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<br />water under artesian pressure that is or may be extracted and applied <br />to a beneficial use. The Confined Aquifer includes any formation, <br />.group of formations, or part of a formation containing saturated <br />permeable material that yielded water under artesian pressure during <br />the period 1978-2000, whether or not the water level in the formation, <br />group of formations, or part of a formation is under artesian pressure <br />conditions at the time of the proposed new withdrawal of ground water. <br />2. "Confined Aquifer System" means the Confined Aquifer and those <br />areas in Water Division 3 not overlying a confining layer, but which <br />provide inflow to the Confined Aquifer. <br />3. "Well permit application" means an application to construct a well in <br />accordance with the provisions of section 37-90-137, C.R.S. <br />4.. "Nonirrigated native vegetation" means native grasses, sedges, <br />rushes, shrubs, trees, or other plants that rely upon precipitation or <br />shallow ground water for their water supply, including, without <br />limitation, rabbit brush, greasewood, creosote, cottonwoods, and <br />willows. <br />5. "Rio Grande Compact" means the interstate compact between the <br />states of Colorado, New Mexico, and Texas apportioning the waters of <br />the Rio Grande and codified at section 37-66-101, C.R.S. (2003) <br />4 <br />