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III IIIIIIIIIIIII III STATE OF COLORADO OFFIOE OF THE STATE ENGINEER DiNSion of Water Resources Department of Natural Resources 11115frcrman Street, Room 818 Denver, Colorado 80203 Phone (3031866-3581 fN(11031 866-3 5 89 March 13, 1995 POLICY MEMORANDUM 95-4 SUBJECT: Late Recording of Exempt Weils pursuant to 37-92-602(5) ,c • tsvc Rq Romer Goanar lames 5. Lachhead Eaesvrise Oiretta Hal D. Simpson Sate Engineer This policy becomes effective immediately and shall be modified or revoked only in writing. In regard to applications for late recording of wells under the provision of 37-9202(5) that fall within one or both of the crfteria set forth below, the evaluation staff of the Division of Water Resources shall presume that the rights to such late recording of the wells or a portion of the uses of the wells have been forfeited or abandoned. The application shall be either denied or the permit limited to those uses that have continuously occurred to within ten years of the date that the applicant seeks to late record the well whichever is appropriate. The evidence indicates that the well has not been used for a period of at least ten years, or that a portion of the claimed uses have not been in place for a period of at least ten years. 2. The evidence indicates that the structure has not been operational or existed for a period of at least ten years. Any denial or permit limited under this policy shall be accompanied by a cover letter advising the applicant of the denial or limitation and indicating that they can appeal such denial or limitations under the provision of the administrative procedures act. Such Over letter shall also advise the applicant 'rf there may be conditions under which a new well permit could be granted. Hal Simpson State Engineer s:\common`Irpolicy. spl