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<br />E. Any nontributarv groundwater allocation scheme must recogn1ze <br />that no groundwater 1s totally nontr1butary. <br /> <br />It 1s an hydrolog1cal fact that no aquifer 1s purely <br />nontr1butary, such that 1t can neither be affected by surface <br />water use, nor its use affect surface water. The effects, <br />however, are often distant in time or 10cat1on or are <br />1nsign1f1cant in quantity. When there is an apprec~Jble effect <br />on surface water supp11es the rights of persons under the <br />appropriation system may be affected. <br /> <br />f. W1thdrawals of nontributary groundwater that affect the stream <br />should be compensated. <br /> <br />Well pumping often results 1n w1thdrawal of a comb1nation <br />of tr1butary and nontr1butary groundwater. A good groundwater <br />allocation scheme can allow management of predom1nately <br />nontr1butary groundwater consistent w1th protect10n of r1ghts <br />1n surface streams and tr1butary groundwater. A requ1rement of <br />augmentat10n of affected surface sources should be 1mposed. <br /> <br />G. Uses and r1qhts estab11shed under ex1sting qroundwater laws <br />should be respected and preserved to the extent poss1ble, <br />cons1der1ng the f1n1te nature of the resource. <br /> <br />Many uses of nontr1butary groundwater have been estab11shed <br />based on early (pre-1957) Colorado law, under the 1957 Act, <br />under the Groundwater Management Act of 1965, and under Senate <br />8111 213. Many people now have equ1ties and expectat10ns and <br />certa1n statutory rights to withdraw water. A comprehens1ve <br />nontr1butary groundwater law should m1n1m1ze 1nterference w1th <br />estab11shed uses under such laws. However, do1ng so w1ll not <br /> <br />-13- <br />