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<br />a T ~ Appendix B <br />OfT(CE Of THE STATE FNGINEER <br />Division or water Resources <br />Department of Natural Resources <br />1313 SLerman Sheet, Room 818 <br />Oerrvc., C.dondo 80203 <br />Plane ()071866-758[ <br />fN(1301i 866-7589 <br />STATE OF COLORADO <br />March t3, 1995 <br />POUCY MEMORANDUM 954 <br />SUBJECT: Late Recording of Exempt Wells pursuant to 37-92-602(5) <br />retc .. <br />Rpr ffa.t•r <br />Go~e+~w <br />yma S. Locfihead <br />EaeMne Directu <br />Hal D. Sin~pan <br />$w<Endvue. <br />This policy becomes effective immediately and shat) 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 ane 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 wells have been forfeited or abandoned. The application shall be either denied or <br />the permit limited to those uses that have continuously ocwrred to within ten years of the date <br />that the applicant seeks to late record the well whichever is appropriate. <br />1. 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 />a period of at least ten years. <br />Any denial or permk limited under this policy shall be a(xompanied 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 fetter shall also advise the <br />applicant_'rf there may be conditions under which a new well permit could be granted. <br />Hal Simpson <br />State Engineer <br />s:lcommonllrpolity.sp1 <br />