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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AMENDED
RULES AND REGULATIONS
GOVERNING THE DIVERSION AND USE
OF TRlBUfARY GROUNI) WATER
IN THE ARKANSAS RIVER BASIN. COLORADO

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ORDER OF THE STATE Elt'fGINEER

IT IS ORDERED that the Rules and Regulations governing the use, control, and
protection of surface and ground water rights located i.1l the Arlcmsas River and its
tributaries, which rules and regulations became effective on February 19, 1973, s~ be' '
amended and replaced by the following rules and regulations which are adopted and
approved by the state engineer.

AMENDED RULES AND REG1JLATIONS

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Rule I. Scope. These Rules apply to all diversions of tributary ground water in
the Arkansas River Basin in Colorado except diversions by decreed or permitted weUs as
described in section 37-92~2. wells located within a designated ground water basin
which withdraw designa1ted ground water, decreed and/or permitted wells which withdraw
nontributary ground water. and exposure of ground water in connection with extraction of
sand and gravel by open mining as defined in section ~1-32-103(9), 14 C.R.S. In
addition, these Rules shalJ not apply to ground water within the Dawson. Denver,
Arapahoe, or Laramie-Fox Hills aquifers in the Denver Basin, as shown on the attached
map. or to ground water within me Cheyenne and Dakota aquifers.

Rule 2. Definitions.

The following definitions are applicable to these Rules:

a. "Decreed pre-compact ground water rights'" mean water rights to
divert tributary ground water in the Arlamsas River Basin in Colorado with a priority
senior to December 14, 1948, awarded in (1) decrees entered prior to June 7, 1969; or
(2) decrees which were entered in proceedings which were pending on that date; or (3)
decrees which were entered on or after June 7, 1969, by the Water Judge for Water
Division 2, with respect to water rights which are diverted by means of wells, the
priorities for which had not been established or sought in any prior decree or proceeding,
. if the person claiming the water right filed an application for determination of the water
right and priority not later than July 1, 1972, and such application was approved and
confirmed by the Water Judge for Water Division 2.

. 2.

b.

"Division engineer" means the division engineer for Water Division

c. '"Durbin usable flow method with me Larson coefficients" means the
Durbin approach to determine depletions to usable Stateline flow with modifications made