BOARD00951

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

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division 3 that involves a new withdrawal of groundwater that will affect
the rate or direction of movement of water in the confined aquifer system
referred to in section 37-90-102 (3) shall be permitted pursuant to a
judicially approved plan for augmentation that, in addition to all other
lawful requirements for such plans, shall be subject to the requirements
of rules for the withdrawal of such groundwater within water division 3
that are promulgated by the state engineer pursuant to the procedures of
section 37-92-50] (2). Such rules shall be based upon specific study of
the confined aquifer system and shall be promulgated prior to July I,
WlB 2004. In the promulgation of such rules for water division 3, the
state engineer shall recognize that unappropriated water is not made
available and injury is not prevented as a result of the reduction of water
consumption by nonirrigated native vegetation. Such rules shall also
permit the development of the water resources of water division 3 in a
manner that will protect Colorado's ability to meet its interstate compact
obligations and to prevent injury to senior appropriators in the order of
their priorities, and with due regard for daily, seasonal, and longer
demands on the water supply. The state engineer and the Colorado water
conservation board shall proceed with diligence to complete needed
studies.
(II) Subparagraph (I) of this paragraph (b) is repealed, effective
July I, WlB 2004; except that nothing in this subsection (12) shall affect
the validity of the rules adopted by the state engineer for groundwater
withdrawals in water division 3, or affect the applicability of such rules
to well permits that have been or will be issued, and judicial decrees that
have been or will be entered, for the withdrawal of groundwater in water
division 3.

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