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1 HIM 111111111111111111111111111111111111111111 <br />484277 04/20/2007 02:38P 8693 P953 FAO <br />3 of 6 R 31.00 D 0.00 Elbert County <br />Applicant: Robinson Brick Company Page 3 <br />Aquifer: Lower Dawson <br />Determination No.: 1029 -BD <br />15. In accordance with Sections 37 -90- 107(7) and 37 -90 -112, C.R.S., the application was <br />published in the Ranchland News newspaper on September 21 and 28, 2006. <br />16. No objections to the determination of water right and proposed allocation of ground water <br />were received within the time limit set by statute. <br />17. In order to prevent unreasonable impairment to the existing water rights of others within the <br />Kiowa -Bijou Designated Ground Water Basin it is necessary to impose conditions on the <br />determination of water right and proposed allocation of ground water. Under conditions as <br />stated in the following Order, no unreasonable impairment of existing water rights will occur <br />from approval of this determination of water right or from the issuance of well permits for <br />wells to withdraw the authorized amount of allocated ground water from the aquifer. <br />ORDER <br />In accordance with Section 37 -90- 107(7), C.R.S., and the Designated Basin Rules, the <br />Colorado Ground Water Commission orders that the application for determination of rights to <br />designated ground water in the Lower Dawson Aquifer underlying 200 acres of land, generally <br />described as the E1/2 of the NW1 /4, the W1/2 of the NE1 /4, and the W1/2 of the E1/2 of the <br />NE1 /4 of Section 31, Township 6 South, Range 63 West of the 6th Principal Meridian, is <br />approved subject to the following conditions: <br />18. The allowed average annual amount of withdrawal of ground water from the aquifer shall not <br />exceed 12.0 acre -feet. The allowed maximum annual amount of withdrawal may exceed the <br />allowed average annual amount of withdrawal as long as the total volume of water withdrawn <br />does not exceed the product of the number of years since the date of approval of this <br />determination times the allowed average annual amount of withdrawal. <br />19. To conform to actual aquifer characteristics, the Commission may adjust the allowed average <br />annual amount of ground water to be withdrawn from the aquifer based on analysis of <br />geophysical logs or other site - specific data if such analysis indicates that the initial estimate <br />of the volume of water in the aquifer was incorrect. <br />20. The applicant may pump the allowed average annual amount of withdrawal and the allowed <br />maximum annual amount of withdrawal from one or more wells of a well field in any <br />combination, so long as the total combined withdrawal of the wells does not exceed the <br />amounts described in this Order. <br />21. No more than 98% of the ground water withdrawn annually shall be consumed. The <br />Commission may require well owners to demonstrate periodically that no more than 98% of <br />the water withdrawn is being consumed. <br />22. The use of ground water from this allocation shall be limited to the following beneficial uses: <br />evaporative losses and industrial use. The place of use shall be limited to the above <br />described 200 acre land area. <br />