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values. Moreover, because of the discontinuous nature of the formations, it is likely <br /> that the measured permeability values significantly overestimate the actual formation <br /> permeability along any ground water flow path. <br /> Certain parties also argued that the permeability values may vary between the deeper <br /> portions of the formation and the portions of the formation located at or near the <br /> formation outcrops. The State Engineer finds that this concern does not cast doubt <br /> upon the accuracy of the analyses. The testimony demonstrated that the permeability <br /> numbers from the shallower and thus potentially more permeable portions of the <br /> formation were given greater weight in the analysis than the deeper and potentially <br /> less permeable areas. Moreover, any concern that the permeability values might vary <br /> greatly near the outcrop area were largely addressed by the fact that the proposed rule <br /> offsets the nontributary line by a constant distance from the outcrop areas. <br /> Certain parties commented with respect to whether the proposed rules utilized <br /> appropriate values for the distance from the pumping well to the nearest potential <br /> point at which depletions could occur. Specifically, these parties questioned whether <br /> the rules should consider all intermittent and ephemeral streams, as well as all <br /> perennial streams, as points of depletion to a "natural stream" for purposes of the <br /> definition of nontributary water at C.R.S. § 37-90-103(10.5). The State Engineer <br /> does not need to reach this issue with respect to these rules,because as a result of an <br /> adjustment to the proposed rule, the entire outcrop area for each of the formations at <br /> issue were considered points of depletion, regardless as to whether the outcrop areas <br /> were crossed by ephemeral, intermittent, or perennial streams. Accordingly, the <br /> analysis convincingly demonstrated the proposed areas to be nontributary regardless <br /> of whether intermittent and ephemeral streams are considered points of depletion to a <br /> "natural stream." <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 /> lines derived from the model demarking the division between tributary and <br /> nontributary ground water. The State Engineer finds the geologic and Glover-Balmer <br /> analyses to provide clear and convincing evidence in support of the State Engineer's <br /> adoption of rules identifying water withdrawn from the Mancos, Dakota, and <br /> Morrison Formations, within certain delineated areas of the Piceance Basin in Rio <br /> Blanco, Garfield, Mesa, Delta, and Pitkin Counties, Colorado, to be nontributary for <br /> purposes of his administration and permitting of wells pursuant to C.R.S. § 37-90- <br /> 137(7). <br /> Rule for Northern San Juan Basin—Pictured Cliff Cliff House Menefee Point <br /> Lookout and Dakota Formations. The State Engineer finds there is clear and <br /> convincing evidence supporting his adoption of rules identifying water withdrawn <br /> from the Pictured Cliff, Cliff House, Menefee, Point Lookout, and Dakota Formations <br /> Produced Nontributary Ground water Rules 2 CCR 402-17, Statement of Basis and Purpose <br /> -26- <br />