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<br />~ U5"" 1 U 1 J <br /> <br />CHAPTER 231 <br /> <br />WATER AND IRRIGATION <br /> <br />HOUSE BILL 98-1011 [Digest] <br /> <br />BY REPRESENTATIVES Entz, Miller, K, Alexander, Chavez, Gordon, Lawrence, Reeser, Romero, <br />and Young; <br /> <br />also SENATORS Dennis, 1. Johnson, Bishop, Chlouber, Feeley, Hernandez, Matsunaka, Phillips, <br />Rupert, Thiebaut, and Wattenberg, <br /> <br />AN ACT <br /> <br />CONCERNING THE REPLACEMENT OF DEPLETIONS FROM NEW WITHDRAWALS OF <br />GROUNDWATER IN WATER DIVISION 3 THAT WILL AFFECT THE RATE OR <br />DIRECTION OF MOVEMENT OF GROUNDWATER IN THE CONFINED AQUIFER, AND, <br />IN CONNECTION THEREWITH, AUTHORIZING THE STATE ENGINEER TO <br />PROMULGATE RULES THAT OPTIMIZE THE USE OF THE GROUNDWATER AND <br />PROVIDE ALTERNATIVE METHODS TO PREVENT INJURY. <br /> <br />Be it enacted by the General Assembly of the State of Colorado: <br /> <br />SECTION 1. 37-90-102, Colorado Revised Statutes, is amended BY THE ADDITION OF A <br />NEW SUBSECTION to read: <br /> <br />37-90-102. Legislative declaration. (3) (a) THE GENERAL ASSEMBLY FINDS AND <br />DECLARES THAT IN WATER DIVISION 3, ESTABLISHED PURSUANT TO SECTION 37-92-201 <br />(I) (c), THERE EXISTS A CONFINED AQUIFER SYSTEM UNDERLYING PORTIONS OF THE <br />SAN LUIS V ALLEY, THE HYDROLOGIC SYSTEM IN WATER DIVISION 3 AND, IN <br />PARTICULAR, THE HYDROLOGY AND GEOLOGY OF THE SHALLOW AQUIFER AND <br />CONFINED AQUIFER SYSTEMS AND THEIR RELATIONSHIP TO SURFACE STREAMS IN <br />WATER DIVISION 3 ARE UNIQUE AND ARE AMONG THE MOST COMPLEX IN THE STATE. <br />UNLESS PROPERLY AUGMENTED, NEW WITHDRAWALS OF GROUNDWATER AFFECTING <br />THE CONFINED AQUIFER SYSTEM CAN MA TERIALL Y INJURE VESTED WATER RIGHTS <br />AND INCREASE THE BURDEN OF COLORADO'S SCHEDULED DELIVERIES UNDER THE <br />RIO GRANDE COMPACT. THERE IS CURRENTLY INSUFFICIENT COMPREHENSIVE DATA <br />AND KNOWLEDGE OF THE RELATIONSHIP BETWEEN THE SURFACE STREAMS AND THE <br />CONFINED AQUIFER SYSTEM TO PERMIT A FULL UNDERSTANDING OF THE EFFECT OF <br />GROUNDWATER WITHDRAWALS, AFFECTING THE CONFINED AQUIFER, UPON THE <br />NATURAL STREAM AND AQUIFER SYSTEMS IN WATER DIVISION 3. <br /> <br />(b) THIS SUBSECTION (3) IS REPEALED, EFFECTIVE JULY I, 2001. <br /> <br />SECTION 2.37-90-137, Colorado Revised Statutes, is amended BY THE ADDITION OF A <br />NEW SUBSECTION to read: <br /> <br />http://www.state.co.us/gov_dir/leg_dir/olls/slI998/sL231.htm <br /> <br />12/1 9/200 I <br />