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<br />" <br /> <br />flt":CJl <br />tilL!'! 4 <br /> <br />2.. "Section 213" wells. A :related. problem is that of the so-called <br /> <br />"Section 213" wells, as specified under. 37-90-137 (4) CRS. The <br /> <br />law provides for the issuance of permits for wells from non- <br /> <br />tributary ground water sources which have not been included <br /> <br />in a designated ground water basin. There are a number of <br /> <br />issues with respect to these wells: <br /> <br />A, Whether such ground water is subject to the doctrine of <br /> <br />prior appropriation, or to the doctrine of correlative <br /> <br />rights, or to some hybrid combination of the two; <br /> <br />B, Whether the 1 percent per year rate of withdrawal is the <br /> <br />proper and legally required rate; <br /> <br />C. Whether owners of existing wells in the same aquife:r <br /> <br />may enjoin or limit the drilling of new wells or the rate <br /> <br />of pumping in present wells, <br /> <br />3, Flow decrees vs. volume decrees, From time to time it has been <br /> <br />suggested that Colorado adopt a decree system that incorporates <br /> <br />volumetric limits on water use, rather than the flow limitations <br /> <br />now in use.. <br /> <br />-..- ..--.---- ~ ---- -~--- ---- --.-. <br />The water study will, briefly discuss the respe~ti~e' <br /> <br />merits and liabilities of each system, and the practical problems <br /> <br />involved in conversion to a volumetric system, <br /> <br />2'1 <br />