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<br />'0-11:>1 <br /> <br />rage '+ or lj <br /> <br />(e) IF THE APPLICATION IS MADE PURSUANT TO THIS SECTION FOR A WELL THAT <br />WILL BE LOCATED IN A SUBDIVISION, AS DEFINED IN SECTION 30-28-101 (10), C.R.S., <br />AND APPROVED ON OR AFTER JUNE 1, 1972, PURSUANT TO ARTICLE 28 OF TITLE 30, <br />C.R.S., FOR WHICH THE WATER SUPPLY PLAN HAS NOT BEEN RECOMMENDED FOR <br />APPROVAL BY THE ST ATE ENGINEER, THE CUMULATIVE EFFECT OF ALL SUCH WELLS <br />IN THE SUBDIVISION SHALL BE CONSIDERED IN DETERMINING MATERIAL INJURY, AND <br />THE STATE ENGINEER SHALL DENY THE APPLICATION IF IT IS DETERMINED THAT THE <br />PROPOSED WELL WILL CAUSE MATERIAL INJURY TO EXISTING WATER RIGHTS. <br /> <br />(d) (I) IF ANY PERSON WISHES TO REPLACE AN EXISTING WELL OF THE TYPE <br />DESCRIBED IN SUBSECTION (1) OF THIS SECTION, SUCH PERSON SHALL FILE AN <br />APPLICATION PURSUANT TO THIS SUBSECTION (3) FOR THE CONSTRUCTION OF A WELL <br />AND SHALL STATE IN SUCH APPLICATION SUCH PERSON'S INTENT TO ABANDON THE <br />EXISTING WELL THAT IS TO BE REPLACED. <br /> <br />(II) IF SUCH A REPLACEMENT WELL WILL NOT CHANGE THE AMOUNT OR TYPE OF <br />USE OF WATER THAT CAN LA WFULL Y BE MADE BY MEANS OF THE EXISTING WELL, A <br />PERMIT TO CONSTRUCT AND USE THE REPLACEMENT WELL SHALL BE ISSUED, AND <br />THE EXISTING WELL SHALL BE ABANDONED WITHIN NINETY DAYS AFTER THE <br />COMPLETION OF THE REPLACEMENT WELL. <br /> <br />(e) WELLS FOR WHICH PERMITS HAVE BEEN GRANTED OR MAY BE GRANTED <br />SHALL BE CONSTRUCTED WITHIN TWO YEARS AFTER THE PERMIT IS ISSUED, WHICH <br />TIME MAY BE EXTENDED FOR SUCCESSIVE YEARS AT THE DISCRETION OF THE STATE <br />ENGINEER FOR GOOD CAUSE SHOWN. <br /> <br />(4) (a) ANY WELLS OF THE TYPE DESCRIBED BY THIS SECTION THAT WERE PUT TO <br />BENEFICIAL USE PRIOR TO MAY 8, 1972, AND ANY WELLS THAT WERE USED <br />EXCLUSIVELY FOR MONITORING AND OBSERVATION PURPOSES PRIOR TO AUGUST 1, <br />1988, NOT OF RECORD IN THE OFFICE OF THE STATE ENGINEER, MAY BE RECORDED IN <br />THAT OFFICE UPON WRITTEN APPLICATION, PAYMENT OF A PROCESSING FEE OF SIXTY <br />DOLLARS, AND PERMIT APPROVAL. THE RECORD SHALL INCLUDE THE DATE THE <br />WATER IS CLAIMED TO HAVE BEEN FIRST PUT TO BENEFICIAL USE. <br /> <br />(b) ANY OWNER OF AN EXISTING WELL THAT WAS CONSTRUCTED PRIOR TO MAY 8, <br />1972, OR HAS A WELL PERMIT ISSUED PRIOR TO JANUARY 1,1996, UNDER THE <br />PROVISIONS OF THIS SECTION, AND THAT WAS PUT TO BENEFICIAL USE FOR <br />WATERING LIVESTOCK IN A CONFINED ANIMAL-FEEDING OPERATION PRIOR TO <br />JANUARY 1, 1996, AND HAS BEEN USED FOR THAT PURPOSE, MAY APPLY BY DECEMBER <br />31,1999, TO OBTAIN A NEW PERMIT FOR THAT WELL UP TO THE EXTENT OF ITS <br />BENEFICIAL USE PRIOR TO JANUARY 1, 1996, FOR WATERING LIVESTOCK IN THAT <br />COMMERCIAL BUSINESS PURSUANT TO PARAGRAPH (e) OF SUBSECTION (1) OF THIS <br />SECTION. SUCH WELL SHALL BE IN ADDITION TO THE ONE COMMERCIAL BUSINESS <br />WELL ALLOWED IN PARAGRAPH (e) OF SUBSECTION (1) OF THIS SECTION. SUCH AN <br />APPLICATION SHALL INCLUDE A SIXTY DOLLAR FILING FEE AND SHALL PROVIDE <br />DOCUMENTATION OF THE ANNUAL VOLUME OF WATER PUT TO BENEFICIAL USE FROM <br />THE WELL. THE ST ATE ENGINEER SHALL HAVE THE AUTHORITY TO DETERMINE THE <br />ADEQUACY OF THE SUBMITTED INFORMATION FOR THE PURPOSE OF APPROVING <br />COMPLETELY, APPROVING IN PART, OR DENYING THE APPLICATION. PERMITS ISSUED <br />AFTER JANUARY 1, 1996, UP TO THE EFFECTIVE DATE OF THIS PARAGRAPH (b) SHALL <br />REMAIN VALID THEREAFTER ACCORDING TO THE TERMS AND CONDITIONS OF THOSE <br /> <br />http://www.state.co.us/gov_dir/leg_dir/olls/sI1998/sL290.htm <br /> <br />12119/2001 <br />