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<br />on the South Platte decision system. Allows the state engineer to <br />temporarily permit by-passes of direct flow surface water rights that are <br />owned by the well owner as a replacement source, but allows such <br />by-passes after 3 years only if a water rights change application has been <br />decreed or a decree is pending in the water court. Curtails all tributary <br />ground water uses located downstream of the Washington county line on <br />the South Platte river that are junior to June 14, 1897, if they are not <br />providing sufficient replacement water to augment their depletions <br />between April1 and October 15 and if Colorado's obligations under the <br />South Platte river compact are not being met. Requires all tributary <br />ground water users to file an application for approval of a plan for <br />augmentation no later than December 31, 2006, and obtain a decreed <br />augmentation pIan with reasonable diligence. <br />Allows the owners of surface water rights taking water from the <br />same stream to ternporarily use the water to which they may be entitled <br />for augmentation or replacement use upon approval by the division <br />engineer. Requires adjudication of such use for periods in excess of 3 <br />years. <br /> <br />e <br /> <br />Makes conforming amendments. <br /> <br />1 <br /> <br />Be it enacted by the General Assembly afthe State of Colorado: <br /> <br />e <br /> <br />2 SECTION 1. 37-92-501, Colorado Revised Statutes, is amended <br />3 BY THE ADDITION OF A NEW SUBSECTION to read: <br />4 37-92-501. Jurisdiction over water - rules. (4) (a) No LATER <br />5 THAN JULY 1, 2003, THE STATE ENGINEER SHALL PROMULGATE RULES FOR <br />6 THE ADMINISTRATION OF TRIBUTARY GROUND WATER IN WATER DIVISION <br />7 1; EXCEPT THAT THE RULES SHALL NOT APPLY TO DIVERSIONS BY DECREED <br />8 OR PERMITTED WELLS AS DESCRIBED IN SECTION 37-92-602, WELLS <br />9 LOCATED WITHIN A DESIGNATED GROUND WATER BASIN THAT WITHDRAW <br />10 DESIGNATED GROUND WATER, OR WELLS THAT EXPOSE GROUND WATER IN <br />11 CONNECTION WITH EXTRACTION OF SAND AND GRAVEL BY OPEN MINING AS <br />12 DEFINED IN SECTION 34-32-103 (9), CoR.S. <br />13 (b) RULES ADOPTED PURSUANT TO THIS SUBSECTION (4) SHALL BE <br /> <br />14 <br /> <br />PROMULGATED PURSUANT TO THE PRINCIPLES AND PROCEDURES OF <br /> <br />e <br /> <br />-2-' <br /> <br />SB03-073 <br />