BOARD00951

• Board Meeting Date: 3/24/2003
• Description: State Legislative Issues
• Board Meetings - Doc Type: Memo

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such plans.
(II) This paragraph (c) shall not be in effect from July I, 2effi
2009, until July I, ZOO6 2012, during which time paragraph (c.5) of this
subsection (9) shall apply.
(c.5) (I) As to wells whi:eh THAT will be completed in the Dawson,
Denver, Arapahoe, and Laramie-Fox Hills aquifers and will withdraw
ground water that is not nontributary ground water, as defined in section
37-90-103 (10.7), judicial approval of plans for augmentation shall be
required prior to the use of such ground water. As to such wells
completed in the Dawson aquifer, decrees approving such plans for
augmentation shall provide for the replacement of actual out-of-priority
depletions to the stream caused by withdrawals from such wells and shall
meet all other statutory criteria for such plans. As to such wells
completed in the Denver, Arapahoe, or Laramie-Fox Hills aquifers more
than one mile from any point of contact between any natural stream
including its alluvium on which water rights would be injuriously
affected by any stream depletion, and any such aquifer, such decrees shall
provide for the replacement to the affected stream system or systems of
a total amount of water equal to four percent of the amount of water
withdrawn on an annual basis. As to such wells completed in such
aquifers at points closer than one mile to any such contact, the amount of
such replacement shall be determined using the assumption that the
hydrostatic pressure level in each such aquifer has been lowered at least
to the top of that aquifer throughout that aquifer. Such decrees shall also
require the replacement of actual out-of-priority depletions of the stream
after withdrawal ceases to compensate for stream depletions caused by
prior withdrawals from such wells and shall meet all other statutory

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