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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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provide flexibility in determining the amount of ground water available <br /> for withdrawal in circumstances to which this formula does riot apply. <br /> Rule 8.C. sets forth how the area of overlying land (in acres) will be <br /> reduced if there are existing decreed or permitted wells meeting the <br /> requirements of Section 37-90-137(5) , C.R.S. which have cylinders of <br /> appropriation that overlap the overlying land. These existing wells are <br /> entitled to continue to pump; thus, their annual appropriation must be <br /> considered in determining how much water is available for withdrawal by <br /> new applications. (See Statement of Purpose of Rule 4.A.7)). The <br /> cylinder of appropriation (as defined in Rule 4.A.7) ) is a method which <br /> assigns an area of land to each of the wells covered by Section <br /> 37-90-137(5) , C.R.S. , beneath which there is a volume of water equivalent- <br /> to 100 times its annual appropriation (as defined by Rule 4. .4) ) ® This <br /> method has been used by the State Engineer for approximately ten years and <br /> has been incorporated in decrees entered by the water courts. The amount <br /> of reduction in the area of overlying land must be the sum of the <br /> overlapping area of each cylinder of appropriation which overlaps the <br /> claimed overlying land. <br /> Sorge of the existing wells covered by Section 37-90-137(5), C.R.S. are <br /> constructed- o- as to only partially penetrate the producing aquifer. <br /> Rule 8.C.1 ) states that for partially penetrating wells the cylinder of <br /> appropr-iat,ion,,--,wi1,1'l--be.----,calculated- -- assuming - that -the well , is., full. <br /> penetrating.; replacement: permit rtia ne <br /> allow the well to be deepened as long as the replacement well was limited <br /> to production from the original aquifer; thus, calculation of an annual <br /> appropriation assuming a fully penetrating well is justified. <br /> Rule 8.C.2) addresses procedures for calculating the cylinders of <br /> appropriation where the existing well produces water from more than one <br /> aquifer. The reason for neeoing to calculate a cylinder of appropriation <br /> is the same for a, -multiple-aquifer well as for a single-aquifer well . if <br /> data are not available on how much water is produced from each aquifer, an <br /> assumption of equally divided production will be made. Information on the <br /> amount of perforations in each aquifer, the amount of saturated aquifer <br /> materials in each aqUifer, or the amount of saturated aquifer materials in <br /> each aquifer connected by gravel pack are examples of oata tnat could be <br /> tn of production from each aquifer. <br /> used to develop a non-equal allocaLio <br /> Rule S.C.3) specifies that if t h e specific yield of an existing well is <br /> not stated in a decree, it shall be assumed to be the same as that used in <br /> the evaluation of the application. Because the existing well is already <br /> constructed, it will not be possible to obtain site specific data and, <br /> thus, the best estimate for the appropriate specific yield is the value <br /> being used in evaluating the application. <br />
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