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BOARD00951
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Last modified
8/16/2009 2:56:13 PM
Creation date
10/4/2006 6:47:04 AM
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Template:
Board Meetings
Board Meeting Date
3/24/2003
Description
State Legislative Issues
Board Meetings - Doc Type
Memo
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<br /> <br />e I SECTION 1. 37-90-137 (9) (c) and (9) (c.5), Colorado Revised <br /> 2 Statutes, are amended to read: <br /> 3 37-90-137. Permits to construct wells outside designated basins <br /> 4 - fees - permit no ground water right - evidence - time limitation - well <br /> 5 permits - repeal. (9) (c) (I) As to wells which THAT will be completed <br /> 6 in the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers and <br /> 7 will withdraw ground water that is not nontributary ground water, as <br /> 8 defined in section 37-90-103 (10.7), judicial approval of plans for <br /> 9 augmentation shall be required prior to the use of such ground water. As <br /> 10 to such wells completed in the Dawson aquifer, decrees approving such <br /> II plans for augmentation shall provide for the replacement of actual stream <br /> 12 depletion to the extent necessary to prevent any injurious effect, based <br /> 13 upon actual aquifer conditions in existence at the time of such decree. As <br />e 14 to such wells completed in the Denver, Arapahoe, or Laramie-Fox Hills <br />15 aquifers more than one mile from any point of contact between any <br /> 16 natural stream including its alluvium on which water rights would be <br /> 17 injuriously affected by any stream depletion, and any such aquifer, such <br /> 18 decrees shall provide for the replacement to the affected stream system <br /> 19 or systems ofa total amount of water equal to four percent of the amount <br /> 20 of water withdrawn on an annual basis. As to such wells completed in <br /> 21 such aquifers at points closer than one mile to any such contact, the <br /> 22 amount of such replacement shall be determined using the assumption <br /> 23 that the hydrostatic pressure level in each such aquifer has been lowered <br /> 24 at least to the top of that aquifer throughout that aquifer. Such decrees <br /> 25 may also require the continuation of replacement after withdrawal ceases <br /> 26 if necessary to compensate for injurious stream depletions caused by prior <br /> 27 withdrawals from such wells and shall meet all other statutory criteria for <br />e <br /> -2- 1005 <br />
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