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Statement of Basis, Statutory Authority, and Purpose Page 4 of 5 <br /> Amendment of Designated Basin Rules 4.2.8, 5.3.9, 5.11.5, 5.11.6.B, 7.5, 7.11 and 14 <br /> September 30, 2022 <br /> operations on a year-to-year basis, and new Rule 7.5.6.2 was added to explain <br /> the conditions that apply when a right is operated under the original permit, <br /> unless the change providing for an increase in permitted irrigated acreage <br /> contains express conditions to the contrary. <br /> 7.11 To remove Rule 7.11.3's cross-reference to operation of an irrigation well <br /> under Rule 7.5.6 <br /> Reason for the Change: <br /> • As the purpose of Rule 7.11.3 is to reference operation of a well under Rule <br /> 7.5.6, and Rule 7.5.6 is being eliminated, Rule 7.11.3 should also be removed. <br /> • Consistent with Rule 3.7, which states "[t]he Rules are not intended to change <br /> any terms or conditions of any permits already issued or of any approvals <br /> already granted", and Rule 7.1.1, which states "[t]his rule applies to all Changes <br /> of Water Rights to designated ground water to be processed pursuant to Section <br /> 37-90-111(1)(g), C.R.S.", this amendment of Rule 7.11.3 does not remove or <br /> change the administration of three-year modified banking as set forth in any <br /> previously approved change of water right for an increase in permitted irrigated <br /> acreage, that was approved in accordance with the Rules existing at the time of <br /> the previously-approved change of water right. <br /> • The rules following Rule 7.11.3 are re-numbered to accommodate the removal of <br /> Rule 7.11.3. <br /> 14 To add the date this re-amendment of the rules becomes effective <br /> • Adding the date this re-amendment of the rules becomes effective keeps the <br /> list of dates the rules were re-amended up to date. <br /> II. SPECIFIC STATUTORY AUTHORITY <br /> A. Basis and Relevant Provisions of Statute and Rule <br /> • The Commission is empowered under sections 37-90-107(1) through (8), <br /> C.R.S., to issue well permits to appropriate groundwater for a beneficial use in <br /> a designated groundwater basin. <br /> • The Commission is empowered under section 37-90-107(7), C.R.S., to allocate <br /> groundwater contained in the Dawson, Denver, Arapahoe, or Laramie-Fox Hills <br /> aquifers. <br /> • The Commission is empowered under section 37-90-108, C.R.S., to issue final <br /> permits to use designated groundwater. <br /> • The Commission is empowered under section 37-90-109, C.R.S., to establish <br /> priorities of claims for the appropriation of designated ground water. <br /> • The Commission is empowered under section 37-90-111(1), C.R.S., to: (a) <br /> supervise and control the exercise and administration of all rights acquired to <br /> the use of designated groundwater; (b) establish a reasonable groundwater <br /> pumping level in an area having a common designated groundwater supply; (c) <br /> issue permits for the construction of replacement wells; (d) in exercising any of <br /> the powers or duties conferred by this section, to confer and consult with the <br /> board of directors of the ground water management district board before <br /> promulgating any orders or regulations which would affect the district in <br /> general; (e) order the total or partial discontinuance of any diversion within a <br /> groundwater basin to the extent the water being diverted is not necessary for <br />