7776

• UCREFRP Catalog Number: 7776
• Author: Paddock, W. A. and W. C. Weiss.
• Title: A Primer on Colorado Water Law.
• USFW Year: 1986.
• USFW - Doc Type: \
• Copyright Material: NO

The rules and regulations for Water Division No. 2 require that
all nonexempt wells which were the subject of applications for
determination of water rights prior to July 1, 1972 99/ can only
pump Monday through Wednesday of any week. All other nonexempt
wells are not allowed to pump at all. The limitations of these
rules and regulations may be waived if the division engineer ap-
proves a plan submitted by the appropriator whereby the amount of
depletion to the stream by the subject well(s) will be returned
to the stream so that prior appropriators are not materially in-
jured. Finally, any appropriator may elect to treat any well(s)
as a temporary alternate point of diversion for all or part of a
decreed surface right upon approval by the division engineer,
provided no material injury will result.
The Water Division No. 3 rules and regulations were rejected by
the Water Court in September of 1979 after an extensive and ex-
pensive 12 week trial. On appeal, the Colorado Supreme Court up-
held portions of the rules and remanded other portions to the
state engineer for further consideration.100/
B. Nontributary ground water and "not nontributary".ground wa-
ter
As noted above, nontributary ground water is not subject to the
constitutional doctrine by prior appropriation, but is subject to
reasonable regulation by the General Assembly. Senate bill 5
provides a comprehensive framework for the withdrawal and use of
nontributary ground water. Nontributary ground water is to be
allocated based on ownership of the overlying land.101/ The
mining of nontributary ground water is allowed, but the rate of
withdrawal is to be based on an aquifer life of 100 years.102/
Rights to use nontributary ground water may be determined by the
appropriate water court,103/ but such rights differ from other
water rights in certain respects. For one, nontributary ground
water shall not be administered in accordance with priority of
appropriation, and determinations of rights to nontributary
ground water need not include a date of initiation of the with-
drawal project.104/ For another, such determinations shall not
require subsequent showings or findings of reasonable
diligence.105/
"Not nontributary" ground water is a Senate bill 5 category that
stems from the General Assembly's particular concerns about the
Denver Basin aquifers. These aquifers -- the Dawson, Denver,
Arapahoe, and Laramie-Fox Hills -- contain a large supply of
ground water that is nontributary in some areas and tributary in
others.106/ To the extent that ground water in the Denver Basin
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