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Appendix 13 • <br />. ~ III IIIlilliillliili <br />999 <br />OFflCE OF THE STATE ENGINEER <br />Division of Water Resources <br />Department o(Natural Resources <br />1713 Sherman Slree4 Room 818 <br />Derner. Colorado 80207 <br />Phone (3071866-3581 <br />fAX (7031866-3589 <br /> <br />STATE OF COLORADO <br />March 73, 1995 <br />POLICY MEMORANDUM 95-4 <br />SUBJECT: Late Recording of Exempt Wells pursuant to 37-92-602(5) <br />~~ ~ ~~ <br />•' retc <br />Ray Romer <br />Go~ema <br />lama S. LocfiMad <br />Eaeanic DirMOr <br />Hal D. Simeon <br />Suie Engineer <br />This policy becomes effective immediately and shall be modified or revoked only in writing. <br />In regard to applications for late recording of wells under the provision of 37-9202(5) that fall <br />within one or both of the criteria set forth below, the evaluation staff 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 welts have been forfeited or abandoned. The application shall be either denied or <br />the permit limited to those uses that have continuously occurred to within ten years of the date <br />that the applicant seeks to late record the well whichever is appropriate. <br />The evidence indicates that the well has not been used for a period of at least ten <br />years, or that a portion of the claimed 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 />period of at least ten years. <br />Any denial or permit limited under this policy shall be accompanied by a cover letter advising the <br />applitxnt 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:\common\Irpolicy.spl <br />