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PROPOSED CHANGES TO RULE 5.2.1, RULE 5.2.3, RULE 5.2.8 AND RULE 5.2.9 5.2.1 No application for a permit to appropriate ground water from an aquifer under Rule 5.2 shall be granted within 1/2 mile of an existing large capacity well screened within the same aquifer(S) unless a Waiver of Claim of Injury is obtained from the owner of such a well or unless the Commission, after a hearing, finds that circumstances in a particular instance allow a permit to be issued without regard to the above limitation. 5.2.3 Southern High Plains Designated Ground Water Basin Alluvium, Cheyenne, Dakota, Dokum DOCKUM and Ogallala Aquifers 5.2.3.1 The areal extent of the Cheyenne, Dakota, and Ogallala aquifers are shown in Figures 3, 4, and 5 respectively of the report entitled "Ground Water Resources Study Relating to Portions of Prowers, Baca and Las Animas Counties, Colorado" prepared for the Colorado Ground Water Commission by R. W. Beck and Associates, Denver, Colorado, 1967. The areal extent of Alluvium and Dokum DOCKUM aquifers shall be determined by site specific information and any applicable literature. A new large capacity well permit can be granted by the Commission to appropriate water from any of the aquifers identified above in Rule 5.2.3.1 if this appropriation does not unreasonably impair any existing water rights. FOR ANY EXISTING LARGE-CAPACITY WELL THAT WAS CONSTRUCTED AND PUT TO BENEFICIAL USE IN COMPLIANCE WITH ALL APPLICABLE STATUTORY PROCEDURES, AND IS COMPLETED IN MORE THAN ONE OF THE AQUIFERS IDENTIFIED ABOVE IN RULE 5.2.3.1, AN ADDITIONAL LARGE CAPACITY WELL PERMIT CAN BE GRANTED BY THE COMMISSION PURSUANT TO SECTION 37-90-107, C.R.S FOR AN INCREASE IN APPROPRIATION, INCLUDING AN INCREASE IN IRRIGATED ACRES. ANY SUCH ADDITIONAL WELL PERMIT SHALL HAVE AN APPROPRIATION DATE BASED UPON THE DATE OF APPLICATION FOR THE ADDITIONAL PERMIT CONSISTENT WITH SECTION 37-90-109, C.R.S., WHICH SHALL BE SEPARATE AND DISTINCT FROM THE ORIGINAL APPROPRIATION FOR THE EXISTING WELL. 5.2.8 Camp Creek Designated Ground Water Basin All Aquifers 5.2.8.1 Camp Creek Designated Ground Water Basin consists of Alluvial, Dune Sand, Chadron and Ogallala aquifers. The aquifer boundaries within the basin are identified in Plates 2, 3 and 5 of the report entitled, "Ground Water Resources of Northwest Washington County, Colorado" prepared for Town of Akron by Nelson, Haley, Patterson, and Quirk, Inc., Greeley, Colorado, 1967. A new large capacity well permit can be granted by the Commission to appropriate water from any of the aquifers identified above in Rule 5.2.8.1 if this appropriation does not unreasonably impair any existing water rights. FOR ANY EXISTING LARGE-CAPACITY WELL THAT WAS CONSTRUCTED AND PUT TO BENEFICIAL USE IN COMPLIANCE WITH ALL APPLICABLE STATUTORY PROCEDURES, AND IS COMPLETED IN MORE THAN ONE OF THE AQUIFERS IDENTIFIED ABOVE IN RULE 5.2.8.1, AN ADDITIONAL LARGE CAPACITY WELL PERMIT CAN BE GRANTED BY THE COMMISSION PURSUANT TO SECTION 37-90-107, C.R.S. FOR AN INCREASE IN APPROPRIATION, INCLUDING AN INCREASE IN IRRIGATED ACRES. ANY SUCH ADDITIONAL WELL PERMIT SHALL HAVE AN APPROPRIATION DATE BASED UPON THE DATE OF APPLICATION FOR THE ADDITIONAL PERMIT CONSISTENT WITH SECTION 37-90-109, C.R.S., WHICH SHALL BE SEPARATE AND DISTINCT FROM THE ORIGINAL APPROPRIATION FOR THE EXISTING WELL. 5.2.9 Upper Crow Creek Designated Ground Water Basin Alluvial, Fan and White River Aquifers 5.2.9.1 The extent of each aquifer shall be defined as the area identified in Plate 1 of the report entitled, "Water Resources of Upper Crow Creek, Colorado" prepared for the Colorado Geological Survey by Robert Kirkham and John Rold, Denver, Colorado 1986. All but the southern tip of the study area is underlain by the White River Aquifer. The southern tip area is underlain by the Laramie formation. The Fan Aquifer east of Crow Creek and the White River Aquifer underlying this part of the Fan Aquifer is determined to be overappropriated and, therefore, no new large capacity well permits shall be granted in these aquifers unless a replacement plan is approved by the Commission in accordance with Rule 5.6. A well permit can be approved in the Alluvial Aquifer and in the Fan and White River Aquifer not mentioned above if this appropriation does not unreasonably impair any existing water rights. FOR ANY EXISTING LARGE-CAPACITY WELL THAT WAS CONSTRUCTED AND PUT TO BENEFICIAL USE IN COMPLIANCE WITH ALL APPLICABLE STATUTORY PROCEDURES, AND IS COMPLETED IN MORE THAN ONE OF THE AQUIFERS IDENTIFIED ABOVE IN RULE 5.2.9.1, AN ADDITIONAL LARGE CAPACITY WELL PERMIT CAN BE GRANTED BY THE COMMISSION PURSUANT TO SECTION 37-90-107, C.R.S FOR AN INCREASE IN APPROPRIATION, INCLUDING AN INCREASE IN IRRIGATED ACRES, PROVIDED THAT THE REQUIREMENTS OF RULE 5.2.9.2 ARE MET. ANY SUCH ADDITIONAL WELL PERMIT SHALL HAVE AN APPROPRIATION DATE BASED UPON THE DATE OF APPLICATION FOR THE ADDITIONAL PERMIT CONSISTENT WITH SECTION 37-90-109, C.R.S., WHICH SHALL BE SEPARATE AND DISTINCT FROM THE ORIGINAL APPROPRIATION FOR THE EXISTING WELL.