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natural stream within the calculated offset area. In this instance, there were no <br /> perennial, intermittent, or ephemeral streams located within the offset area. <br /> Accordingly, the analysis convincingly demonstrated the proposed area to be <br /> nontributary regardless of whether intermittent and ephemeral streams are considered <br /> points of depletion to a "natural stream." <br /> These parties also specifically questioned whether Vermillion Creek should be <br /> considered a point of depletion for ground water withdrawals. These parties noted <br /> that Vermillion Creek crosses an outcrop area for the Frontier Formation, Mowry <br /> Shale, and Dakota Sandstone approximately six miles south of the delineated area. <br /> However, there was clear and convincing evidence presented that this outcrop area <br /> lies south of the Uinta-Sparks fault system that separates the producing formations for <br /> the Frontier Formation, Mowry Shale, and Dakota Sandstone within the delineated <br /> area from the mapped outcrops for these formations. Further, there was clear and <br /> convincing evidence presented that Vermillion Creek need not be considered a point <br /> of depletion provided the rule specifically limited the delineated nontributary area to <br /> the producing formations for the Frontier Formation, Mowry Shale, and Dakota <br /> Sandstone located in the downthrown fault block lying beneath the Uinta-Sparks fault <br /> system, and excluded from the delineated nontributary area the noted outcrops for <br /> these formations located in the upthrown fault block lying above the Uinta-Sparks <br /> fault system. The State Engineer has so limited the final rule. <br /> The State Engineer's finding is also based upon testimonial evidence from Mr. Martin <br /> and Brent Greenhalgh, M.S. demonstrating that the delineated area is disconnected <br /> from the surface water system by a lithologic discontinuity or structural separation. <br /> Specifically, the State Engineer finds that the depth of the formations at issue, minimal <br /> and declining water production from wells drilled into these formations, and geologic <br /> structural, stratigraphic and lithofacies change data provides clear and convincing <br /> evidence that these formations are disconnected from Colorado's surface water system. <br /> In summary, the inputs to the Glover-Balmer and geologic analyses are appropriate <br /> and based upon site specific data. All inputs to the model are within the expected <br /> range. No aspects of the analyses are indicative of errors that would cause <br /> meaningful error in the proposed lines derived from the model delineating the <br /> division between tributary and nontributary ground water. Accordingly, the State <br /> Engineer finds the geologic and Glover-Balmer analyses provide clear and convincing <br /> evidence in support of the State Engineer's adoption of rules identifying water <br /> withdrawn from the Fort Union Formation, Lance Formation, Lewis Shale, <br /> Mesaverde Group, Baxter Shale, Frontier Formation, Mowry Shale, Dakota <br /> Sandstone, Nugget Sandstone and the Hiawatha Member of the main body of the <br /> Wasatch Formation, within the delineated area of the Sand Wash Basin to be <br /> nontributary for purposes of his administration and permitting of wells pursuant to <br /> C.R.S. § 37-90-137(7). <br /> Produced Nontributary Ground water Rules 2 CCR 402-17, Statement of Basis and Purpose <br /> -20- <br />