BOARD00216

• Board Meeting Date: 1/12/1998
• Description: 1998 Legislative Issues - Rio Grande Compact and Confined Aquifer Protection
• Board Meetings - Doc Type: Memo

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UNOFFICIAL DRAFT
(January 16, 1998]
STATE OF COLORADO

A BILL FOR AN ACT

CONCERNING THE REPLACEMENT OF DEPLETIONS FROM NEW WITHDRAWALS OF
GROUNDWATER IN WATER DIVISION 3 THAT WILL AFFECT THE RATE OR
DIRECTION OF MOVEMENT OF GROUNDWATER IN THE CONFINED AQUIFER,
AND, IN CONNECTION THEREWITH, AUTHORIZING THE STATE ENGINEER TO
PROMULGATE RULES THAT OPTIMIZE THE USE OF THE GROUNDWATER AND
PROVIDE ALTERNATIVE METHODS TO PREVENT INJURY.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily
reflect any amendments which may be subsequently adopted.)

Water and Land Resource Issues Committee. Requires judicial approval of a plan
for augmentation that replaces new groundwater depletions in water division 3 that affect
the rate or direction of movement of water in the confined aquifer.
Authorizes the slate engineer to promulgate rules that optimize ground waler use
including, if appropriate, a different methodology to prevent injury.
Requires the court to apply this standard or any different methodology adopted by
the state engineer to prevent injury in any plan for augmentation.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. 37-90-102, Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SUBSECTION to read:
37.90-102. Legislative declaration. (3) (a) THE GENERAL ASSEMBLY FINDS AND
DECLARES THAT IN WATER DIVISION 3, ESTABLISHED PURSUANT TO SECTION 37-92-
201 (1) (c), THERE EXISTS A CONFINED AQUIFER SYSTEM UNDERLYING PORTIONS OF
THE SAN LUIS VALLEY. ~~~~
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