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<br />CHAPTER 67 <br /> <br />WATER AND IRRIGATION <br /> <br />SENATE BILL 01-044 [Digest] <br /> <br />BY SENATOR(S) Dennis, Arnold, Chlouber, Dyer (Durango), Evans, Gordon, Hagedorn, Hernandez, Phillips, <br />Taylor, and Thiebaut; <br /> <br />also REPRESENTATIVE(S) Snook, Smith, and Young. <br /> <br />AN ACT <br /> <br />CONCERNING THE CONTINUATION OF AN AUGMENTATION REQUIREMENT FOR NEW <br />WITHDRAWALS OF GROUNDWATER AFFECTING THE SAN LUIS V ALLEY CONFINED AQUIFER <br />SYSTEM, <br /> <br />Be it enacted by the General Assembly of the State of Colorado: <br /> <br />SECTION 1. 37-90-102 (3), Colorado Revised Statutes, is amended to read: <br /> <br />37-90-102. Legislative declaration - repeal. (3) (a) The general assembly finds and declares that in <br />water division 3, established pursuant to section 37-92-201 (1) (c), there exists a confined aquifer system <br />underlying portions of the San Luis valley. The hydrOlogic system in water division 3 and, in particular, the <br />hydrology and geology of the shallow aquifer and confined aquifer systems and their relationship to surface <br />streams in water division 3 are unique and are among the most complex in the state, Unless properly <br />augmented, new withdrawals of groundwater affecting the confmed aquifer system can materially injure vested <br />water rights and increase the burden of Colorado's scheduled deliveries under the Rio Grande compact. There is <br />currently insufficient comprehensive data and knowledge of the relationship between the surface streams and <br />the confined aquifer system to permit a full understanding ofthe effect of groundwater withdrawals, affecting <br />the confined aquifer, upon the natural stream and aquifer systems in water division 3, <br /> <br />(b) This subsection (3) is repealed, effective July 1, ~ 2003. <br /> <br />SECTION 2. 37-90.137 (12) (b), COlorado Revised Statutes, is amended to read: <br /> <br />37-90-137. Permits to construct wells outside designated basins - fees - permit no ground water right <br />- evidence - time limitation - well permits - repeal. (12) (b) (I) Any well permit application in water division <br />3 that involves a new withdrawal of groundwater that will affect the rate or direction of movement of water in <br />the confined aquifer system referred to in section 37-90-102 (3) shall be permitted pursuant to a judicially <br />approved plan for augmentation that, in addition to all other lawful requirements for such plans, shall be subject <br />to the requirements of rules for the withdrawal of such groundwater within water division 3 that are <br /> <br />http://www.state.co.us/gov_dir/leg_dir/olls/sI200l/s1.67.HTM <br /> <br />06/05/2002 <br />