Laserfiche WebLink
<br />.....u-~v~ ..I. <br /> <br />.la5"-'LV.l.J <br /> <br />37-90-137. Permits to construct wells outside designated basins - fees - permit no ground <br />water right - evidence - time limitation - well permits - repeal. (12) (a) IN CONSIDERING ANY <br />WELL PERMIT APPLICATION IN WATER DIVISION 3 THAT INVOLVES A NEW <br />WITHDRAWAL OF GROUNDWATER THAT WILL AFFECT THE RATE OR DIRECTION OF <br />MOVEMENT OF WATER IN THE CONFINED AQUIFER, THE STATE ENGINEER SHALL <br />RECOGNIZE THAT UNAPPROPRIA TED WATER IS NOT MADE A V AILABLE AND INJURY IS <br />NOT PREVENTED AS A RESULT OF THE REDUCTION OF WATER CONSUMPTION BY <br />NONIRRIGATED NATIVE VEGETATION, <br /> <br />(b) (I) ANY WELL PERMIT APPLICATION IN WATER DIVISION 3 THAT INVOLVES A <br />NEW WITHDRAWAL OF GROUNDWATER THAT WILL AFFECT THE RATE OR DIRECTION <br />OF MOVEMENT OF WATER IN THE CONFINED AQUIFER SYSTEM REFERRED TO IN <br />SECTION 37-90-102 (3) SHALL BE PERMITTED PURSUANT TO A JUDICIALLY APPROVED <br />PLAN FOR AUGMENTATION THAT IN ADDITION TO ALL OTHER LAWFUL <br />REQUIREMENTS FOR SUCH PLANS, SHALL BE SUBJECT TO THE REQUIREMENTS OF <br />RULES FOR THE WITHDRA W AL OF SUCH GROUNDWATER WITHIN WATER DIVISION 3 <br />THAT ARE PROMULGATED BY THE STATE ENGINEER PURSUANT TO THE PROCEDURES <br />OF SECTION 37-92-501 (2). SUCH RULES SHALL BE BASED UPON SPECIFIC STUDY OF THE <br />CONFINED AQUIFER SYSTEM AND SHALL BE PROMULGATED PRIOR TO JULY 1,2001. IN <br />THE PROMULGATION OF SUCH RULES FOR WATER DIVISION 3, THE STATE ENGINEER <br />SHALL RECOGNIZE THAT UNAPPROPRIA TED WATER IS NOT MADE AVAILABLE AND <br />INJURY IS NOT PREVENTED AS A RESULT OF THE REDUCTION OF WATER <br />CONSUMPTION BY NONIRRIGATED NATIVE VEGETATION, SUCH RULES SHALL ALSO <br />PERMIT THE DEVELOPMENT OF THE WATER RESOURCES OF WATER DIVISION 3 IN A <br />MANNER THAT WILL PROTECT COLORADO'S ABILITY TO MEET ITS INTERSTATE <br />COMPACT OBLIGATIONS AND TO PREVENT INJURY TO SENIOR APPROPRIATORS IN THE <br />ORDER OF THEIR PRIORITIES, AND WITH DUE REGARD FOR DAILY, SEASONAL, AND <br />LONGER DEMANDS ON THE WATER SUPPLY, THE ST ATE ENGINEER AND THE <br />COLORADO WATER CONSERVATION BOARD SHALL PROCEED WITH DILIGENCE TO <br />COMPLETE NEEDED STUDIES. <br /> <br />(Il) SUBPARAGRAPH (I) OF THIS PARAGRAPH (b) IS REPEALED, EFFECTIVE JULY I, <br />2001; EXCEPT THAT NOTHING IN THIS SUBSECTION (12) SHALL AFFECT THE VALIDITY <br />OF THE RULES ADOPTED BY THE STATE ENGINEER FOR GROUNDWATER <br />WITHDRA W ALS IN WATER DIVISION 3, OR AFFECT THE APPLICABILITY OF SUCH RULES <br />TO WELL PERMITS THAT HAVE BEEN OR WILL BE ISSUED, AND JUDICIAL DECREES <br />THAT HAVE BEEN OR WILL BE ENTERED, FOR THE WITHDRAWAL OF GROUNDWATER <br />IN WATER DIVISION 3, <br /> <br />SECTION 3.37-92-305 (6), Colorado Revised Statutes, is amended BY THE ADDITION OF A <br />NEW PARAGRAPH to read: <br /> <br />37-92-305. Standards with respect to rulings ofthe referee and decisions ofthe water judge. <br />(6) (c) ANY APPLICATION IN WATER DIVISION 3 THAT INVOLVES NEW WITHDRAWALS <br />OF GROUNDWATER THAT WILL AFFECT THE RATE OR DIRECTION OF MOVEMENT OF <br />WATER IN THE CONFINED AQUIFER SYSTEM REFERRED TO IN SECTION 37-90-102 (3) <br />SHALL BE PERMITTED PURSUANT TO A PLAN OF AUGMENTATION THAT IN ADDITION <br />TO ALL OTHER LAWFUL REQUIREMENTS FOR SUCH PLANS, SHALL RECOGNIZE THAT <br />UNAPPROPRIA TED WATER IS NOT MADE A V AILABLE AND INJURY IS NOT PREVENTED <br />AS A RESULT OF THE REDUCTION OF WATER CONSUMPTION BY NONIRRIGA TED <br />NATIVE VEGETATION. IN ANY SUCH AUGMENTATION PLAN DECREE, THE COURT <br /> <br />http://www.state.co.us/gov_dir/Ieg_dir/oIIs/sI199S/sI.231.htm <br /> <br />12/19/2001 <br />