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<br />70-1. 1...J1. <br /> <br />rag!;; I Ul 1":> <br /> <br />ADJUSTMENT OF SUCH AMOUNT TO CONFORM TO THE ACTUAL LOCAL AQUIFER <br />CHARACTERISTICS FROM ADEQUATE INFORMATION OBTAINED FROM WELL DRILLING <br />OR TEST HOLES. <br /> <br />(d) (I) ANY PERSON DESIRING A PERMIT FOR A WELL TO WITHDRAW GROUND <br />WATER FOR A BENEFICIAL USE FROM THE DAWSON, DENVER, ARAPAHOE, OR <br />LARAMIE-FOX HILLS AQUIFERS SHALL MAKE APPLICATION TO THE COMMISSION ON A <br />FORM TO BE PRESCRIBED BY THE COMMISSION. A FEE OF SIXTY DOLLARS SHALL BE <br />SUBMITTED WITH THE APPLICATION, WHICH SUM SHALL NOT BE REFUNDED. <br /> <br />(II) A WELL PERMIT SHALL NOT BE GRANTED UNLESS A DETERMINATION OF <br />GROUND WATER TO BE WITHDRAWN BY THE WELL HAS BEEN MADE PURSUANT TO <br />PARAGRAPH (c) OF THIS SUBSECTION (7). <br /> <br />(III) THE APPLICATION FOR A WELL PERMIT SHALL ALSO INCLUDE A <br />REPLACEMENT PLAN IF ONE IS REQUIRED UNDER COMMISSION RULES TO REPLACE <br />ANY DEPLETIONS TO ALLUVIAL AQUIFERS CAUSED DUE TO WITHDRAWAL OF GROUND <br />WATER FROM THE DAWSON, DENVER, ARAPAHOE, OR LARAMIE-FOX HILLS AQUIFERS <br />AND THE REQUIRED PLAN HAS NOT BEEN APPROVED PURSUANT TO PARAGRAPH (c) OF <br />THIS SUBSECTION (7). THE PUBLICATION AND HEARING REQUIREMENTS OF THIS <br />SECTION SHALL APPLY TO AN APPLICATION FOR SUCH A REPLACEMENT PLAN. <br /> <br />(IV) THE ANNUAL AMOUNT OF WITHDRAWAL ALLOWED IN ANY WELL PERMITS <br />ISSUED UNDER THIS SUBSECTION (7) SHALL BE LESS THAN OR EQUAL TO THE AMOUNT <br />DETERMINED PURSUANT TO PARAGRAPH (c) OF THIS SUBSECTION (7) AND MAY, IF SO <br />PROVIDED BY ANY SUCH DETERMINATION, PROVIDE FOR THE SUBSEQUENT <br />ADJUSTMENT OF SUCH AMOUNT TO CONFORM TO THE ACTUAL AQUIFER <br />CHARACTERISTICS ENCOUNTERED UPON DRILLING OF THE WELL OR TEST HOLES. <br /> <br />(8) THE COMMISSION SHALL HAVE THE EXCLUSIVE AUTHORITY TO ISSUE OR DENY <br />WELL PERMITS UNDER THIS SECTION. THE COMMISSION SHALL CONSIDER ANY <br />RECOMMENDATION BY GROUND WATER MANAGEMENT DISTRICTS CONCERNING <br />WELL PERMIT APPLICATIONS UNDER THIS SECTION. <br /> <br />SECTION 6. Article 90 of title 37, Colorado Revised Statutes, is amended BY THE ADDITION <br />OF A NEW SECTION to read: <br /> <br />37-90-107.5. Replacement plans. ANY PERSON DESIRING TO OBTAIN AN APPROVAL OF <br />A REPLACEMENT PLAN WITHIN THE BOUNDARIES OF A DESIGNATED GROUND WATER <br />BASIN PURSUANT TO THE PROVISIONS OF THIS ARTICLE, SHALL MAKE AN <br />APPLICATION TO THE COMMISSION IN A FORM PRESCRIBED BY THE COMMISSION. THE <br />APPLICANT SHALL ALSO SUBMIT A SUMMARY OF THE APPLICATION TO THE <br />COMMISSION FOR PUBLICATION. IF THE COMMISSION DETERMINES THE APPLICATION <br />TO BE COMPLETE, IT SHALL BE PUBLISHED PURSUANT TO SECTION 37-90-112 WITHIN <br />SIXTY DAYS AFTER THE FILING OF SUCH AN APPLICATION. IF AN OBJECTION IS FILED, <br />A HEARING SHALL BE HELD PURSUANT TO SECTION 37-90-113. THE COMMISSION SHALL <br />APPROVE THE REPLACEMENT PLAN IF THE COMMISSION DETERMINES THAT THE <br />REPLACEMENT PLAN MEETS THE REQUIREMENTS OF THIS ARTICLE AND RULES <br />ADOPTED BY THE COMMISSION. A REPLACEMENT PLAN SHALL NOT BE USED AS A <br />VEHICLE FOR AVOIDING LIMIT A TIONS ON EXISTING WELLS, INCLUDING BUT NOT <br /> <br />http://www.state.co.us/gov_dir/leg_dir/olls/sI1998/sI.290.htm <br /> <br />12/19/2001 <br />