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hydraulic disconnect. Accordingly, the evidence is convincing that, in the final <br /> version of the rule, all areas that could be hydraulically connected to West Douglas <br /> Creek have been removed from the delineated nontributary area. <br /> In summary, the inputs to the analysis are appropriate and based upon site specific <br /> data. All inputs to the model are within the expected range. No aspects of the <br /> analysis are indicative of errors that would cause meaningful error in the proposed <br /> line derived from the model delineating the division between tributary and <br /> nontributary ground water. The State Engineer finds the Glover-Balmer analysis <br /> performed by Messrs. Bauer and Martin to provide clear and convincing evidence in <br /> support of the State Engineer's adoption of rule identifying water withdrawn from the <br /> Neslen Formation within a delineated area of the Piceance Basin in Garfield and Rio <br /> Blanco, Colorado to be nontributary for purposes of his administration and permitting <br /> of wells pursuant to C.R.S. § 37-90-137(7). <br /> Rules for Paradox Basin—Paradox Formation. The State Engineer finds there is clear <br /> and convincing evidence supporting his adoption of rules identifying water withdrawn <br /> from the Hovenweep Shale, Gothic Shale, and Desert Creek Members of the Paradox <br /> Formation within a delineated area of the geologic formation known as the Paradox <br /> Basin in Mesa, Montrose, San Miguel, Dolores, and Montezuma Counties, Colorado <br /> to be nontributary for purposes of his administration and permitting of wells pursuant <br /> to C.R.S. § 37-90-137(7). <br /> The State Engineer's finding is based upon testimonial evidence regarding an analysis <br /> performed by Gary Witt, P.G. 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 Hovenweep Shale, Gothic Shale, and Desert Creek Members <br /> of the Paradox Formation within the delineated area. The State Engineer finds that <br /> this testimony, as well as the additional evidence in the record,provides clear and <br /> convincing evidence that the rules identify nontributary areas in manner that is <br /> consistent with C.R.S. § 37-90-103(10.5), and, therefore, provides a useful tool for <br /> the State Engineer's administration and permitting of ground water wells pursuant to <br /> C.R.S. § 37-90-137(7) within the delineated area. <br /> First, for reasons previously stated, the State Engineer finds the Glover-Balmer <br /> method is an appropriate method for determining the timing of depletions to stream <br /> flow for 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 model to be <br /> appropriate. The State Engineer finds the storativity values relied upon by Mr. Witt <br /> are reasonable. Although the permeability values relied upon by Mr. Witt for the <br /> shales were low, these values were based upon site-specific data from 5 wells <br /> completed in the subject shale formations as analyzed by an independent laboratory. <br /> The State Engineer finds these independent, site-specific data to be convincing <br /> Produced Nontributary Ground Water Rules 2 CCR 402-17, Statement of Basis and Purpose <br /> -17- <br />