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<br />and no material injury to vested water <br />rights wo~%d WILL result from the <br />issuance of said permit. The state <br />engineer may adopt rules and regulations <br />PURSUANT TO ~ 37-92-501 to assist in, <br />but not as a prerequisite to, the <br />granting or denial of permits to con- <br />struct wells and for the administration <br />of this underground water. MATERIAL <br />INJURY WOULD NOT BE CONSIDERED TO RESULT <br />MERELY FROM THE REDUCTION OF PRESSURE <br />LEVEL OR WATER LEVEL IN THE AQUIFER. IN <br />THE EVENT ANY EXISTING MUNICIPAL OR <br />QUASI-MUNICIPAL DISTRICT WATER SUPPLIER <br />HAS AN OBLIGATION TO SERVE WATER TO <br />USERS WITHIN A CERTAIN MUNICIPAL LIMIT <br />OR QUASI-MUNICIPAL DISTRICT BOUNDARY IN <br />EXISTENCE PRIOR TO [THE EFFECTIVE DATE <br />OF THIS ACT], AND INDIVIDUAL WATER USERS <br />ARE PRECLUDED FROM DEVELOPING THEIR OWN <br />SUPPLY FROM NON-TRIBUTARY GROUND WATER, <br />THEN THE OWNERS OF LAND WITHIN THAT <br />MUNICIPAL LIMIT OR DISTRICT BOUNDARY <br />SHALL BE DEEMED TO HAVE CONSENTED TO THE <br />APPROPRIATION OF GROUND WATER UNDERLYING <br />THEIR LAND. <br /> <br />4. Repeal Section 37-90-137(6). (The material in this <br />section is replaced in other sections.) <br /> <br />5. Add a new Section (6) as follows: <br /> <br />l~ CASES SUCH AS DEWATERING OF GEOLOGIC <br />FORMATIONS TO FACILITATE MINING, WHICH <br />REQUIRE THE ALLOCATION OF THE ASSQMED <br />100 YEAR MINIMUM LIFE ON A NON-UNIFORM <br />BASIS, THE STATE ENGINEER MAY ALLOW <br />GREATER RATES OF WITHDRAWAL SO LONG AS <br />THERE EXISTS ADEQUATE PROTECTION IN THE <br />FORM OF COVENANTS, BOND OR THE LIKE TO <br />ASSURE THE OVERALL MINIMUM USEFUL <br />AQUIFER LIFE OF 100 YEARS IS MAINTAINED <br />IN THE OTHER REGIONS OF THE AQUIFER AND <br />SO LONG AS THE OTHER REQUIREMENTS OF <br />SUBSECT~ON (4) ARE MAINTAINED. <br /> <br />6. All of Section 37-90-137 as amended and all of Section <br />37-90-138 shall be relocated from Article 90 and re-enacted as <br />Section 37-92-701. <br /> <br />-3- <br />