DWR_3348301

• Board or Commission: Colorado Ground Water Commission
• Document Type - Board and Commission Meetings: Meeting Document
• Document Date: 2/24/2004
• Subject: MEETING MATERIALS

NOTICE OF PUBLIC RULEMAKING HEARING BEFORE THE
COLORADO GROUND WATER COMMISSION

SUBJECT MATTER, STATEMENT OF BASIS, PURPOSE AND SPECIFIC STATUTORY AUTHORITY

The Colorado Ground Water Commission (Commission) pursuant to Section 37-90-111(1)(h), C.R.S. is considering amending certain portions of the rules and regulations titled “MANAGEMENT
AND CONTROL OF DESIGNATED GROUND WATER”, 2 CCR 410-1. These rules apply to designated ground water within the designated ground water basins in Colorado. The Commission to date has
designated a total of eight ground water basins, all of which are located in Eastern Colorado. The basins are: Camp Creek, Kiowa-Bijou, Lost Creek, Northern High Plains, Southern
High Plains, Upper Big Sandy, Upper Black Squirrel Creek, and Upper Crow Creek. The proposed amendments to the rules are attached herewith.

The purpose of the proposed amendments to the rules is as follows:

Rule 5.2.1
To amend this rule to add language that indicates that the “1/2-mile Rule” applies to large capacity wells screened within the same aquifer(s). The intent of this rule change is to
clarify the current rule language to reflect the current application of this rule by the Commission Staff.

Rule 5.2.3
To add Rule 5.2.3.3 to allow wells screened in more than one aquifer the ability to apply for an increase in appropriation. This rule would only apply to wells that have well permits
that are valid (in compliance with all applicable statutory procedures) and are permitted to allow withdrawals from multiple aquifers. The intent of this rule amendment is to allow
water users in the Southern High Plains Designated Ground Water Basin (a basin still open for appropriation) to apply for permits so they may operate their wells as they may have historically
done. This rule also allows additional flexibility for water users to make changes to their water use practices in the future as conditions warrant. Additionally, spelling corrections
were made to the existing rule.

Rule 5.2.8
To add Rule 5.2.8.3 to allow wells screened in more than one aquifer the ability to apply for an increase in appropriation. This rule would only apply to wells that have well permits
that are valid (in compliance with all applicable statutory procedures) and are permitted to allow withdrawals from multiple aquifers. The intent of this rule amendment is to allow
water users in the Camp Creek Designated Ground Water Basin (a basin still open for appropriation) to apply for permits so they may operate their wells as they may have historically
done. This rule also allows additional flexibility for water users to make changes to their water use practices in the future as conditions warrant.

Rule 5.2.9
To add Rule 5.2.9.3 to allow wells screened in more than one aquifer the ability to apply for an increase in appropriation. This rule would only apply to wells that have well permits
that are valid (in compliance with all applicable statutory procedures) and are permitted to allow withdrawals from multiple aquifers. The intent of this rule amendment is to allow
water users in the Upper Crow Creek Designated Ground Water Basin (a basin still open for appropriation) to apply for permits so they may operate their wells as they may have historically
done. This rule also allows additional flexibility for water users to make changes to their water use practices in the future as conditions warrant.

The Commission solicits input on these amendments to the rules in order to achieve the above stated purpose by the most effective means. Any comments you may have which have a bearing
on the proposed amendments would be appreciated by the Commission and should be directed to the Executive Director at his address at the end of this notice.

HEARING SCHEDULE:

DATE: Tuesday, February 24, 2004
TIME: 8:30 am
LOCATION: Wray Community Hall, 245 W. 4th Street, Wray, CO 80758

Oral testimony at the hearing will be limited to the amendments enclosed herein and the interested parties must provide written materials on or before Friday, January 30, 2004. Direct
testimony should primarily draw attention to previously submitted written evidence. The hearing will emphasize the Commission questioning of parties about their written submittals.
Introduction of written materials by parties at the hearing generally will not be permitted. Parties are prohibited from oral presentation of written material not submitted to the
Commission by the January 30, 2004 deadline.

PARTY STATUS:

Although it is not necessary to obtain party status in order to testify or comment on the proposed amendments to the rules, those persons or entities requesting party status must file
a written request for such status. These requests are due in the office of the Commission on or before:

DATE: Friday, January 30, 2004
TIME: 5:00 p.m.

DATED this _________ day of December 2003 at Denver, Colorado.

Colorado Ground Water Commission

____________________________
HAL D. SIMPSON
Executive Director
1313 Sherman Street # 818
Denver, CO 80203