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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />3. <br /> <br />"Exempt wells" may be used without regard to the priority system. C.R.S. <br />9 37-92-602. An exempt well permit may be issued for: <br /> <br />a. Up to 15 g.p.m. for household use; fire protection; watering poultry, <br />domestic animals, and livestock on farms and ranches; and irrigation <br />of not more than one acre of home gardens and lawns; but not used <br />for more than 3 single family dwellings; or <br /> <br />b. Up to 15 g.p.m. for drinking and sanitary facilities in an individual <br />commercial business; or <br /> <br />c. Used exclusively for fire fighting or monitoring and observation; <br />capped and locked; or <br /> <br />d. Up to 50 g.p.m. in production as of 5/22/71 used for purposes in <br />subsection (a), above. <br /> <br />e. There is a rebuttable presumption of no material injury when the <br />following conditions are met: <br /> <br />(I) It is the only well on a residential site used solely for <br />household purposes in a single family dwelling; or <br /> <br />(2) It is the only well on a tract of 35 acres or more or will be the <br />only well on a cluster development lot, serving one single- <br />family residence, where the ratio of water usage in the cluster <br />does not exceed annual withdrawal of 1 AF per 35 acres; and <br /> <br />(3) Return flows accrue to the stream system where the well is <br />located. <br /> <br />f. "Exempt wells" may be adjudicated and protected from injury by <br />other water rights. Application of Turkev Canon Ranch. LLC, 937 <br />P .2d 739 (Colo. 1997). The priority is the date of appropriation, <br />regardless of the date of the water court filing. C.R.S. 9 37-92- <br />602(4). <br /> <br />17 <br />