DWR_3348350

• Board or Commission: Colorado Ground Water Commission
• Document Type - Board and Commission Meetings: Meeting Document
• Document Date: 5/21/2004
• Subject: MEETING MATERIALS

5.2.2.9 The following sections in Kiowa and Prowers Counties are deemed overappropriated for the Ogallala Aquifer and no new appropriations will be approved absent a replacement plan
in accordance with Rule 5.6:

Township 21 South, Range 41 West: Sections 5 through 8, 18;
Township 21 South, Range 42 West: Sections 1 through 20
Township 21 South, Range 43 West: Sections 1, 2, 11 through 13;
Township 20 South, Range 42 West: Sections 7, 8, 17 through 21, and
Sections 28 through 36
Township 20 South, Range 43 West: Sections 1, 2, 10 through 36;
Township 20 South, Range 44 West: Sections 13, 24, 25, 36.

5.2.3 Southern High Plains Designated Ground Water Basin  Alluvium, Cheyenne, Dakota, 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 Dockum aquifers shall be determined by site specific information and any applicable literature.

5.2.3.2 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.

5.2.3.3 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 grated 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 on 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.

5.2.4 KiowaBijou Designated Ground Water Basin  Alluvial Aquifer

5.2.4.1 The Alluvial Aquifer shall be defined as identified in Plate 2 of the report "Evaluation of Water Resources in Kiowa and Bijou Creek Basins, Colorado" prepared for the Colorado
Water Conservation Board by Colorado State University, Fort Collins, Colorado, 1966.

5.2.4.2 The Alluvial Aquifer within the KiowaBijou Designated Ground Water Basin is determined to be overappropriated and, therefore, no new large capacity well permits shall be granted
in the Alluvial Aquifer unless a replacement plan is approved by the Commission in accordance with Rule 5.6.

5.2.5 Lost Creek Designated Ground Water Basin  Alluvial Aquifer

5.2.5.1 The Alluvial Aquifer shall be defined as the area identified in Plate 3 of the report entitled "Ground Water Resources of the Lost Creek Drainage Basin  Weld, Adams and Arapahoe
counties, Colorado," prepared for the Colorado Ground Water Commission by Nelson, Haley, Patterson and Quirk, Inc., Greeley, Colorado, 1967.

5.2.5.2 The Alluvial Aquifer within the Lost Creek Designated Ground Water Basin area south of the line between Township 2 North and Township 3 North is determined to be
overappropriated and, therefore, no new large capacity well permits shall be granted in this area unless a replacement plan is approved by the Commission in accordance with Rule 5.6.
A new large capacity well permit can be granted to appropriate water from the Alluvial Aquifer within the Lost Creek Designated Ground Water Basin area north of the line between Township
2 North and Township 3 North if this appropriation does not unreasonably impair any existing water rights.

5.2.6 Upper Black Squirrel Creek Designated Ground Water Basin  Alluvial Aquifer

5.2.6.1 The Alluvial Aquifer shall be defined as the area identified in Plate 3 of a report entitled "Ground Water Resources of the Upper Black Squirrel Creek Basin, El Paso County,
Colorado," prepared by the Colorado Division of Water Resources, Denver, Colorado, 1967.

5.2.6.2 The Alluvial Aquifer within the Upper Black Squirrel Creek Designated Basin is determined to be overappropriated and, therefore, no new large capacity well permits shall be
granted in the Alluvial Aquifer unless a replacement plan is approved by the Commission in accordance with Rule 5.6.

5.2.7 Upper Big Sandy Designated Ground Water Basin  Alluvial Aquifer

5.2.7.1 The Alluvial Aquifer shall be defined as the area identified in Plate 1 of the report entitled, "Geology and Ground Water Resources of Parts of Lincoln, Elbert, and El Paso
Counties, Colorado," by the Colorado Water Conservation Board and the U.S. Geological Survey, Denver, Colorado, 1946.

5.2.7.2 A new large capacity well permit can be granted by the Commission to appropriate water from the Alluvial Aquifer identified above in Rule 5.2.7.1 if this appropriation does
not unreasonably impair any existing water rights.

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.

5.2.8.2 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.

5.2.8.3 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 grated 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 on 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.

