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<br />./U-J. J..JJ. <br /> <br />r~}5c; ~ VI l.,J <br /> <br />(12.7) "REPLACEMENT PLAN" MEANS A DETAILED PROGRAM TO INCREASE THE <br />SUPPLY OF WATER A V AILABLE FOR BENEFICIAL USE IN A DESIGNATED GROUND <br />WATER BASIN OR PORTION THEREOF FOR THE PURPOSE OF PREVENTING MATERIAL <br />INJURY TO OTHER WATER RIGHTS BY THE DEVELOPMENT OF NEW POINTS OF <br />DIVERSION, BY POOLING OF WATER RESOURCES, BY WATER EXCHANGE PROJECTS, BY <br />PROVIDING SUBSTITUTE SUPPLIES OF WATER, BY THE DEVELOPMENT OF NEW <br />SOURCES OF WATER, OR BY ANY OTHER APPROPRIATE MEANS CONSISTENT WITH THE <br />RULES ADOPTED BY THE COMMISSION. "REPLACEMENT PLAN" DOES NOT INCLUDE <br />THE SALVAGE OF DESIGNATED GROUND WATER BY THE ERADICATION OF <br />PHREATOPHYTES, NOR DOES IT INCLUDE THE USE OF PRECIPITATION WATER <br />COLLECTED FROM LAND SURF ACES THAT HAVE BEEN MADE IMPERMEABLE, THEREBY <br />INCREASING THE RUNOFF, BUT NOT ADDING TO THE EXISTING SUPPLY OF WATER. <br /> <br />SECTION 3.37-90-104 (5) and (6), Colorado Revised Statutes, are amended to read: <br /> <br />37-90-104. Commission - organization - expenses. (5) Members of the commission shall be paid <br />no compensation but shall be paid actual necessary expenses incurred by them in the performance of <br />their duties as members thereof and a per diem of fl. ellt) 11. e FIFTY dollars per day while performing <br />official duties, not to exceed Bile the1l311lld t.. B hllllllied TWO THOUSAND FOUR HUNDRED dollars <br />III any year. <br /> <br />(6) The commission shall biennially select a ehaiI'll'l!lI\ CHAIR and .iee ekaiI'll'l!lfl VICE-CHAIR <br />from among the appointed members. The state engineer shall be ex officio the executive director of the <br />commission and shall carry out and enforce the decisions, orders, and policies of the commission. The <br />commission may delegate to the executive director the authority to perform any ofthe functions of the <br />commission as set forth in this article except the determination of a designated ground water basin as set <br />forth in section 37-90-106 tLe t:3ta61iJftmcflt 3f~ri5Iit) af daim.a feI the fiPfH5fJriatiaflef ac3iE,nated <br />gl6tlllll .. atel fi3 Jet fBl"th in 3eetion J'7 98 189, and the creation of ground water management districts. If <br />any person is dissatisfied with any action of the executive director under the exercise of the powers <br />delegated by the commission, fte THE PERSON may appeal said action to the commission, which shall <br />hear 1M THE PERSON'S appeals as specified in sections 37-90-113 and 37-90-114. <br /> <br />SECTION 4.37-90-105, Colorado Revised Statutes, is amended to read: <br /> <br />37-90-105. Small capacity wells. (1) The state engineer has the authority to approve permits for <br />the following types of wells in designated ground water basins without regard to any other provisions of <br />this article: lHit b15tlftd HatCIlf1tlfl.fr6~lnt:l'it eiiJtIicta Ill&) b) atle3 ltnd IcgtllatiaftJ mrtheI lcJtrict iJJI1t\ftcc <br />af :Jm.all capttcit) p~llllitJ. <br /> <br />(a) Wells not exceeding fifty gallons per minute and used for no more than three single-family <br />dwellings, including the normal operations associated with such dwellings but not including the <br />irrigation of more than one acre ofland; <br /> <br />(b ) Wells not exceeding fifty gallons per minute and used for watering of livestock on range and <br />pasture; <br /> <br />(c) (1) One well not exceeding fifty gallons per minute and used in one commercial business. 6l' <br /> <br />(II) TO QUALIFY AS A "COMMERCIAL BUSINESS" UNDER THIS PARAGRAPH (c), THE <br />BUSINESS SHALL BE: <br /> <br />http://www.state.co.us/gov_dir/leg_dir/olls/sI1998/sI.290.htm <br /> <br />1211912001 <br />