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The State Engineer's finding is based primarily upon testimonial evidence regarding <br /> an analysis performed by Phillippe Martin, P.G., C.P.G., and Jacob Bauer of Martin <br /> and Wood Water Consultants using the Glover-Balmer method for purposes of <br /> determining the timing of depletions to stream flow resulting from withdrawal of <br /> ground water from the Neslen Formation within this delineated area. The State <br /> Engineer finds that this testimony, as well as the additional evidence in the record, <br /> provides clear and convincing evidence that the rules identify nontributary areas in a <br /> manner that is consistent with C.R.S. § 37-90-103(10.5), and, therefore, provides a <br /> useful tool for the State Engineer's administration and permitting of ground water <br /> wells pursuant to C.R.S. § 37-90-137(7) within the delineated area. <br /> First, for reasons stated in the discussion of the Rule for the Piceance Basin— <br /> Mesaverde Formation, the State Engineer finds the Glover-Balmer method is an <br /> appropriate method for determining the timing of depletions to stream flow for <br /> purposes of C.R.S. §§ 37-90-103(10.5) and 37-90-137(7). <br /> Second, the State Engineer finds the inputs to the Glover-Balmer method to be <br /> appropriate. The State Engineer finds the storativity values relied upon by Messrs. <br /> Bauer and Martin are reasonable. The permeability values relied upon by Messrs. <br /> Bauer and Martin were based upon site-specific data based upon injection fall-off <br /> tests. These values are generally consistent with, and indeed slightly higher, and thus <br /> more conservative than the values commonly presented in the literature. The State <br /> Engineer finds use of this independent, site-specific data within a conservative <br /> Glover-Balmer analysis convincing evidence that the rule identifies nontributary areas <br /> in a manner consistent with C.R.S. § 37-90-103(10.5). <br /> Certain parties commented with respect to whether the proposed rule utilized <br /> appropriate values for the distance from the pumping well to the nearest potential <br /> point at which depletions could occur. These parties questioned whether the rules <br /> should consider all intermittent and ephemeral streams, as well as all perennial <br /> streams, as points of depletion to a"natural stream" for purposes of the definition of <br /> nontributary water at C.R.S. § 37-90-103(1.0.5). Specifically, these parties questioned <br /> whether Messrs. Martin and Bauer should have modeled depletions to West Douglas <br /> Creek and West Salt Creek, two intermittent or ephemeral streams that cross the <br /> outcrop of the Neslen Formation within the study area, as points of depletion to a <br /> "natural stream." The State Engineer believes it is unnecessary to determine whether <br /> modeling to these intermittent or ephemeral streams is appropriate,because the final <br /> version of the rule considers the section of West Salt Creek that crosses the Neslen <br /> Formation outcrop to be a point of depletion to a natural stream. In addition, Mr. <br /> Martin and Mr. Hal Macartney provided clear and convincing evidence that geologic <br /> faulting has created a hydraulic disconnect between much of the Neslen. Formation <br /> and the Neslen Formation in the vicinity of where West Douglas Creek crosses the <br /> Neslen. Outcrop. The final version of the rule has been adjusted to reflect this <br /> Produced Nontributary Ground Water Rules 2 CCR 402-17, Statement of Basis and Purpose <br /> -16- <br />