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<br />7U-J. J.JJ. <br /> <br />rage.J VI 1.J <br /> <br />(A) A BUSINESS THAT WILL BE OPERATED BY THE WELL OWNER AND THAT WILL <br />HAVE ITS OWN BOOKS, BANK ACCOUNTS, CHECKING ACCOUNTS, AND SEPARATE TAX <br />RETURNS; <br /> <br />(B) A BUSINESS THAT WILL USE WATER SOLELY ON THE LAND INDICA TED IN THE <br />PERMIT FOR THE WELL AND FOR THE PURPOSES STATED IN SUCH PERMIT; <br /> <br />(C) A BUSINESS THAT WILL MAINTAIN ITS INDIVIDUAL ASSETS AND WILL OWN OR <br />LEASE THE PROPERTY ON WHICH THE WELL IS TO BE LOCATED OR WHERE THE <br />BUSINESS IS OPERATED; <br /> <br />(D) A BUSINESS THAT WILL HAVE ITS OWN CONTRACTUAL AGREEMENTS FOR <br />OPERATION OF THE BUSINESS; <br /> <br />(E) A BUSINESS THAT AGREES NOT TO TRANSFER A PERMIT ISSUED UNDER THIS <br />PARAGRAPH (c) TO ANOTHER ENTITY THAT ALSO HOLDS A SMALL CAPACITY <br />COMMERCIAL WELL PERMIT UNDER THIS PARAGRAPH (c); AND <br /> <br />(F) A BUSINESS THAT AGREES TO NOTIFY ANY POTENTIAL BUYER THAT SUCH <br />BUYER SHALL NOTIFY THE STATE ENGINEER OF ANY CHANGE IN OWNERSHIP OF SUCH <br />BUSINESS WITHIN SIXTY DAYS AFTER ANY SUCH CHANGE IN OWNERSHIP. <br /> <br />(d) Wells to be used exclusively for monitoring and observation purposes if said wells are capped <br />and locked and used only to monitor water levels or for water quality sampling; OR <br /> <br />(e) WELLS TO BE USED EXCLUSIVELY FOR FIRE-FIGHTING PURPOSES IF SAID WELLS <br />ARE CAPPED AND LOCKED AND AVAILABLE FOR USE ONLY IN FIGHTING FIRES. <br /> <br />(2) THE STATE ENGINEER HAS THE AUTHORITY TO ADOPT RULES IN ACCORDANCE <br />WITH SECTION 24-4-103, C.R.S., TO CARRY OUT THE PROVISIONS OF THIS SECTION. ANY <br />PARTY ADVERSELY AFFECTED OR AGGRIEVED BY A RULE ADOPTED BY THE STATE <br />ENGINEER MAY SEEK JUDICIAL REVIEW OF SUCH ACTION PURSUANT TO SECTION 24-4- <br />106, C.R.S. <br /> <br />~ (3) (a) WELLS OF THE TYPE DESCRIBED IN THIS SECTION MAYBE CONSTRUCTED <br />ONLY UPON THE ISSUANCE OF A PERMIT IN ACCORDANCE WITH THE PROVISIONS OF <br />THIS SECTION. A fee of sixty dollars shall accompany any application for a new well permit under <br />this section. A fee of twenty dollars shall accompany any application for a replacement well of the type <br />described in subsection (1) of this section. <br /> <br />(b) BEGINNING ON THE EFFECTIVE DATE OF THIS PARAGRAPH (b) THE STATE <br />ENGINEER SHALL NOT APPROVE A PERMIT FOR A SMALL CAPACITY WELL WITH AN <br />ANNUAL VOLUME OF USE IN EXCESS OF FIVE ACRE-FEET, UNLESS THE WELL IS <br />LOCATED IN A GROUND WATER MANAGEMENT DISTRICT THAT HAS ADOPTED RULES <br />THAT ALLOW AN ANNUAL VOLUME IN EXCESS OF FIVE ACRE-FEET. THIS LIMITATION <br />SHALL NOT APPLY TO A REPLACEMENT PERMIT FOR A WELL WHERE THE ORIGINAL <br />PERMIT ALLOWS AN ANNUAL VOLUME OF USE IN EXCESS OF FIVE ACRE-FEET OR TO A <br />PERMIT FOR A WELL COVERED BY THE PROVISIONS OF SUBSECTION (4) OF THIS <br />SECTION WHERE THE ACTUAL ANNUAL VOLUME OF USE WAS IN EXCESS OF FIVE <br />ACRE-FEET. <br /> <br />http://www.state.co.us/gov_dir/leg_dir/olls/sI1998/sL290.htm <br /> <br />12/19/2001 <br />