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Applicant: Robinson Brick Company <br />Aquifer: Lower Dawson <br />Determination No.: 1029 -BD <br />1 111111 11111111111 HIM 11111111111111111111 HIM 11111111 <br />484277 04/20/2007 02:38P 8693 P953 FAO <br />2 of 6 R 31.00 D 0.00 Elbert County <br />Page 2 <br />b. The average thickness of the saturated permeable material of the aquifer underlying the <br />land under consideration that could yield a sufficient quantity of water that may be extracted <br />and applied to beneficial use is 40 feet based on evaluation of the geologic log of an existing <br />well, Permit No. 172004, located adjacent to the property. Use of this geologic log <br />constitutes site specific data as provided for by Rule 5.3.4.2 of the Designated Basin Rules. <br />7. At this time, there is no substantial artificial recharge that would affect the aquifer within a <br />one hundred year period. <br />8. Pursuant to Section 37 -90- 107(7), C.R.S., and in accordance with the Designated Basin <br />Rules, the Commission shall allocate ground water in the aquifer based on ownership of the <br />overlying land and an aquifer life of one hundred years. Therefore, the maximum allowed <br />average annual amount of ground water in the aquifer that may be allocated for withdrawal <br />pursuant to the data in the paragraphs above for the 200 acres of overlying land claimed by <br />the applicant is 16.0 acre -feet. Of this amount, only 12.0 acre -feet per year is being allocated <br />pursuant to the applicant's request. <br />9. A review of the records in the Office of the State Engineer has disclosed that none of the <br />water in the aquifer underlying the land claimed by the applicant has been previously <br />allocated or permitted for withdrawal. <br />10. Pursuant to Section 37- 90- 107(7)(c)(III), C.R.S., an approved determination of water right <br />shall be considered a final determination of the amount of ground water so determined; <br />except that the Commission shall retain jurisdiction for subsequent adjustment of such <br />amount to conform to the actual local aquifer characteristics from adequate information <br />obtained from well drilling or test holes. <br />11. The ability of wells permitted to withdraw the authorized amount of water from this <br />non - renewable aquifer may be less than the one hundred years upon which the amount of <br />water in the aquifer is allocated, due to anticipated water level declines. <br />12. In accordance with Rule 5.3.6 of the Designated Basin Rules, it has been determined that <br />withdrawal of ground water from the aquifer underlying the land claimed by the applicant will <br />not, within one hundred years, deplete the flow of a natural steam or its alluvial aquifer at an <br />annual rate greater than one -tenth of one percent of the annual rate of withdrawal and, <br />therefore, the ground water is nontributary ground water as defined in Rule 4.2.19 of the <br />Designated Basin Rules. No more than 98% of the amount of ground water withdrawn <br />annually shall be consumed, as required by the Designated Basin Rules. <br />13. In accordance with Section 37 -90- 107(7), C.R.S., upon Commission approval of a <br />determination of water right, well permits for wells to withdraw the authorized amount of <br />water from the aquifer shall be available upon application, subject to the conditions of this <br />determination and the Designated Basin Rules and subject to approval by the Commission. <br />14. The Commission Staff has evaluated the application relying on the claims to control of the <br />ground water in the aquifer made by the applicant. <br />