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<br />I <br /> <br />I <br /> <br />I <br /> <br />the gradient of the water table as flat as possible between the upstream <br /> <br /> <br />area of poor water quality and the better quality water to the north. <br /> <br /> <br />The rate of movement is directly proportional to the gradient. <br /> <br />I <br />II <br />II <br /> <br />I <br /> <br />II <br /> <br />From the legal standpoint, if only the historic natural consumptive <br /> <br /> <br />use is removed from the system, the amount of ground water flowing out of <br /> <br />the aquifer <br />unaffected. <br />established <br /> <br />and utilized by downstream water rights is essentially <br /> <br /> <br />The Colorado Ground Water Commission recognized this when they <br /> <br /> <br />the Lost Creek Desig~'ted Ground Water Basin. The following <br /> <br />statement was included in the document containing the final order for <br />establishment of the Designated Basin: <br /> <br />I <br /> <br />The Commission recognizes the legislative declaration <br />of policy as stated in Section 148-18-1 CRS 1963, as <br />amended, that the water resources of this state be devoted <br />to beneficial use in reasonable amOU>1ts and that prior <br />appropriation of ground water should be protected and <br />reasonably ground water pumping levels maintained but <br />not to include the maintenance of historical water levels. <br />The testimony indica~es that some of the ground water in <br />the Lost Creek Basin leaves the basin and is tributary to <br />the flow of the South Platte River. However, with proper <br />monitoring and selection of observation wells, water lev8ls <br />in the northern part of the basin can be observed and with- <br />drawals regulated so that the historic underflow to the South <br />Platte River can be maintained even with additional pumping <br />of an estimated 10,000 acre-feet per year from the basin. <br />The additional water, in absence of said pumping, would be <br />lost in the area through evapotranspiration. <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />The origin of the 10,000-acre-foot figure used by the Colorado Ground <br /> <br /> <br />Water Commission is not clear in that the Nelson, Haley, Patterson and <br /> <br /> <br />Quirk (19~7) study set forth the figure of 25,000 acre feet. Personnel in <br /> <br /> <br />the State Engineer's office indicate it is their understanding the Commission <br /> <br /> <br />intends to approve well permits for a total withdrawal volume of 10,000 <br /> <br /> <br />acre feet beyond that which had been permitted prior to establishment of <br /> <br /> <br />the Designated Basin. When this limit is reached they will review the <br /> <br /> <br />situation before approving additional wells. Although hydrologically there <br /> <br /> <br />is no reason to do so, the permits granted in Hay Gulch are included within <br /> <br /> <br />the 10,000-acre-foot limit. <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />- 23 - <br /> <br />M. W, BITTINGER AND ASSOCIATES, INC. <br />