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' . Ch: 231 Water and Irrigation 8 53
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<br /> x , (b) THIS SUBSECTION (3) IS REPEALED, EFFECTIVE JULY 1, 2001. I
<br /> SECTION 2. 37 -90 -137, Colorado Revised Statutes, is amended BY THE ' ; ','
<br /> ADDITION OF A NEW SUBSECTION to read: ! '
<br /> 37 -90 -137. Permits to construct wells outside designated basins - fees - z i s
<br /> permit no ground water right - evidence - time limitation - well permits - i i
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<br /> repeal. ( ( a) IN CONSIDERING ANY WELL PERMIT APPLICATION IN WATER
<br /> DIVISION 3 THAT INVOLVES A NEW WITHDRAWAL OF GROUNDWATER THAT WILL . i , 0
<br /> AFFECT THE RATE OR DIRECTION OF MOVEMENT OF WATER IN THE CONFINED
<br /> AQUIFER, THE STATE ENGINEER SHALL RECOGNIZE THAT UNAPPROPRIATED WATER i , .
<br /> IS NOT MADE AVAILABLE AND INJURY IS NOT PREVENTED AS A RESULT OF THE I ' `.
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<br /> REDUCTION OF WATER CONSUMPTION BY NONIRRIGATED NATIVE VEGETATION.
<br /> (b) (I) ANY WELL PERMIT APPLICATION IN WATER DIVISION 3 THAT INVOLVES gg
<br /> A NEW WITHDRAWAL OF GROUNDWATER THAT WILL AFFECT THE RATE OR E
<br /> ' DIRECTION OF MOVEMENT OF WATER IN THE CONFINED AQUIFER SYSTEM
<br /> REFERRED TO IN SECTION 37 -90 -102 (3) SHALL BE PERMITTED PURSUANT TO A i , ,
<br /> } JUDICIALLY APPROVED PLAN FOR AUGMENTATION THAT IN ADDITION TO ALL ! i
<br /> OTHER LAWFUL REQUIREMENTS FOR SUCH PLANS, SHALL BE SUBJECT TO THE , Y:t
<br /> , REQUIREMENTS OF RULES FOR THE WITHDRAWAL OF SUCH GROUNDWATER WITHIN $ �',
<br /> "', WATER DIVISION 3 THAT ARE PROMULGATED BY THE STATE ENGINEER PURSUANT n '.
<br /> TO THE PROCEDURES OF SECTION 3 -92 -501 (2). S UCH RULES SHALL BE BASED
<br /> 'x 3 f �" UPON SPECIFIC STUDY OF THE CONFINED AQUIFER SYSTEM AND SHALL BE $,
<br /> v " 1 PROMULGATED PRIOR TO JULY 1, 2001. IN THE PROMULGATION OF SUCH RULES 1 .4`
<br /> .4 FOR WATER DIVISION 3, THE STATE ENGINEER SHALL RECOGNIZE THAT
<br /> ' a UNAPPROPRIATED WATER IS NOT MADE AVAILABLE AND INJURY IS NOT PREVENTED 4 , ■
<br /> AS A RESULT OF THE REDUCTION OF WATER CONSUMPTION BY NONIRRIGATED rt � a
<br /> 4 ; NATIVE VEGETATION. SUCH RULES SHALL ALSO PERMIT THE DEVELOPMENT OF A , j '.
<br /> =r ;' THE WATER RESOURCES OF WATER DIVISION 3 IN A MANNER THAT WILL PROTECT
<br /> _` COLORADO'S ABILITY TO MEET ITS INTERSTATE COMPACT OBLIGATIONS AND TO
<br /> PREVENT INJURY TO SENIOR APPROPRIATORS IN THE ORDER OF THEIR PRIORITIES, , 1 '
<br /> t ; AND WITH DUE REGARD FOR DAILY, SEASONAL, AND LONGER DEMANDS ON THE } ,'
<br /> i$ r= WATER SUPPLY. THE STATE ENGINEER AND THE COLORADO WATER "p 7 "
<br /> , S. :4 a CONSERVATION BOARD SHALL PROCEED WITH DILIGENCE TO COMPLETE NEEDED fi r ;
<br /> +; STUDIES. ,
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<br /> . (II) SUBPARAGRAPH (I) OF THIS PARAGRAPH (b) IS REPEALED, EFFECTIVE JULY
<br /> ' ' 1, 2001; EXCEPT THAT NOTHING IN THIS SUBSECTION (12) SHALL AFFECT THE li-
<br /> ,' ` VALIDITY OF THE RULES ADOPTED BY THE STATE ENGINEER FOR GROUNDWATER
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<br /> WITHDRAWALS IN WATER DIVISION 3, OR AFFECT THE APPLICABILITY OF SUCH
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<br /> T RULES TO WELL PERMITS THAT HAVE BEEN OR WILL BE ISSUED, AND JUDICIAL
<br /> - 13$x; `` DECREES THAT HAVE BEEN OR WILL BE ENTERED, FOR THE WITHDRAWAL OF `; ,,
<br /> GROUNDWATER IN WATER DIVISION . 3
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<br /> 4. - SECTION 3. 37 -92 -305 (6), Colorado Revised Statutes, is amended BY THE }
<br /> �` ADDITION OF A NEW PARAGRAPH to read: ; N
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<br /> ' ° , 37 -92 -305. Standards with respect to rulings of the referee and decisions",
<br /> ,,,.%. sw of the water judge. (6) ( c) ANY APPLICATION IN WATER DIVISION 3 T HAT 1` f,
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