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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 />XIV. <br /> <br />5. Pre-1973 nontributary rights evidenced by an unexpired well permit or a <br />current decree do not require a new permit. C.R.S. 9 37-90-137(5). <br /> <br />6. The state engineer has promulgated the "Statewide Nontributary Rules and <br />Regulations" for the issuance and administration of nontributary ground <br />water permits. C.R.S. 937-90-137(9)(a). <br /> <br />D. Not-Nontributarv Ground Water: <br /> <br />I. Defined as ground water in the Dawson, Denver, Arapahoe, and Laramie-Fox <br />Hills aquifers outside designated ground water basins, the withdrawal of <br />which will, within 100 years, deplete the flow of a natural stream at an annual <br />rate of greater than one-tenth of one percent of the annual rate of withdrawal. <br />C.R.S. 937-90-103(10.7). <br /> <br />2. Allocated on the basis of land ownership or consent. <br /> <br />3. Well permits must be issued by the state engineer. C.R.S. 937-90-137(4). <br /> <br />4. Judicially-approved augmentation plans are required before not-nontributary <br />ground water may be withdrawn. C.R.S. 9 37-90-137(9)(C.5) (in effect <br />7/1/99 - 7/1/2002). <br /> <br />5. The state engineer has promulgated the "Denver Basin Rules and <br />Regulations" for Denver Basin aquifers (Dawson, Denver, Arapahoe, and <br />Laramie-Fox Hills) to assure that withdrawal will not materially affect vested <br />water rights. <br /> <br />Water Ouality <br /> <br />A. Surface Water: <br /> <br />I. Regulated pursuant to the Federal Water Pollution Control Act of 1972,33 <br />US.c. 9 1251, et seq. ("Clean Water Act"), and the Colorado Water Quality <br />Control Act of 1973, C.R.S. 9 25-8-10 I, et seq. <br /> <br />21 <br />