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<br />B. <br /> <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 />Designated Ground Water: <br /> <br />1. C.RS. 937-90-103(6) defines designated ground water as: <br /> <br />a. Ground water which, in its natural course, would not be available to <br />and required for the fulfillment of decreed surface water rights; or <br /> <br />b. Ground water in areas not adjacent to a continuously flowing natural <br />stream wherein ground water withdrawals have constituted the <br />principal water usage for at least 15 years; and <br /> <br />c. In either case, are in a "designated ground water basin" created by the <br />ground water commission in accordance with C.RS. 937-90-106. <br /> <br />2. "Modified prior appropriation" doctrine allows reasonable depletion and <br />economic development of designated ground water. C.RS. 9 37-90-102(1). <br /> <br />a. Protection of prior appropriations. <br /> <br />b. Reasonable pumping maintained, but not to historical levels. <br /> <br />3. Ground Water Commission. <br /> <br />a. Establishes designated ground water basins pursuant to C.R.S. 937- <br />90-106. <br /> <br />b. Issues conditional and final permits for designated ground water use. <br /> <br />4. Conditional permits are issued pursuant to C.R.S. 9 37-90-107. <br /> <br />a. In order to use ground water in a designated basin, a water user must <br />apply to the ground water commission for a conditional permit. Water <br />must be used on the land described in the application unless the <br />commission later approves a change. <br /> <br />18 <br />