BOARD00534

• Board Meeting Date: 1/12/1998
• Description: 1998 Legislative Issues - Amendments to the Ground Water Management Act of 1965
• Board Meetings - Doc Type: Memo

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fee of twenty dollars shall accompany any application for a replacement

2 well of the type described in subsection (1) of this section.
3 (b) BEGINNING ON THE EFf:ECTIVE DATE OF THIS PAR..-\GR.A.PH (b)
4 THE STATE ENGINEER . SHALL NOt APPROVE A PERMIT FOR A SMALL

5 CAPACITY WELL WITH AN ANNUAL VOLUME OF USE IN EXCESS OF FIVE
6 ACRE-FEET. THIS LIMITATION SI-lALL NOT APPLY TO A REPLACEMENT

7 PERMIT FOR A WELL WHERE THE ORIGINAL PERMIT ALLOWS AN ANNUAL

8 VOLUME OF USE IN EXCESS OF FIVE ACRE-FEET OR TO A PERMIT FOR A WELL
9 COVERED BY THE PROVlSIONS OF SUBSECTION (4) OF THIS SECTION WHERE
10 THE ACTUAL ANNUAL VOLUME OF USE W As,IN ,EXCESS OF FIVE ACRE-FEET.
11 (c) IF THE APPLICATION IS MADE PURSUANT TO THIS SECTION FOR
12 A 'NELL THAT WILL BE LOCATED IN A SUBDIVISION, AS DEFINED IN SECTION

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30-28-101 (10), C.R.S., AND .AJ>I'ROVED ON OR AFTER JUNE 1, 1972,
PURSUANT TO ARTICLE 28 OF TITlE 30, C.R.S., FOR WHICH THE WATER

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15 SUPPLY PLA.l>.l HAS NOT BEEN RECOMMDlDED FOR .-\PPROV AL BY THE ST ATE

16 ENGINEER, THE CUMULATIVE Ef:FECT OF ALL SUCH WELLS IN THE

17 SUBDIVlSION SHALL BE CONSlDERtD IN DETERMNr-JG MATERL-\L INJURY,

18 A.i'lD THE STATE ENGINEER SH.-\LL DENY THE .-'J'PUC.-\TION IF IT IS

19 DETERMINED THAT THE PROPOSED WELL WILL CAUSE M.-\ TERIAL INJURY TO
20 EXISTING WATER RIGHTS.

21 (d) (I) IF .-'.J'lY PERSON WISHES TO REPLACE AN EXISTING WELL OF
22 THE TYPE DESCRIBED IN SUBSECTtOt-i (1) OF THIS SECTION. SL'CH PERSON
23 SH.AJ.L FILE AN .-\PPUC.-\TIO!': PURSUA.'-iT TO THIS SLBSECTION (3) FOR THE
24 CO'iSTRUCTION OF .-\ WELL .-\l'iD SIi.-\LL STATE IN SL.CH APPUC.UJON SUCH

25 ?ERSO""S INTENT TO .-\BA;\DON THE EXISTING WELL THAT IS TO BE

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REPL.-\CED

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