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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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Rule 4.A.8) defines "overlying land, " which is a terra used to identify <br /> the lands described in Section 37-90-137(4) (b)(II) , C.R.S. The definition <br /> was changed to make it clear that the applicant can decide what land to <br /> specify in a permit application. <br /> Rule 4.A.9) is self-explanatory, <br /> The definition of "saturated aquifer riater i a 1 (s)° in Rule 4.A.10) <br /> applies to aquifer materials which may store and transmit water, <br /> including, but not limited to, fractured rock, sandstone and limestone. <br /> The term "saturated sands" was changed to " saturated, aquifer material (s)" <br /> based on the suggestion of several parties that the more inclusive term <br /> better reflected the intent of the State Engineer. The phrase "in usable <br /> amounts" was deleted -from the definition after numerous parties pointed <br /> out that it was an ambiguous term that only served to create uncertainty. <br /> The phrase "and placed to beneficial use" was substituted. <br /> Rule, 4.A.11) is self-explanatory. <br /> Rule 4.A.12) is self-explanatory. <br /> Rule 4.A.13), which defines a "well field, " was changed in two respects <br /> in response to numerous comments. First, the definition now applies to <br /> wells permitted on or after July 6, 1973, instead of the effective date of <br /> these rules. However, it should be noted that in Rule 14 the amount of <br /> water which can be pumped by any well shall not conflict with a prior <br /> decree or permit. Second, the definition was expanded to include wells on <br /> non-contiguous parcels that are permitted together under Rule II .B. <br /> Rules 4.B. and 4.C. are self-explanatory. <br /> Rule 5 <br /> Rule SSA. identifies the specific information required to be submitted <br /> on or with the well permit application. The information specified in <br /> Rules 5.A.2), 4), 5), 6), 7) , 8) , and 9) is required by Section <br /> 37-90-137(1) , C.R.S. , which is made applicable to these permit <br /> applications by Section 37-90-137(4)(a), C.k.S. The information specified <br /> in Rules 5.A.11, 3), 10), and 11 ) is needea by the State Engineer to <br /> L <br /> evaluate and issue or 'deny the permit application pursuant, to the criteria <br /> specified in Section 37-90-137(4) , C.R.S. <br /> Rules 5.A.5) and , 5.A.11 ) have been changed to allow alternative <br /> location descriptions in unsurveyed areas. The requirement in Rule <br /> 5.A.11 ) for the submission clf a map depicting irregularly shaped parcels ' <br /> or exclusions of lands within a parcel is necessary in order for the State <br /> Engineer toadminister the provisions of Section 37-90-137(4), C.R.S. The <br />
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