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<br />1 continuation of replacement after withdrawal ceases if necessary to <br /> <br /> <br />2 compensate for injurious stream depletions caused by prior withdrawals <br /> <br /> <br />3 from such wells and shall meet all other statutory criteria for such plans. <br /> <br /> <br />4 (II) This paragraph ( c) shall not be in effect from July I, ZOOt <br /> <br /> <br />5 2003, until July 1, ZOO4 2006, during which time paragraph (c.5) of this <br /> <br /> <br />6 subsection (9) shall apply. <br /> <br /> <br />7 (c,5) (I) As to wells which will be completed in the Dawson, <br /> <br /> <br />8 Denver, Arapahoe, and Laramie-Fox Hills aquifers and will withdraw <br /> <br /> <br />9 ground water that is not nontributary ground water, as defined in section <br /> <br /> <br />10 37-90-103 (10,7), judicial approval of plans for augmentation shall be <br /> <br /> <br />11 required prior to the use of such ground water. As to such wells <br /> <br /> <br />12 completed in the Dawson aquifer, decrees approving such plans for <br /> <br /> <br />13 augmentation shall provide for the replacement of actual Out of l,,;ulity <br /> <br /> <br />14 OUT-OF-PRIORlTY depletions to the stream caused by withdrawals from <br /> <br /> <br />15 such wells and shall meet all other statutory criteria for such plans. As to <br /> <br /> <br />16 such wells completed in the Denver, Arapahoe, or Laramie-Fox Hills <br /> <br /> <br />17 aquifers more than one mile from any point of contact between any <br /> <br /> <br />18 natural stream including its alluvium on which water rights would be <br /> <br /> <br />19 injuriously affected by any stream depletion, and any such aquifer, such <br /> <br /> <br />20 decrees shall provide for the replacement to the affected stream system or <br /> <br /> <br />21 systems of a total amount of water equal to four percent of the amount of <br /> <br /> <br />22 water withdrawn on an annual basis. As to such wells completed in such <br /> <br /> <br />23 aquifers at points closer than one mile to any such contact, the amount of <br /> <br /> <br />24 such replacement shall be determined using the assumption that the <br /> <br /> <br />25 hydrostatic pressure level in each such aquifer has heen lowered at least <br /> <br /> <br />26 to the top of that aquifer throughout that aquifer. Such decrees shall also <br /> <br /> <br />27 require the replacement of actual ont of Pl;Ul;ty OUT-OF-PRIORlTY <br /> <br />-3- <br /> <br />002 <br />