DWR_3348286

• Board or Commission: Colorado Ground Water Commission
• Document Type - Board and Commission Meetings: Meeting Document
• Document Date: 8/20/2004
• Subject: MEETING MATERIALS

OPTION 1 for Rule 7.5

7.5 Increase in Permitted Irrigated Acreage (Including Rotation of Acres)

7.5.1 Application shall be on a form prescribed by the Commission. No application shall be considered complete without a statement from the applicant agreeing to comply with metering
and administrative requirements set forth in the application.

7.5.2 Implementing the practice of rotational acres shall be considered an increase in the permitted irrigated acreage and subject to the requirements of Rule 7.5.

7.5.3 An increase in acreage allowed to be irrigated shall not result in an increase over the amount of water historically depleted by the well from the aquifer. The future average
annual appropriation allowed from a well under this Rule shall not exceed the average legal historic withdrawal of water from the well and may be less than the historic withdrawal to
ensure no increased depletion of the aquifer, i.e., to compensate for any reduction in return flows back to the aquifer . The burden of proof for the application shall rest with the
applicant. The provisions of Rule 7.10 shall apply to establish the historic withdrawal and depletion by a well.

The allowed maximum annual amount of withdrawal from a well shall be administered by the three-year modified banking provisions of Rule 7.11.

7.5.5 Authorizations for an increase in the permitted acreage shall be subject to the foLlowing criteria:

7.5.5.1 Any new Authorizations for an Increase in the Permitted Irrigated Acreage will automatically expire after completion of EACH irrigation season if the owner or thier designated
representative does not provide written verification of the irrigated acreage, crop(s) irrigated, and volume of ground water pumped each month in which ground water irrigation occurred
to the Commission and to the representative ground water management district by february 15th of each year. rEQUESTS FOR EXTENSIONS TO PROVIDE THE WRITTEN VERIFICATION MUST BE received
PRIOR TO February 15th each year AND ARE SUBJECT TO THE APPROPRIATE WELL PERMIT EXTENSION fEE.

7.5.5.2 Any new Authorizations for an Increase in the Permitted Irrigated Acreage will automatically expire, without notice, 5 years after the date of approval. This expiration may
be extended for 5-year periods, upon REQUEST and approval by the Ground Water Commission. Extentions may only be granted in cases where the well owner(S) have historically met the
administrative conditions of approval required over the most recent 5-year period. Failure to complete and submit the proper administrative documentation to the Commission within
the time limits described in the expanded acres approval shall result in The denial of an extension. aNY HISTORY OF oVERPUMPING DURING THE MOST RECENT 5-YEAR PERIOD SHALL ALSO RESULT
IN THE denial of an extension. rEQUESTS FOR EXTENSIONS MUST BE received PRIOR TO THE EXPIRATION DATE OF THE EXPANDED ACRES AUTHORIZATION AND ARE SUBJECT TO THE APPROPRIATE WELL PERMIT
EXTENSION FEE.

7.5.6 ANY application to reinstate a previously expired expanded acres authorization shall be accompanied by any missing administrative documentation that resulted in The denial of
The extension. tHE APPLICAnt SHALL ALSO INCLUDE PROPOSED additional ADMINISTRATIVE ACTIONS OR CONDITIONS TO ENSURE that they shall overcome ANY SITUATION that resulted in The denial
of The extension and PREVENT MATERIAL INJURY TO OTHER EXISTING WATER RIGHTS. APPLICATIONS TO REINSTATE A PREVIOUSLY EXPIRED EXPANDED ACRES AUTHORIZATION ARE SUBJECT TO A NEW WELL
PERMIT APPLIcATION FEE.

7.5.5 7.5.7 Administrative Conditions  The following conditions are necessary in order to control and monitor ground water withdrawals when operating under an approval of expanded
acres:

7.5.5.1 7.5.7.1 All wells approved for expanded acres shall have a flow meter installed and approved by the Commission or its authorized agent. Any alternate method or device for
measurement instead of a flow meter must be Commission approved. A backup meter shall be kept on hand unless a specific backup water measurement program is approved by the staff.

7.5.5.2 7.5.7.2 No person shall begin the irrigation of expanded acres until the well owner has signed a contract with the Management District or the Commission to pay the actual cost
of administration, or until the well owner has contracted with a person or entity acceptable to the Commission to perform the same services as would otherwise be performed by the Commission,
and the Commission determines, after consultation with the District, that the terms of the said contract provide for the required administration of the expanded acres.