PUB00105

• Year: 1999
• Title: Conference Proceedings: 24th Annual Gunnison Water Workshop
• CWCB Section: Administration
• Description: Theme of the workshop was Garden of Dreams v. High-Desert Reality
• Publications - Doc Type: Other

7. "Small capacity wells" in designated basins are not subject to the statutes and
rules of the commission. Permits are issued by the state engineer in
accordance with C.RS. 9 37-90-105.

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a. Up to 50 g.p.m. and used for up to three single-family dwellings;

b. Up to 50 g.p.m. and used for watering oflivestock;

c. Up to 50 g.p.m. and used in one commercial business; or

d. Used exclusively for firefighting or monitoring and observation;
capped and locked.

C.

Nontributary Ground Water:

1. Defined by statute as groundwater outside a designated ground water basin
"the withdrawal of which will not, within one hundred years, deplete the flow
of a natural stream. . . at an annual rate greater than one-tenth of one percent
of the annual rate of withdrawal." C.R.S. 9 37-90-103(10.5).

2. Constitutional doctrine of "prior appropriation" does not apply to
nontributary ground water; rather, it is allocated based upon ownership of the
overlying land. C.R.S. 9 37-90-102(2).

3. Nontributary ground water rights may be adjudicated in water court. C.R.S.
937-90-137(6).

4. The state engineer issues well permits pursuant to C.R.S. 937-90-137(4).

a. Withdrawal is permitted on the basis of a 100-year aquifer life.

b. Amount available for withdrawal is: the amount of water (exclusive
of recharge) underlying the land owned by: (1) the well permit
applicant; or (2) one who has consented to applicant's withdrawal.

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