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<br />" <br />.. <br /> <br />. <br /> <br />that, in determining whether ground water of the Dawson, Denver, <br />Arapahoe, and Larami e-Fox Hi 11 s aqui fers is nontri butary, it shall <br />be assumed that the hydrostatic pressure level in each such <br />aqui fer has been lowered at 1 east to the top of that aqui fer <br />throughout that aqui fer; EXCEPT THAT NOT NONTRIBUTARY GROUND <br />WATER, AS DEFINED IN SUBSECTION (10.7) OF THIS SECTION, IN THE <br />DENVER BASIN SHALL NOT BECOME NONTRIBUTARY GROUND WATER AS A <br />RESULT OF THE AQUIFER'S HYDROSTATIC PRESSURE LEVEL DROPPING BELOW <br />THE ALLUVIUM OF AN ADJACENT STREAM DUE TO DENVER BASIN WELL <br />PUMPING ACTIVITY. Nothing in this subsection (10.5) shall <br />preclude the designation of any qquifer or basin, or any portion <br />thereof, which is otherwise eligible for designation under the <br />standard set forth in subsection (6) of this section relating to <br />ground water in areas not adjacent to a continuously flowing <br />natural stream wherein ground water withdrawals have constituted <br />the principal water usage for at least fifteen years preceding the <br />date of the first hearing on the proposed designation of a basin. <br /> <br />r:':-1 <br /> <br />(10.7) "NOT NONTRIBUTARY GROUND WATER" MEANS GROUND WATER <br />LOCATED WITHIN THOSE PORTIONS OF THE DAWSON, DENVER, ARAPAHOE, AND <br />LARAMIE-FOX HILLS AQUIFERS THAT ARE OUTSIDE THE BOUNDARIES OF ANY <br />DESIGNATED GROUND WATER BASIN IN EXISTENCE ON JANUARY I, 1985, THE <br />WITHDRAWAL OF WHICH WILL, WITHIN ONE HUNDRED YEARS, DEPLETE THE <br />FLOW OF A NATURAL STREAM, INCLUDING A NATURAL STREAM AS DEFINED <br />IN SECTIONS 37-82-101 (2) AND 37-92-102 (1) (b), AT AN ANNUAL RATE <br />OF GREATER THAN ONE-TENTH OF ONE PERCENT OF THE ANNUAL RATE OF <br />WITHDRAWAL. <br /> <br />SECTION 2. 37-90-137 (9) (c), Colorado Revised Statutes, <br />1990 Repl. Vol., is amended, and the said 37-90-137 (9), as <br />amended, is further amended BY THE ADDITION OF A NEW PARAGRAPH, <br />to read: <br /> <br />37-90-137. Permits to construct wells outside designated <br />basins - fees - permit no ground water right - evidence - time <br />limitation - well permits. (9) (c) (I) As to wells which will be <br />completed in the Dawson, Denver, Arapahoe, and Laramie-Fox Hills <br />aqu i fers and wi 11 withdraw ground water wJH.ffi THAT is not <br />nontributary 9round water, as defined in section 37-90-103 (IQ.5) <br />(10.7), judicial approval of plans for augmentation shall be <br />required prior to the use of such ground water. As to such wells <br />completed in the Dawson aquifer, decrees approving such plans for <br />augmentation shall provide for the replacement of actual stream <br />depletion to the extent necessary to prevent any injurious effect, <br />based upon actual aquifer conditions in existence at the time of <br />such decree. As to such wells completed in the Denver, Arapahoe, <br />or Laramie-Fox Hills aquifers more than one mile from any point <br />of contact between any natural stream including its alluvium on <br />which water rights would be injuriously affected by any stream <br />depletion, and any such aquifer, such decrees shall provide for <br />the repl acement to the affected stream system or systems of a <br />total amount of water equal to four percent of the amount of water <br /> <br />PAGE 2-SENATE BILL 96-74 <br /> <br />. <br />