HYDRO28293

• Permit No: M1977534
• IBM Index Class Name: Hydrology
• Doc Name: CONCERNING THE REQUIREMENT FOR THE AUGMENTATION OF WATER IN CONNECTION WITH THE EXTRACTION OF SAND A
• Media Type: D
• Archive: No

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from evaporation exempted in this subsection (12) or otherwise
replace water for increased calls which may result therefrom..
(...
SECTION :6: 37-92-SOZ (2), Colorado .Revised~Statutes', as
amended, ~.1 s amended to read: - • - ~~" ~ ~ ~. , `. `. ! '' - •'~ ~ •' ~ .`...
37-92-502:Orders as to waste ~diversions~.distrlbution~•
of water. (2) (a Each division engineer shall order the
total or~'partial discontinuance -of any diversion in his
division to the extent THAT the water being 'diverted is not,
necessary for application to a beneficial use; and he shall:
also order the total ; or •partial~ dlscontinuanCe.~ of _: ~~any
diversion in his dlvision to the extent THAT the water-being-
diverted is required by persons entitled to ruse water under
water rights having senior priorities. but no such
discontinuance sha11;.5e•'ordered unless'-the diversion is
causing or .will cause material injury to such .water rights'
having senior priorities. In making his derision as to the
discontinuance .of .a: diversion•tozsatisfy_senior:priorities,
tfie division engineer shall be,governed.~by_:the.•following:-• The'
materiality..tof injury depends:~on ::all;: Pactors:~=which will=
determine•~in. each case the.amaunt.of water. -;such -discontinuance
wi1.l.make available to such senior.prior.ities~at the time, ands
place of :..their need. .:Such factors include .the current and
prospective`volumes•of water..in and tributary,:•to ~ the :stream
from =which the diversion is being .made; .distance.-and type of
stream:bed: betweens~the diversion points;»: the :.~-var.,ious _
velocities ,of--this water, both -surf ace~and underground; the.
probable duration.of.;the:available-flow; and :,the T:predictable - I
return f1ow~~to the affected stream.' Each diversion shall, be .
evaluated and administered on the basis of - the circumstances
relating to :it.~.and. yin- accordance .::with. provisions of..this
article and the court decrees' adjudicating=rand.- confirming
water rights. In the event THAT a discontinuance has been~•
ordered pursuant to the €e~egs~Ag PROVISIONS OF THIS PARAGRAPH
(a), and nevertheless such .OISCONTINUANCE~does not cause water
to:become available to~such~senior.~priorities at the .time ~•and-
place:-of,:their need,'then such discontinuance order: shall be.
rescinded.~.:If a_well;has been approved as an alternate means
of ;-diversion .:for, a water right for which.a surface means of
diversion ,is :decreed,_such weil,and such .surf ace means must be .
utilized to the extent feasible and -permissible under .this
article to -satisfy.said water. right before diversions.under
junior water rights are ordered discontinued.:In addition to
any_.other methods of, giving notice, the posting of a~written
order, in .plain sight,• at the place of ;di.version shall be
considered Sufficient notice of the .order of the division
engineer; and, when so posted, such order shall be effective..
from the time of posting.
(b) IF ANY GROUND WATER WAS EXPOSED TO THE ATMOSPHERE IN
CONNECTION ;WITH THE, .EXTRACTION OF ,SAND AND GRAVEL BY-OPEN
PAGE 6-SENATE BILL N0. 120