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Statement of Basis, Statutory Authority, and Purpose Page 2 of 5 <br /> Amendment of Designated Basin Rules 4.2.8, 5.3.9, 5.11.5, 5.11.6.6, 7.5, 7.11 and 14 <br /> September 30, 2022 <br /> o Secondly, by providing notice to all parties on the Designated Basins <br /> Publications Notification List maintained by the Division of Water <br /> Resources. This adopts the same method of public notice that is <br /> required for such facilities outside of Designated Basins by section 37- <br /> 92-602(8)(d), and recognizes that there are people who may rely on this <br /> method of notification . <br /> • The current rule requires the Commission to publish notices of the structures in <br /> newspapers. Structures that attenuate storm water runoff from developed <br /> areas are commonplace and many, if not most, such structures could be <br /> considered or expected to fall under Rule 5.11. The additional workload on <br /> Commission staff that could result from processing and publishing large <br /> numbers of notices would be overwhelming. The change eliminates that <br /> potential workload. <br /> 5.11.6.E To correct the existing rule's cross-reference to the rule that addresses the <br /> rebuttable presumption that a storm water detention and infiltration facility <br /> constructed after January 14, 2020 in compliance with Rules 5.11.1 and 5.11.3 does <br /> not cause material injury to vested water rights. <br /> Reason for the Change: <br /> • Rule 5.11.6.E of the rules as re-amended on January 14, 2020 incorrectly <br /> referenced Rule 5.11.5 as the rule that addresses the rebuttable presumption <br /> that a storm water detention and infiltration facility constructed after January <br /> 14, 2020 in compliance with Rules 5.11.1 and 5.11.3 does not cause material <br /> injury to vested water rights, when it should have referenced Rule 5.11.6. The <br /> change corrects that error. <br /> 7.5 To remove the ability of a water right changed to increase the permitted <br /> irrigated acres after this amendment of Rule 7.5 from operating that right under the <br /> water right's terms as they existed prior to the change. <br /> Reasons for the Change: <br /> • Evaluation standards for all permanent changes of water rights listed in the <br /> Rules require a historical use analysis of the right.' <br /> • While Rule 7.5 requires a change of water right for an increase in permitted <br /> irrigated acres to undergo a historical use analysis, consisting of an evaluation of <br /> the historical withdrawal and depletion under the provisions of Rule 7.10, Rules <br /> 7.5.4 and 7.5.6 allow the changed right to operate under the terms of the right as <br /> the right existed prior to the change. <br /> • The Commission staff is concerned that because the historical use of most water <br /> rights is less than the permitted use, allowing the changed right to operate under <br /> 'Consisting of:A Change of Description of Irrigated Acres(Rule 7.4);An Increase in Permitted Irrigated <br /> Acreage(Rule 7.5); Commingling(Rule 7.6);A Change of Type of Use, or a Change in Place of Use Other than <br /> a Change of Description of Irrigated Acres under Rule 7.4(Rule7.7);A Change of Annual Volume of <br /> Appropriation (Rule 7.8);An Increase in Pumping Rate in GPM (Rule 7.9);Alternate Point of Diversion Wells <br /> and Supplemental Wells (Rule 7.12). <br />