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<br />completed in the Dawson aquifer, decrees approving such plans for <br />augmentation shall provide for the replacement of actual stream depletion <br />to the extent necessary to prevent any injurious effect, based upon actual <br />aquifer conditions in existence at the time of such decree. As to such wells <br />completed in the Denver, Arapahoe, or Laramie-Fox Hills aquifers more <br />than one mile from any point of contact between any natural stream <br />including its alluvium on which water rights would be injuriously affected <br />by any stream depletion, and any such aquifer, such decrees shall provide <br />for the replacement to the affected stream system or systems of a total <br />amount of water equal to four percent of the amount of water withdrawn on <br />an annual basis, As to such wells completed in such aquifers at points <br />closer than one mile to any such contact, the amount of such replacement <br />shall be determined using the assumption that the hydrostatic pressure level <br />in each such aquifer has been lowered at least to the top of that aquifer <br />throughout that aquifer. Such decrees may also require the continuation of <br />replacement after withdrawal ceases if necessary to compensate for <br />injurious stream depletions caused by prior withdrawals from such wells <br />and shall meet all other statutory criteria for such plans. <br /> <br />(II) This paragraph (c) shall not be in effect from July 1, 2003- 2009, <br />until July 1, 2006 2012, during which time paragraph (c.5) of this <br />subsection (9) shall apply. <br /> <br />(c.5) (1) As to wells whieh THAT will be completed in the Dawson, <br />Denver, Arapahoe, and Laramie-Fox Hills aquifers and will withdraw <br />ground water that is not nontributary ground water, as defined in section <br />37-90-103 (10.7), judicial approval of plans for augmentation shall be <br />required prior to the use of such ground water. As to such wells completed <br />in the Dawson aquifer, decrees approving such plans for augmentation shall <br />provide for the replacement of actual out-of-priority depletions to the <br />stream caused by withdrawals from such wells and shall meet all other <br />statutory criteria for such plans. As to such wells completed in the Denver, <br />Arapahoe, or Laramie-Fox Hills aquifers more than one mile from any point <br />of contact between any natural stream including its alluvium on which <br />water rights would be injuriously affected by any stream depletion, and any <br />such aquifer, such decrees shall provide for the replacement to the affected <br />stream system or systems of a total amount of water equal to four percent <br />of the amount of water withdrawn on an annual basis. As to such wells <br />completed in such aquifers at points closer than one mile to any such <br />contact, the amount of such replacement shall be determined using the <br />assumption that the hydrostatic pressure level in each such aquifer has been <br /> <br />PAGE 2-HOUSE BILL 03-1005 <br />