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i <br /> <br />/ ` a>uJ <br />~~1'11 1"11 <br />~ 999 ~llllll <br />~~~ <br />._ <br />~i `: <br />SENATE BILL N0. 120. <br />BY SENATOR Norton; <br />also REPRESENTATIVES'Foster, Anderson, Masson, Mutzebaugh, and <br />Prinster. ~ ' <br />..: ,: ,,. <br />CONCERNING THE REQUIREMENT, FOR THE AUGMENTATION "OF.' WATER `IN <br />' ;' CONNECTION WITH THE EXTRACTION OF SAND 'AND GRAVEL BY OPEN <br />' - MINING, ..AND MAKING AN,_APPROPRIATION. IN ,CONNECTION <br />. THEREWITH. '__ <br />Be it enacted ~ the General Assembly of the State of Colorado: <br />SECTION~1. Leaislative'declaration:_"It is the intent of <br />the general assembly that nothing in this act shall in any way <br />jeopardize the.abllity of the state of Colorado :to meet ."its <br />full .abligation,.under any Interstate compact or court decree <br />or diminish the quantities of water rightfully belonging to <br />any downstream appropriator within the state of Colorado or <br />any downstream state. <br />~. SECTION 2.` 37-90-137, .Colorado. Revised Statutes, as <br />amended, is amended ..BY THE AOOITION OF A NEW SUBSECTION to <br />read: <br />37-90-137. Permits to construct we77 <br />Basins - Tees - ermit no arouna water ri nt - evidence - time <br />imitation - well permits. 11 a I No person shall, in <br />connection with the extraction of sand and gravel by open <br />mining as defined .in section 34-32-103 (9), C.R.S., expose <br />ground water to the atmosphere unless said person has obtained <br />a well permit .from the state engineer pursuant to this <br />section. A well permit shall be issued upon approval by .the <br />water court of a plan for augmentation or upon approval by the <br />state engineer of a plan of substitute supply; except that no <br />increased reRlacement of water shall be required by the water <br />Court or the state engineer whenever the operator or owner of <br />land being mined has, prior to January '15, 1989. entered into <br />k <br />Capital letters indicate new material added to existing statutes; <br />dashes through words indicate deletions from existing statutes and <br />such material not part of act. <br />~~ <br />