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<br />STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, <br />AND PURPOSE FOR CHANGING COMMISSION RULE 5.2.3 <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 /> <br />In 1986, based on the Board of Examiners Water Well Construction Rules that prohibit new wells from being screened within more than one aquifer, the Ground Water Commission Staff ceased <br /> issuance of well permits for new and existing wells that are screened in multiple aquifers. <br /> <br />The impact of this action is that owners with valid well permits for existing wells screened in multiple aquifers are not able to apply for an increase in appropriation. This limits <br /> the ability of these well owners to make changes in their water use practices despite the fact that water is available for appropriation. <br /> <br /> <br />PURPOSE <br /> <br /> 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 <br /> 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 <br /> 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 <br /> 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 <br /> were also made to the existing rule. <br /> <br />