PUB00056

• Year: 2001
• Title: Conference Proceedings: 26th Annual Gunnison Water Workshop
• CWCB Section: Administration
• Description: Theme of the conference was Who's in Charge?
• Publications - Doc Type: Other

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JUL. 13.2\101 12: 17PM

NJ. 992

p, 7

LEAVENwORTM & KARP

F. Historical Use

1. The water court decree sets forth the initial parameters of a water tight. Over
time, however, the \\-'ater right is defined by the manner and extent of its use.

2. A water right may be changed only to the extent of the historical use of that
water - not the decreed tare,

3, A'Dandonmem of the water right may occur where there has been a period of
non-use and an intent to abandon.
· Intent to a'Dandoned is presumed from a long period of non-use,

II.

W ATER SUPPLY SYSTEMS

A, Fee Wells

1. Most fee wells draw tributary groundwater.
· Subject to priority syStem
· Require plan for augmentation to prevent injury to senior rights

2, 600-foot spacing rule
· Generally. no well permit will be issued unless the well will be located
at least 600 feet from existing wells.

3. Well permit requirements:
· Submit well construction permit application to the state engineer,
stating:
i. the aquifer from which the water is to be diverted;
ii. the proposed beneficial use of the water;
iii, the location of the proposed well;
iv. the name of the person who owns the land on which the well
will be located;
v. the average annual amount of water applied for;
vi. the proposed maximum pumping rate; and
vii. if the proposed use is irrigation, II description oithe land to be
irrigated and the name of the owner thereof,
· Pay $60 filing fee
· A per.tnlt to construct a well will expire one year after issuance unless
the permittee provides evidence that the well has been drilled, the PUIIlp
installed, and that water has been applied to beneficial use.

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