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<br />be easy, because of the many d1fferent .classesu of wells <br /> <br />obta1ned under d'fferent statutory schemes, and because many <br />owners of -early. wells expect re11ef when the1r wells go dry. <br /> <br />H. Holders of nontr1butarv groundwater perm1ts should not be <br />ent1tled to a part1cular water level or pressure. <br /> <br />Absolute protect1on of water level or pressure would <br />theoret1cally prevent pump1ng of nontr1butary groundwater by <br />all but the f1rst pumper because any subsequent user would <br />affect the pressure and level 1n the f1rst well. Developers of <br />new wells can ant1c1pate poss1ble effects of future pumping of <br />others 'n dec1d1ng where to locate the1r wells and how deep to <br />dr1ll. The leg1slature can cons1der measures to prevent <br />extraord1nary, unfa1r, econom1c effects on ex1st1ng well users <br />but should not s1gn1f1cantly 1nh1b1t new groundwater <br />development. <br /> <br />I. There are amb1qu1t1es, uncerta'nt'es. and gaps 1n Colorado's <br />nontr1butarv qroundwater law. <br /> <br />Ex1st1ng law says l1ttle about nontr1butary groundwater <br />except 1n des1gnated groundwater bas1ns estab11shed pursuant to <br />the 1965 Groundwater Management Act. The only exp11c1t <br />statutory requ1rement (S.B. 213) outs1de des1gnated groundwater <br />bas1ns 1s that one obta1n a well perm1t that w1ll be granted to <br />an overly1ng landowner or someone w1th the landowner's consent <br />1f there w1ll be no mater1al 1njury to vested r1ghts of others <br />and 1f w1thdrawal w1ll not exhaust the groundwater beneath the <br />landowner's land 1n less than 100 years. There 1s language <br />suggest1ng that nontr1butary groundwater can be appropr1ated. <br />Th1s may g1ve r1se to expectat10ns that nontr1butary wells w1ll <br />be adm1nistered 1n pr'or1ty. As expla'ned 'n II, K below, <br /> <br />-14- <br /> <br />..~ <br />