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<br />of a plan for augmentation, or quad- <br />rennial finding of reasonable diligence <br />OR A DETERMINATION OF NON-TRIBUTARY <br />GROUND WATER RIGHTS OUTSIDE A DESIGNATED <br />BASIN shall file with the water cle~k in <br />quadruplicate a verified application <br />setting forth facts supporting the <br />ruling sought, a copy of which shall be <br />sent by the water clerk to the state <br />engineer and the division engineer. <br /> <br />9. Add a new subsection 37-92-305(11): <br /> <br />(11) IN THE DETERMINATION OF RIGHTS TO <br />NON-TRIBUTARY GROUND WATER OUTSIDE A <br />DESIGNATED GROUND WATER BASIN THE <br />STANDARDS OF SECTION 37-92-505(4) AND <br />(5) SHALL APPLY IF THE AQUIFER IS <br />NON-RENEWABLE. PROCEEDINGS FOR SUCH <br />DETERMINATION MAY BE COMMENCED <br />AT ANY TIME AND MAY INCLUDE A DETERMI- <br />NATION OF THE RIGHT TO SUCH WATER FOR <br />EXISTING AND FUTURE USES. DECREES <br />MAKING SUCH DETERMINATIONS FOR FUTURE <br />USES NEED NOT BE CONDITIONAL AND FIND- <br />INGS OF REASONABLE DILIGENCE SHALL NOT <br />BE REQUIRED. CLAIMS PENDING AS OF <br />OCTOBER 11, 1983 WHICH HAVE BEEN PUB- <br />LISHED PURSUANT TO SECTION 37-92-302 IN <br />THE RESUME NEED NOT BE REPUBLISHED. <br />NON-TRIBUTARY GROUND WATER SHALL NOT BE <br />ADMINISTERED IN ACCORDANCE WITH PRIORITY <br />OF APPROPRIATION AND SUCH DETERMINATIONS <br />NEED NOT INCLUDE A DATE OF APPROPRIATION. <br />TO THE EXTENT THAT THE WITHDRAWAL OF <br />GROUND WATER WOULD AFFECT THE FLOW IN A <br />NATURAL STREAM IN AN ANNUAL AMOUNT <br />GREATER THAN ONE PERCENT OF THE MAXIMUM <br />ANNUAL ALLOWABLE WITHDRAWAL HITHIN ONE <br />HUNDRED YEARS, THEN AN AMOUNT OF WATER <br />EQUAL TO THE ENTIRE STREAM EFFECT SHALL <br />BE REPLACED WHERE AND AS NECESSARY TO <br />PREVENT INJURY TO VESTED WATER RIGHTS <br />AND DECREED CONDITIONAL RIGHTS. SO LONG <br />AS SUCH REPLACEMENT IS MADE, THE COURT <br />MAY ENTER AN APPROPRIATE DECREE DETER- <br />MINING THE NON-TRIBUTARY GROUND WATER <br />RIGHTS AND TRIBUTARY WATER RIGHTS, BUT <br />ONLY THAT PORTION DETERMINED AS NON- <br />TRIBUTARY GROUND WATER SHALL BE SUBJECT <br />TO THE PROVISIONS OF SECTION 37-92- <br />701(4). <br /> <br />-5- <br />