DWR_3555889 - Laserfiche WebLink

available to support a different annual appropriation. Several parties criticized this asSUNIPLion ern two primary grounds, f irst, there was testimony that some wells operated at their maximum pumping rate on a close to continuous basis; second, absent a volumetric limitation in the decree or well permit, withdrawals by a well could, legally, be increased up to the maximum pumping rate year-round. These parties suggested that the rule assume the maximum legal annual withdrawals for a well . The State Engineer found this reasoning persuasive and adopted the proposed definition submitted by the City of Arvada, et a] . , as modified to include a limitation based upon the statement of beneficial use, as suggested by Park Funding Corp. , et al . Rule 4.A.5) is self-explanatory. Rule 4.A.6) defines "contiguous parcel . " This definition was clarified by reference to the "overlying land," a term defined in Rule 4.A.8) . In evaluating applications for permits submitted pursuant to Section 37-90-137(4), C.R.S. , contiguous parcels are treated as one parcel of land. Rule 4 .7) defines the method used to calculate a "cylinder of appropriation. " The definition is necessary to implement a procedure that recognizes the existence of wells as described in Section 37-90-137(5), C.R.S. These wells were decreed or permitted prior to the original enactment of Section 37-90-137(4), C.R.S. (S.B. 213) in 1973. In order to effectuate the legislative directive of Section 37-90-137(4) (b) (1 ), C.R.S. to issue permits to allow withdrawals on the basis of an aquifer life of one hundred years, withdrawals by these permitted or decreed "pre-213 Wells" must be recognized. The calculation of a hypothetical cylinder of -appropriation, wh-ich approximates the _:effect of the pumping-,off-these. wells on an aquifer, has been the traditional method of recognizing withdrawals by "pre-213 wells. " It has been utilized in the permitting procedures of the State Engineer for approximately ten years and accepted in numerous decrees issued by the water courts. The method consists of centering an appropriately sized cylinder of appropriation at the location of a, "pre-213 well . " Any overlapping area between the cylinder and the overlying land is subtracted from the claimed area of overlying land. In effect, this reserves the water beneath the area within the cylinder of appro,priation to be used by the "pre-213 well . " The State Engineer recognizes that as a' result of pumping a ""pre-213 well ," the water table , may decline outside the cylinder of appropriation. However, varying aquifer conditions make it impractical to calculate the extent and amount of these withdrawals on a case-by-case basis . Thus, the cylinder of appropriation method has been chosen because it may be uniformly applied and, in the State Engineer' s judgment, is the best alternative. The definition was restated slightly to clarify it.