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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />at Inlnlmum identify the potential impact from erosion and measures for the con- <br />trol of erosion. Such a report should be attached as documentation to the Envi- <br />ronmental Review Report Format presented in Part II. <br /> <br />D. \,ATER RESOURCES <br /> <br />\,ater resources in the study area are classified as tributary, Tributary water <br />is sa i d to be in" hydraul i c" connecti on wi th surface waters. Thus, a well extrac- <br />ting water from a relatively shallow table affects the level of adjacent surface <br />water. <br /> <br />Parkville Water District is a part of the Arkansas River Basin which is adminis- <br />tered by the State Engineer and the Division II Water Commissioner. The Arkansas <br />River Basin is described as one of the tightest watersheds in the State. Generally, <br />water rights have been over appropriated and daily "calls" by senior water right holders <br />occur. Additionally, water yield from registered wells in the Leadville area general- <br />ly does not exceed 15 gallons per minute, a low yield, <br /> <br />Extraction of water resources from the study area has the potential to incrementally <br />damage not only senior users below the Parkville Water District diversion points, <br />but also the ilT1l1lediate watershed area above the diversion points, <br /> <br />VI. W. Wheeler and Associates, Inc" engineering consultants to the Parkvi1le Water <br />District in a letter dated October 17, 1979, summarized their concerns regarding de- <br />velopment in the District. <br /> <br />-Diversion of Water: "First, any diversion of water that results in a re- <br />duction of flow at the District's diversion points will cause an injury to <br />the District. Therefore, any wells or surface diversions that deplete the <br />floVl of water will cause such an injury." <br /> <br />-Pollution: "Development could result in bacteriological and viral contam- <br />ination and increased tUbidity loads that would degrade the quality of the <br />water supply. The extent of pollution would be dependent on the amount and <br />type of development, the method of sewage treatment, the proximity to the <br />stream and other factors. However, some pollution would result merely from <br />the increased presence of people and the associated need for roads, the cre- <br />ation of dust and erosion and the presence of pets and livestock." <br /> <br />Reference may be made to Appendix A concerning annual water requirements of the <br />Parkvi11e Water District. <br /> <br />A high probability exists that material injury to the vested water rights of others <br />will result if additional water resources are extracted. Nevertheless, the ultimate <br />pronouncement of this fact rests in the hands of the court system, <br /> <br />1. THE PROCESS: <br /> <br />Generally, if land was subdivided prior to June 1, 1972, household well permits will <br />be granted. Water from a household well may not be used for the watering of lawns. <br />trees, etc., and can be used for in-house use only. While a permit is required, de- <br />nial of a household well permit may be obtained only after the state engineer deter- <br />l11i nes tha t the well wou1 d "materi ally injure the vested ri ghts of others or any other <br />existing \o/ell." (148-21-45(3)(b)(ii),) <br /> <br />Concerning domestic wells, the law states that there shall be a presumption that <br />"...there Ivi11 not be material injury to the vested water rights of others." (148- <br /> <br />10 <br />