LEG00255

• Bill Number: SB96-074
• Year: 1996
• Title: Concerning Augmentation Requirements for Water Well Pumping in the Denver Basin Aquifers
• Legislation - Doc Type: Other CWCB Related Bills - Passed

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withdrawn on an annual basis. As to such wells completed in such
aquifers at points closer than one mile to any such contact, the
amount of such replacement shall be determined using the
assumpt i on that the hydrostat i c pressure level in each such
aquifer has been lowered at least to the top of that aquifer
throughout that aqui fer. Such decrees may also requi re the
continuation of replacement after withdrawal ceases if necessary
to compensate for injurious stream depletions caused by prior
withdrawals from such wells and shall meet all other statutory
criteria for such plans.

(II) THIS PARAGRAPH (c) SHALL NOT BE IN EFFECT FROM JULY
I, 1998, UNTIL JULY I, 2001, DURING WHICH TIME PARAGRAPH (c.5)
SHALL APPLY.

(c.5) AS TO WELLS WHICH WILL BE COMPLETED IN THE DAWSON,
DENVER, ARAPAHOE, AND LARAMIE-FOX HILLS AQUIFERS AND WILL WITHDRAW
GROUND WATER THAT IS NOT NONTRIBUTARY GROUND WATER, AS DEFINED IN
SECTION 37-90-103 (10.7), JUDICIAL APPROVAL OF PLANS FOR
AUGMENTATION SHALL BE REQUIRED PRIOR TO THE USE OF SUCH GROUND
WATER. AS TO SUCH WELLS COMPLETED IN THE DAWSON AQUIFER, DECREES
APPROVING SUCH PLANS FOR AUGMENTATION SHALL PROVIDE FOR THE
REPLACEMENT OF ACTUAL OUT OF PRIORITY DEPLETIONS TO THE STREAM
CAUSED BY WITHDRAWALS FROM SUCH WELLS AND SHALL MEET ALL OTHER
STATUTORY CRITERIA FOR SUCH PLANS. AS TO SUCH WELLS COMPLETED IN
THE DENVER, ARAPAHOE, OR LARAMIE-FOX HILLS AQUIFERS MORE THAN ONE
MILE FROM ANY POINT OF CONTACT BETWEEN ANY NATURAL STREAM
INCLUDING ITS ALLUVIUM ON WHICH WATER RIGHTS WOULD BE INJURIOUSLY
AFFECTED BY ANY STREAM DEPLETION, AND ANY SUCH AQUIFER, SUCH
DECREES SHALL PROVIDE FOR THE REPLACEMENT TO THE AFFECTED STREAM
SYSTEM OR SYSTEMS OF A TOTAL AMOUNT OF WATER EQUAL TO FOUR PERCENT
OF THE AMOUNT OF WATER WITHDRAWN ON AN ANNUAL BASIS. AS TO SUCH
WELLS COMPLETED IN SUCH AQUIFERS AT POINTS CLOSER THAN ONE MILE
TO ANY SUCH CONTACT, THE AMOUNT OF SUCH REPLACEMENT SHALL BE
DETERMINED USING THE ASSUMPTION THAT THE HYDROSTATIC PRESSURE
LEVEL IN EACH SUCH AQUIFER HAS BEEN LOWERED AT LEAST TO THE TOP
OF THAT AQUIFER THROUGHOUT THAT AQUIFER. SUCH DECREES SHALL ALSO
REQUIRE THE REPLACEMENT OF ACTUAL OUT OF -PRIORITY DEPLETIONS OF
THE STREAM AFTER WITHDRAWAL CEASES TO COMPENSATE FOR STREAM
DEPLETIONS CAUSED BY PRIOR WITHDRAWALS FROM SUCH WELLS AND SHALL
MEET ALL OTHER STATUTORY CRITERIA FOR SUCH PLANS.

(II) THIS PARAGRAPH (c.5) IS EFFECTIVE JULY I, 1998, AND
IS REPEALED, EFFECTIVE JULY 1, 2001.

SECTION 3. Article 90 of title 37, Colorado Revised
Statutes, 1990 Repl. Vol., as amended, is amended BY THE ADDITION
OF A NEW SECTION to read:

37-90-137.5. Special water committee - creation - study -
repeal. (I) THE GENERAL ASSEMBLY HEREBY AUTHORIZES THE CREATION
OF A SPECIAL WATER COMMITTEE TO INVESTIGATE DENVER BASIN

PAGE 3-SENATE BILL 96-74

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