classification, determination of stream depletions, and replacement of depletions. A copy of the
. Amended Rules is includE!d at the end of this section.

Based upon the Amended Rules, wells in the Arkansas River Basin can be classified as
Rule 3, Rule 4, or Rule 5 wells.

· Rule 3 wells are irrigation wells located in the Valley Fill aquifer and Surficial aquifer along
the Arkansas RivElr between Pueblo, Colorado and the Colorado/Kansas stateline.

· Rule 4 wells are located in the Valley Fill and Surficial aquifers along the Arkansas River
between Pueblo, Colorado and the Colorado/Kansas stateline, the alluvium of Fountain
Creek, and the alluvium of the Arkansas River from Pueblo Dam to Pueblo, Colorado.

· Rule 5 wells include all other wells located in the Arkansas River Basin that fall under the
Amended Rules, are not classified as Rule 3 or Rule 4 wells, and are not exempt under Rule
4.1.b. Rule 4.1 .b are those wells that replace their depletions in accordance with a decreed
plan for augmentation, an Arkansas Rule 14 plan approved by the State and Division
Engineer in accordance with the Amended Rules, or with a substitute water supply plan.

CWPDA: SecJI.B

10/7/99

Page 1

The Amended Rules require replacement of depletions to stateline flows and replacement of
out-of-priority depletions to senior surface water rights in Colorado. They provide a mechanism
whereby an entity, such as CWPDA, can submit plans to augment depletions in accordance wit-h the

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