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<br />'.... <br /> <br />" <br /> <br />I <br /> <br />WELL IS LOCATED. UPON RECEIPT OF SUCH PETITION, THE DESIGNATED <br /> <br />GROUND WATER JUDGE FOR THE BASIN IN WHICH THE WELL IS LOCATED <br /> <br />~ <br /> <br />2 <br /> <br />3 SHALL CONDUCT SUCH HEARINGS, PURSUANT TO SECTION 24-4- I 06, <br />4 c.R.S., AS NECESSARY TO DETERMINE WHETHER OR NOT THE DECISION OF <br />5 THE STATE ENGINEER SHALL BE UPHELD. IN ANY CASE IN WHICH THE <br /> <br />6 STATE ENGINEER'S DECISION IS REVERSED, THE JUDGE SHALL ORDER THE <br />7 STATE ENGINEER TO GRANT OR DENY THE APPLICATION, AS SUCH <br />8 REVERSAL MAY REQUIRE, AND MAY SPECIFY SUCH TERMS AND CONDITIONS <br />9 AS .-\RE APPROPRIATE. <br />10 SECTION 5. 37-90-107 (5), <;:olprado Revised Statutes, is <br />I I amended, and the said 37-90-107 is further amended BY THE <br />12 ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read: <br /> <br />13 37-90-107. Application for use of ground water - publication <br /> <br />14 <br /> <br />of notice - conditional permit - hearing on objections - well permits. <br /> <br />. <br /> <br />15 (5) In ascertaining whether a proposed use will create unreasonable <br />16 waste or unreasonably affect the rights of other appropriators, the <br />17 commission shall take into consideration the area and geologic <br />18 conditions. the average annual yield and recharge rate of the appropriate <br />19 water supply, the priority and quantity of existing claims of all persons to <br />20 use the water, the proposed method of use, and all other matters <br />21 appropriate to such questions. With regard to whether a proposed use <br />-''' ,viII impair uses under existing water rights, impairment shall include the <br />23 unreasonable lowering of the water leveL or the unreasonable <br />24 deterioration of water quality, beyond reasonable economic limits of <br /> <br />25 withdrawal or use. IF AN ..>J'PLlCATJOi\ FOR .>. \\iELL PER,'vllT CA>/NOT <br /> <br />26 <br /> <br />OTHERWISE BE GRA,,"JTED PURSU."u"JT TO THIS SECTION, .-\ \\ELL PERMIT MAY <br /> <br />- <br /> <br />" <br /> <br />-10- <br />