Laserfiche WebLink
In summary, the State Engineer finds the NSJB finite difference models to be well- <br /> conceived and consistent with the known geologic/hydrogeologic framework of the <br /> San Juan Basin. The inputs to the NSJB numerical models are supported by the <br /> literature and by site specific measurements. All inputs to the models are within the <br /> expected range. The models have undergone appropriate peer review. No aspects of <br /> the models 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 thus finds there to be 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 convincing evidence supporting his adoption of rules identifying water withdrawn 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 <br /> Formations within certain delineated areas within the Northern San Juan 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 /> Rules for Denver-Julesburg Basin Formations. The State Engineer finds there is clear <br /> and convincing evidence supporting his adoption of rules identifying water withdrawn <br /> from the Parkman, Sussex, and Shannon Members of the Pierre Shale Formation, the <br /> Lower Pierre Shale Formation, the Niobrara Formation, the Carlile Formation, the <br /> Greenhorn Formation, the Graneros Formation, the Dakota Group, and the Lyons <br /> Formation (the "subject formations"), within certain delineated areas of the geologic <br /> formation know as the Denver-Julesburg Basin in northeastern Colorado, to be <br /> nontributary for purposes of his administration and permitting of wells pursuant to <br /> C.R.S. § 37-90-137(7). <br /> The State Engineer's finding is based primarily upon testimonial evidence from <br /> Robert J. Weimer Ph.D., P.E., C.P.G., a highly credentialed geologist with extensive <br /> experience and demonstrated expertise with respect to the geologic structure of the <br /> Denver-Julesburg formation. The State Engineer's finding is also based upon written <br /> testimony from David T. Snow, Ph.D., P.E., a credentialed and experienced <br /> hydrogeologist, and upon other evidence in the record. The State Engineer finds that <br /> the testimony of Drs. Weimer and Snow's conclusively established that geologic <br /> faulting has created a substantial lithologic discontinuity or structural separation. <br /> between the delineated nontributary area and the outcrop for the subject formations. <br /> This structural separation runs parallel to the outcrop for the subject formations from <br /> Colorado Springs to the Wyoming border, and is of sufficient magnitude to <br /> hydraulically disconnect the subject formations within the delineated nontributary <br /> area from the formation outcrop areas, thus severing any hydraulic connection <br /> between the nontributary areas and any surface stream. <br /> Dr. Weimer's testimony is based upon his academic achievements and expertise in <br /> studying geologic formations generally, and years of experience studying and <br /> performing field work specifically within the Denver-Julesburg Basin. Dr. Weimer's <br /> testimony also is based upon his review and interpretation of the applicable literature <br /> and geologic studies of the basin, including a 1988 study by Kenneth Belitz and John <br /> Produced Nontributary Ground Water Rules 2 CCR 402-17, Statement of Basis and Purpose <br /> -29- <br />