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Last modified
1/26/2010 12:52:32 PM
Creation date
10/12/2006 12:01:34 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8029
Description
Section D General Correspondence - Colorado Agencies
State
CO
Basin
Statewide
Date
8/24/1960
Author
Wells A Hutchins
Title
Western Legislation for Public Administration of Ground Water - Western Resources Conference
Water Supply Pro - Doc Type
Report/Study
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<br />w . <br /> <br />U314J~ <br /> <br />. <br /> <br />. <br /> <br />Measures to prevent or correct overdraft <br /> <br />Approprlatl~~ statutes. - In the States In which statutes are <br />based on priority of appropriation, two steps are commonly taken when <br />the aggregate of withdrawals of water In a designated or critical area <br />Is found to exceed the ,afe annual yield: (1) closing of the area to <br />the Issuance of further pennlts to appropriate water; and (2) restric- <br />tion of wlthdra"8ls of water to confonn to priority rights, withdrawals <br />under the leter rights being reduced or prohibited to the extent neces- <br />sery to satisfy the earlier ones. In a few States the administrator <br />has the option of Imposing systems of rotatl~n. <br /> <br />The Oregon State Engineer has a wide discretion In the selection <br />of corrective contr~1 provisions. He may order one or more of the <br />following: (1) closing of the area to further appropriations; (2) <br />determination of tha pennlsslble total withdrawal and Its apportionment <br />among appropri9tors In accordance with relatl~e priorities; (3) accorJ- <br />Ing of first oreference aesplte priorities t? domestic end livestock <br />uses and thereafter, In such order as deemed advisable, to agrlcult~ral, <br />Industrial, munlclp31 other than domestic, recreational, and other bene- <br />ficial purposes; (4) reduction of permissible withdrawal by anyone or <br />more appropriators or weill; (5) If 2 or more wells are used by the same <br />appropriator, adjustment of the total penAlsllble wlthdrawel by him, or <br />complete prohibition of the use of one or more of such wells; (6) abata- <br />ment or.seallng of any well responsible for pollution of the water supply: <br />(7) Imposition of a system of rotation: (8) additional requirements In <br />the public welfare. <br /> <br />Nonapproprlatlon statutes. - In both Arizona and Colorado, critical <br />areas are closed to further development of ground water rasources while <br />the critIcal condition continues, and new permits to drill wells and <br />withdraw waters are limited chiefly to replacement and preservation of <br />existing diversions and uses. The Colorado act provIdes that pennlts <br />must be obtained generally for all new wells and for Increase, and exten- <br />sions of exIsting suppllesl If located outside the boundaries of a critical <br />district, pennlts to use ground water will be Issued. The Colorado permit <br />does not have the effect of granting or conferring e ground water right <br />upon the user, but It Is prima facie evidence of the date and extent of <br />the new u.e. <br /> <br />The board of directors of a Nebraska ground WIter conservation <br />dl.trlct, after conferring with Stete and University official. and after <br />notice and public hearing, may Inltltute corractlve measures to Inlure <br />proper conservation of ground water In the district. As to the nature of <br />pennlsslble corrective measure., tha statute Is silent. <br /> <br />A Texas undergnound water conservation district may provide for the <br />regulation of pnoductlon of water from nonexempted wells In order to <br />minimize so far as practicable drawdown of the water table or reduction <br />of artesian pressure, or to prevent waste. <br /> <br />. 12 . <br />
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