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<br />" <br /> <br />RULES GOVERNING TIlE MEASUREMEN'rOFTRIBUfARY GROUND WATER DIVERSIONS <br />LOCATED IN TIlE ARKANSAS RIVER BASIN <br /> <br />AUTIlORIZATION <br /> <br />In order for the Slate Engineer and Division Engineer for Water Division No.2 to properly <br />administer the waters of the Arkansas River basin and to comply with the Arkansas River Compact. it <br />has become necessary to require the metering of tribulary wells within the basin. The Slate Engineer's <br />authority to promulgate these rules is based on section 37-80-104, C.R.S., which requires the Slate <br />Engineer to make and enforce such regulations with respect to deliveries of water as will enable the Slate <br />of Colorado to meet its compact commitments; section 37-92-501, C.R.S., which authorizes the Slate <br />Engineer to adopt rules and regulations to assist in the performance of the administration, distribution and <br />regulation of the waters of the Slate in accordance with the constiwtion of the Slate of Colorado, the <br />provisions of Article 92 (The Water Rights Determination and Administration Act of 1969) and other <br />applicable laws; and section 37-92-502(5), C.R.S., which authorizes the Slate Engineer to order any <br />owner or user of a water right to install and maintain at such owner's or user's expense necessary meters, <br />gauges, or other measuring devices and to report at reasonable times to the appropriate Division Engineer <br />the readings of such meters, gauges or other measuring devices. <br /> <br />ORDER OF TIlE STATE ENGINEER <br /> <br />IT IS ORDERED that the following rules are adopted and approved by the Slate Engineer. <br /> <br />Rule I. Scope. These rules are appl icable to all wells located in the Arkansas River basin except <br />decreed and/or permitted wells as described in section 37-92~2, C.R.S.; wells located within a <br />designated ground water basin; decreed and/or permitted nontributary wells; permitted wells subject to <br />sections 37-90-137(4), C.R.S.; and wells permitted and decreed for not more than 50 gallons per minute <br />that are pan of a judicially-approved plan for augmentation. <br /> <br />Rule 2. <br /> <br />Definitions: <br /> <br />A. The following definitions are applicable to these rules governing the measurement <br />of tributary ground water diversions located in the Arkansas River basin: <br /> <br />I. "Compound or complex system" means any well for which the method <br />of delivery varies during the irrigation season between open discharge, sprinlder <br />system or gated pipe that are used in a single irrigation season or where more <br />than one electrical device is operated from the same electric power meter. <br /> <br />2. "Inactive well" means any well that is not in use and is discotUlected <br />from a power source. <br /> <br />3. "Power coefficient" means the amount of electrical energy expressed as <br />kilowatt hours (KWH) consumed in pumping one acre-foot of water. <br />