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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Rule 4. Ground Water Diversions from the Vaney Fill Aquifer and Other
Specified Aquifers Affecting Senior Surface Water Ril~hts in Colorado.

Rule 4.1. Diveqions ClfTnoutary Ground Water r;:m the Valley Fill AQuifer and
Other S~fied Aquifers Affecting Seni~r Surface Water . ~hts in Colorado. On or
after April 1. 1996, all diversions of tn'butary ground water

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a. from the Valley Fill Aquifer and surficial aquifers along the
Arkansas River between Pueblo and the Stateline; and

b. from the alluvium of Fountain CIl:elc: and the alluvium of the
Arkansas River from Pueblo to Pueblo Dam, as shown on the attached map,

shall be totally discontinued unless out-of-priority deplc-.tions to senior surface water rights
in Colorado are replaced in accordance with: (1) a decreed plan for augmentation
approved by the Water Judge in accordance with the procedures of sections 37-92-302 to
37-92-305, IS C.R.S.; or (2) a plan approved by the state and division enginee~ in
accordance with these Rules; or (3) a substibJte supply plan approved by the state
engineer pursuant to section 37-80-120 which is consistent with these Rules. Replace-
ment of depletions in accordance with .this Rule shall not relieve a well user of an
obligation to replace depletions to usable Stateline flow.

Rule 4.2. Determination of Stream Depletions: Presumptive Stream Depletions.
To detennine stream depletions for plans required by Rule 4.1, the state and division
engineers shall be governed by the following:

a. ~or diversions of ground water used as a supplemental supply for
flood and furrow irrigation, the presumptive stream depletions shall be thirty percent
(30%) of the amount divened. The state and division engineers may increase the
presumptive stream depletions to more than thirty percent (30%), but not more than the
presumptive stream depletions for diversions of ground 'Nelter used as a sole source of
supply for flood and furrow irrigation, for well users who use ground water as a supple-
mental supply for flood and furrow irrigation but do not have a reasonably adequate
surface supply for the acreage irrigated (for example, well users who have sold a portion
of their surface water rights or do not own sufficient shares in a mutual ditch company to
irrigate the acreage irrigated compared to other shareholders in the company). To
detennine whether a well user has a reasonably adequate surface supply for the acreage
irrigated, the state and division engineers shall consider the acreage which may be legally
irrigated with the surface water rights owned or used by the well user and the relative
amount of surface and ground water applied to such acreage averaged over the previous
five years. The following table may be used as a guideline for increasing the presump-
tive stream depletions:

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