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DWR_3992986
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Last modified
1/22/2024 3:36:39 PM
Creation date
11/4/2022 9:52:18 AM
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Rulemaking
Rule Name
Division 6 Measurement Rules
Document Type - Rulemaking
Final Actions
Subject
State Engineer's Statement of Basis and Purpose for Rules and Regulations Governing Measurement of Surface Water and Groundwater Diversions and Storage, Release and Delivery of Water Located in Water Division 6
Date Effective
1/16/2024
Year Initiated
2021
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relatively small and result in minimal depletions when used only for these limited purposes. For <br /> the purpose of determining the amount of diversion, the limited nature of these uses constitute <br /> one frequently-sufficient basis to develop an accurate estimate of the diverted amount. The State <br /> and Division Engineers retain their discretion to order measurement for such ponds on a case-by- <br /> case basis, as reasonably necessary, outside of the requirements of these Rules. <br /> (3) Head stabilization ponds. These ponds do not constitute storage of water because <br /> water is not stored for more than 72 hours, nor are they considered a diversion of water <br /> independent of the diversion under the water right used to supply the ponds. Instead, head <br /> stabilization ponds are a part of the conveyance and application of water, usually for crop <br /> irrigation, and while they are subject to the Division Engineer's administrative authority, their <br /> measurement is not generally necessary because the measurement already took place at the <br /> Diversion. The State and Division Engineers retain their discretion to order measurement for <br /> such ponds on a case-by-case basis, as reasonably necessary, outside the requirements of these <br /> Rules. <br /> (4) Surface diversions (including springs)used for the limited purposes of domestic use <br /> in no more than three single-family dwellings, fire protection, watering of domestic animals, the <br /> irrigation of not over one acre of home gardens and lawns, livestock watering, wildlife watering, <br /> or any combination thereof. For the purpose of determining the amount of diversion, the limited <br /> nature of these uses constitute one frequently-sufficient basis to develop an accurate estimate of <br /> the diverted amount. The State and Division Engineers retain their discretion to order Headgates <br /> and measurements of such diversions on a case-by-case basis, as reasonably necessary, outside <br /> the requirements of these Rules. <br /> (5)Erosion control dams subject to section 37-87-122, C.R.S. Such dams are located on <br /> channels considered to be normally dry. Any such structure constructed with a capacity in excess <br /> of 2 AF must be equipped with an ungated outlet tube. These structures do not store water for <br /> later beneficial use. <br /> (6) Diversion Structures that have been declared to be inactive in accordance with the <br /> Rules. These structures may physically exist, but no water is Diverted. <br /> Rule 3.2: Purpose <br /> Rule 3.2 explains the purposes of the Rules and makes it clear that nothing in the Rules is <br /> designed to allow an expanded or unlawful use of water. <br /> Rule 4: Definitions <br /> Rule 4 lists all defined terms used in the Rules so that their meaning is clearly <br /> understood. Generally, any term that is defined in articles 87, 90, and 92 of title 37 of the <br /> Colorado Revised Statutes has the same meaning as defined in statute and is not separately <br /> defined in these Rules. However, for the purpose of clarifying these Rules, several of the <br /> defined terms in this Rule have established meanings in statute and have cited references where <br /> applicable. <br /> 4 <br />
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