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<br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br /> <br />continuation of replacement after withdrawal ceases if necessary to <br />compensate for injurious stream depletions caused by prior withdrawals <br />from such wells and shall meet all other statutory criteria for such plans. <br />(ll) This paragraph (c) shall not be in effect frorn July 1, 200t <br />2003, until July 1,2004 2006, during which time paragraph (c.5) of this <br />subsection (9) shall apply. <br />(c.5) (1) As to wells which will be completed in the Dawson, <br />Denver, Arapahoe, and Laramie-Fox Hills aquifers and will withdraw <br />ground water that is not nontributary ground water, as defined in section <br />37-90-103 (10.7), judicial approval of plans for augmentation shall be <br />required prior to the use of such ground water. As to such wells <br />completed in the Dawson aquifer, decrees approving such plans for <br />augmentation shall provide for the replacement of actual Ollt of I:'I;O,;t, <br />OUT-OF-PRIORITY depletions to the stream caused by withdrawals from <br />such wells and shall meet all other statutory criteria for such plans. As to <br />such wells completed in the Denver, Arapahoe, or Laramie-Fox Hills <br />aquifers more than one mile from any point of contact between any <br />natural stream including its alluvium on which water rights would be <br />injuriously affected by any stream depletion, and any such aquifer, such <br />decrees shall provide for the replacement to the affected stream system or <br />systems of a total amount of water equal to four percent of the amount of <br />water withdrawn on an annual basis. As to such wells completed in such <br />aquifers at points closer than one mile to any such contact, the amount of <br />such replacement shall be determined using the assumption that the <br />hydrostatic pressure level in each such aquifer has been lowered at least <br />to the top of that aquifer throughout that aquifer. Such decrees shall also <br />require the replacement of actual Ollt of v,;otity OUT-OF-PRIORITY <br /> <br />-3- <br /> <br />002 <br />