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DWR_3555889
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DWR_3555889
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Entry Properties
Last modified
12/28/2020 8:51:34 AM
Creation date
1/7/2020 1:15:19 PM
Metadata
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Template:
Rulemaking
Rule Name
Statewide Nontributary Ground Water Rules (2CCR-402-7)
Document Type - Rulemaking
Final Actions
Subject
STATEMENT OF BASIS AND PURPOSE FOR THE ADOPTION OF STATEWIDE NONTRIBUTARY GROUND WATER RULES
Date Effective
3/2/1986
Tags
DWR Re-OCR
Description:
Signifies Re-OCR Process Performed on or after 10/6/2019
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ground water from wells described in Section 37-90-137(4) , C.R.S. more <br /> certain and expeditious. The following is a statement of the specific <br /> purpose of each rule. <br /> Rules I - 2 <br /> The first two rules are introductory in nature and the purposes are <br /> self-evident. <br /> Rule 3 <br /> Rule 3 sets forth the scope and purpose of the Statewide Nontributary <br /> Ground Water Rules. Rule S.D. has been added in response to numerous <br /> comments that the State Engineer should clarify the relationship between <br /> existing water court decrees and these rules. <br /> Rule 4 <br /> Rule 4.A.1 ) defines ar "additional well"` as provided for in Section <br /> 37-90-137(10), C.R.S. The State Engineer anticipates that pumping will <br /> cause artesian heads and water table elevations to decline, resulting in <br /> lower production from existing wells. In order for a permittee to produce <br /> the allowed average annual amount of water from beneath the overlying <br /> land, it will be necessary to have additional wells. The number of wells <br /> will probably have to be increased continuously to maintain the allowed <br /> average annual amount of withdrawal . The additional well will help <br /> maintain the allowed average annual amount of withdrawal originally <br /> permitted or decreed and will not have an independent allowed average <br /> __,_an,n_ua1 amount of witUrawal . , <br /> In response to the comments of Alpert Companies, et al . , the definition <br /> was revised to include previously decreed wells. <br /> Rule 4.A.2) defines "allowed annual amount of withdrawal " as the maximum <br /> amount of water a well may witharaw in a calendar year. <br /> Rule 4.A.3) defines ""allowed average annual amount oil withdrawal" as the <br /> permitted allowed average withdrawal in a calendar year that a well may be <br /> allowed to withdraw, which may be exceeded pursuant to the rules. <br /> Rule 4.A.4) defines "annual appropriation. " If an existing well does <br /> not have either a cecreed or permitted annual appropriation, but there is <br /> a permitted or decreed pumping rate in gallons per minute or cubic feet <br /> per second, a method is neeced to calculate the average annual volume <br /> which will be withdrawn to determine its cylinder of appropriation. The <br /> rule as originally proposed would have assumed that the well operated at <br /> the decreed or permitted rate for two-thirds of the year, unless data were <br /> - ® <br />
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