|
<br />
<br />b ,,,,,.,,,j
<br />t~.;,"~;;i~::..it
<br />,
<br />W'~J~~~~i';jJF:~~;
<br />~J
<br />E.""'."';;:~d1'f:;\-.,:"
<br />';~'--,",-"."
<br />
<br />
<br />t':Jioil...'^".- E'72:.':.;',:; II
<br />to :
<br />~~~ t
<br />'- ,. 12
<br />..:..."",,,
<br />
<br />.~.,-~.~,;.....,::'
<br />-, '-"'"'''.~.",-
<br />'..~--
<br />
<br />"<~". -"
<br />
<br />-. ,~-,,,..
<br />
<br />senior priorities, the division engineer shall be governed by the following:
<br />
<br />2 The materiality of injury depends on all factors which THAT will
<br />
<br />3 determine in each case the amount of water such discontinuance will make
<br />
<br />i
<br />
<br />4
<br />5
<br />
<br />factors include the current and prospective volumes of water in and
<br />tributary to the stream from which the diversion is being made; distance
<br />and type of stream bed between the diversion points; the various velocities
<br />of this water, both surface and underground; the probable duration of the
<br />
<br />available to such senior priorities at the time and place of their need, Such
<br />
<br />6
<br />
<br />7
<br />
<br />8
<br />
<br />9
<br />
<br />available flow; and the predictable return flow to the affected stream.
<br />
<br />
<br />Each diversion shall be evaluated and administered on the basis of the
<br />
<br />10
<br />
<br />circumstances relating to it and in accordance with provisions of this
<br />
<br />13
<br />
<br />article, ARTICLE 80,5 OF THIS TITLE, and the court decrees adjudicating and
<br />confinning water rights, In the event that a discontinuance has been
<br />
<br />14
<br />
<br />ordered pursuant to the provisions of this paragraph (a), and nevertheless
<br />
<br />15 such discontinuance does not cause water to become available to such
<br />
<br />16 senior priorities at the time and place of their need, then such
<br />
<br />
<br />17 discontinuance order shall be rescinded, If a well has been approved as
<br />
<br />
<br />18 an alternate means of diversion for a water right for which a surface
<br />
<br />
<br />19 means of diversion is decreed, such well and such surface means must be
<br />
<br />20 utilized to the extent feasible and permissible under this article to satisfy
<br />
<br />
<br />21 said water right before diversions under junior water rights are ordered
<br />
<br />
<br />22 discontinued, In addition to any other methods of giving notice, the
<br />
<br />
<br />23 posting of a written order, in plain sight, at the place of diversion shall be
<br />
<br />
<br />24 considered sufficient notice of the order of the division engineer; and,
<br />
<br />
<br />25 when so posted, such order shall be effective from the time of posting,
<br />
<br />26 SECTION 9. Title 37, Colorado Revised Statutes, is amended BY
<br />
<br />27 THE ADDITION OF A NEW ARTICLE to read:
<br />
<br />-15.
<br />
<br />SBOI-161
<br />
|