LEG00172

• Bill Number: SB03-073
• Year: 2003
• Title: State Engineer Water Supply Authority
• Legislation - Doc Type: Other CWCB Related Bills - Passed

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37-90-137. Permits to construct wells outside designated basins

- fees - permit no ground water right - ievidence - time limitation - well

permits - repeal. (2) (b) (I) If the state engineer finds that there is

unappropriated water available for withdrawal by the proposed well OR

THAT THE PROPOSED WELL IS A RE- TIMING WELL and that the vested water

rights of others will not be materially injured, and can be substantiated by

hydrological and geological facts, the state engineer shall issue a permit

to construct a well, but not otherwise; except that no permit shall be

issued unless the 10cation of the proposed well will be at a distance of

more than six hundred feet from an existing well, but if the state engineer,

after a hearing, finds that circumsta&ces in a particular instance so

warrant, or if a court decree is entered f<1>r the proposed welllocation after

notice has been given in accordance with subparagraph (II) of this

paragraph (b), the state engineer may issue a permit without regard to the

limitation specified in this subsection (2),

(11.5) ANY PERSON WHO SEEKS A PERMIT FOR A RE-TIMING WELL

IN ANY WATER DIVISION OTHER THAN'WATER DIVISION 1 SHALL FILE A

PROPOSED REPLACEMENT PLAN WITH THE PERMIT APPLICATION THAT

STATES THE TIME, LOCATION, AND AMOUNT OF DEPLETIONS OF THE

RE-TIMING WELL, THE SOURCE OF REPLACEMENT OF THE DEPLETIONS, AND

HOW THE DEPLETIONS WILL BE REPLACED IN ORDER TO PREVENT MATERIAL

INJURY TO ANY OTHER VESTED WATER USER. THE STATE ENGINEER SHALL

NOT ISSUE A PERMIT FOR A RE-TIMING WELL UNLESS THE REPLACEMENT

PLAN IS ADEQUATE TO PREVENT MATERIAL INJURY TO ANY OTHER VESTED

WATER USER. ANY PERSON WHO SEEKS A PERMIT FOR A RE- TIMING WELL

IN WATER DIVISION 1 SHALL FOLLOW THE PROCEDURES SET FORTH IN

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SECTION 37-92-501 (4).

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SB03-073