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,:: Appendiac K <br />STATE OF COLORADO <br />OFFICE Of THE STATE ENGNEER <br />Division or Water Resources <br />Department or Natural Resources <br />1)71 Sherman Street Room 818 <br />Denver, Cdondo 80201 <br />PMne ()031866•)581 <br />fAx (30)1866-7589 <br />March t 3, 1995 <br />POLICY MEMORANDUM 954 <br />SUBJECT: Late Recording of Exempt Wells pursuant to 37-9202(5) <br />re~c' <br />Rq Ran. <br />Hmn S. tadJrcd <br />E~eMi~e DirMa <br />wi o. s~~ <br />Swe Enginrer <br />This polity becomes effective immediate{y and shall be modified or revoked only in writing. <br />In regard to applications for late recording of wells under the provision of 37-92f02(5) that fall <br />within one or both of the criteria set forth below, the evaluation slat( of the Division of Water <br />Resources shall presume that the rights to such late recording of the wells or a portion of the <br />uses of the wells have been forfeited or abandoned. The application shall be either denied or <br />the permit limited to those uses that have continuously ocwn'ed to within ten years of the date <br />that the applicant seeks to late record the well whichever is approprsate. <br />The evidence indicates that the well has not been used for a period of at least fen <br />years, or that a portion of the chimed uses have not been in place for a period <br />of at least ten years. <br />2 The evidence indicates that the structure has not been operational or existed for <br />a period of at least ten years. <br />Any denial or permit limited under this policy shall be accompanied by a cover fetter advising the <br />applicant of the denial or limitation and indicating that they can appeal such denial or limitations <br />under the provision of the administrative procedures act Such cover letter shall also advise the <br />applicant if there may be conditions under which a new well permit could be granted. <br />Hal Simpson <br />State Engineer <br />s:lcommon\Irpoliry, spl <br />