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1 amended to read: 2 37-90-137.5. Special water committee - creation - study - 3 repeal. (6) This section is repealed, effective July I, 26M 2003. 4 SECTION 2. 37-90-137 (9) (c) and (9) (c.5), Colorado Revised 5 Statutes, are amended to read: 6 37-90-137. Permits to construct wells outside designated basins 7 - fees - permit no ground water right - evidence - time limitation - well 8 permits - repeal. (9) ( c) (1) As to wells which will be completed in the 9 Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers and will 10 withdraw ground water that is not nontributary ground water, as defIDed 11 in section 37-90-103 (10.7), judicial approval of plans for augmentation 12 shall be required prior to the use of such ground water. As to such wells 13 completed in the Dawson aquifer, decrees approving such plans for 14 augmentation shall provide for the replacement of actual stream depletion 15 to the extent necessary to prevent any injurious effect, hased upon actual 16 aquifer conditions in existence at the time of such decree. As to such 17 wells completed in the Denver, Arapahoe, or Laramie-Fox Hills aquifers 18 more than one mile from any point of contact hetween any natural stream 19 including its alluvium on which water rights would he injuriously affected 20 by any stream depletion, and any such aquifer, such decrees shall provide 21 for the replacement to the affected stream system or systems of a total 22 amount of water equal to four percent of the amount of water withdrawn 23 on an annual basis. As to such wells completed in such aquifers at points 24 closer than one mile to any such contact, the amount of such replacement 25 shall he determined using the assumption that the hydrostatic pressure 26 level in each such aquifer has been lowered at least to the top of that 27 aquifer throughout that aquifer. Such decrees may also require the -2- 002