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<br />STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, <br />AND PURPOSE FOR CHANGING COMMISSION RULE 5.2.1 <br /> <br /> The provisions of Section 37-90-111(1)(h), C.R.S. provides the specific statutory authority for the adoption of the attached regulation. The Commission also adopted, in compliance <br /> with Section 24-4-103(4), C.R.S., the following Statement of Basis and Purpose. <br /> <br />BASIS AND PURPOSE <br /> <br /> <br />BACKGROUND <br />Designated Basin Rule 5.2.1, the “1/2-mile rule” provides criteria for consideration in determining whether a permit to appropriate ground water will cause unreasonable impairment to <br /> existing large capacity wells. It provides that a new permit may not be granted within a 1/2-mile of an existing large capacity well unless a Waiver of Claim of Injury is obtained. <br /> The Commission Staff has historically only applied this rule to proposed and existing wells screened within the same aquifer(s). <br />PURPOSE <br /> 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 <br /> clarify the current rule language to reflect the current application of this rule by the Commission Staff. <br /> <br /> <br /> <br />