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<br />lowered at least to the top of that aquifer throughout that aquifer. Such <br />decrees shall also require the replacement of actual out-of-priority <br />depletions of the stream after withdrawal ceases to compensate for stream <br />depletions caused by prior withdrawals from such wells and shall meet all <br />other statutory criteria for such plans. <br /> <br />(II) This paragraph (c.5) is effective July 1, ZOO3- 2009, and is <br />repealed, effective July 1,2006 2012. <br /> <br />SECTION 2. 37-90-102 (3), Colorado Revised Statutes, is amended <br />to read: <br /> <br />37-90-102. Legislative declaration - repeal. (3) (a) The general <br />assembly finds and declares that in water division 3, established pursuant <br />to section 37-92-201 (1) (c), there exists a confmed aquifer system <br />underlying portions of the San Luis valley. The hydrologic system in water <br />division 3 and, in particular, the hydrology and geology of the shallow <br />aquifer and confined aquifer systems and their relationship to surface <br />streams in water division 3 are unique and are among the most complex in <br />the state. Unless properly augmented, new withdrawals of groundwater <br />affecting the confined aquifer system can materially injure vested water <br />rights 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 natural <br />stream and aquifer systems in water division 3. <br /> <br />(b) This subsection (3) is repealed, effective July 1, ZOO3- 2004. <br /> <br />SECTION 3. 37-90-137 (12) (b), Colorado Revised Statutes, is <br />amended to read: <br /> <br />37-90-137. Permits to construct wells outside designated basins <br />- fees - permit no ground water right - evidence - time limitation - well <br />permits - repeal. (12) (b) (I) Any well permit application in water division <br />3 that involves a new withdrawal of groundwater that will affect the rate or <br />direction of movement of water in the confined aquifer system referred to <br />in section 37 -90-102 (3) shall be permitted pursuant to a judicially approved <br />plan for augmentation that, in addition to all other lawful requirements for <br /> <br />PAGE 3-HOUSE BILL 03-1005 <br />