5.2.9.2 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.

5.2.9.3 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 grated 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 on 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.

5.3 Appropriation from Denver Basin Bedrock Aquifers

5.3.1 Denver Basin Aquifer Definitions

5.3.1.1 The Denver Basin Aquifers are Dawson, Denver, Arapahoe, and LaramieFox Hills aquifers within the KiowaBijou, Lost Creek, Upper Big Sandy, and Upper Black Squirrel Creek Designated
Ground Water Basins. The extent of each aquifer is defined in Rule 4(A) of the Denver Basin Rules, 2 CCR 4026.

5.3.1.2 These aquifer definitions are deemed presumptive upon the Commission and applicants except that the Commission, after reviewing any site specific data, may revise an aquifer
boundary.
5.3.2 Allowable Rate of Withdrawal

5.3.2.1 The allowable rate of withdrawal for these aquifers shall be limited so as to allow at least a 100 year aquifer life. Waters which have not been separated from land owned
by the applicant or waters to which applicant has separate title under a described land area shall be available for appropriation. The availability of such waters is limited by the
provisions of these rules to prevent unreasonable impairment to existing water rights.

5.3.2.2 Applicant shall demonstrate prima facie land ownership or consent of an overlying landowner as evidenced by a completed consent statement provided by the Office of the State
Engineer. Any waters identified as a water supply to be developed through individual wells in an approved subdivision water supply plan shall be deemed as being under the control of
the individual lot owners absent a legal conveyance to the contrary or absent a resolution adopted pursuant to Rule 5.3.10.

5.3.2.3 The allowed average annual amount of withdrawal of water from any of these aquifers is determined by the formula:

Average Annual Withdrawal (acrefeet) =
land area (acres) x saturated aquifer materials (ft.) x S.Y.
100 years

where S.Y. is the specific yield of the aquifer (dimensionless). See Rule 5.3.4 for the thickness of saturated aquifer materials and Rule 5.7 for Specific Yield values.

5.3.2.4 In computing the land area to be used under Rule 5.3.2.3, the area of the cylinder of appropriation for a well(s) which has or can be issued a smallcapacity well permit pursuant
to Section 3790105, C.R.S., shall be considered to be zero. The average annual withdrawal computed under Rule 5.3.2.3 may be reduced by any applicable appropriation amount for such
a smallcapacity well(s) located on this land area and withdrawing water from the aquifer under consideration.

5.3.2.5 The allowed maximum annual amount of withdrawal may exceed the allowed average annual amount of withdrawal as long as the total volume of water withdrawn from the well or wells
does not exceed the product of the number of years since the date or dates of issuance of the well permit or permits times the allowed average annual amount of withdrawal. This provision
is applicable only for Denver Basin aquifer wells but is not applicable to a well whose water right was created prior to November 19, 1973 in accordance with the provisions of Rule
5.3.3. Existing permitted well owners may avail themselves to this provision upon written approval of the Commission.

5.3.3 Determination of the extent of appropriations created prior to November 19, 1973

5.3.3.1 If the cylinder of appropriation of a well for which a right was created prior to November 19, 1973 as evidenced by a well registration or by a well permit and its beneficial
use statement, overlap(s) the overlying land claimed in the application, the number of acres of overlying land to be used in determining the available water in storage shall be reduced
by the number of acres of the cylinder of appropriation which overlaps the land. An applicant whose water rights are reduced by such cylinder(s) may, upon notice to all affected parties,
challenge the Commission's determination of the size of such overlap by requesting an evidentiary hearing before the Commission.

5.3.3.2 In the event that a well completed prior to November 19, 1973 does not fully penetrate the aquifer, the radius of the cylinder of appropriation for that well shall be calculated
assuming that it does fully penetrate that aquifer.

5.3.3.3 In the event that a well initiated prior to November 19, 1973 is constructed so as to produce water from more than one aquifer, cylinders of appropriation shall be calculated
for each aquifer. The production of the well from each aquifer shall be allocated in proportion to the historical production of the well from each aquifer. The interval of each aquifer
through which the well is completed shall be considered in the determination of the historical production from each aquifer. Where this perforation interval cannot be determined, the
well shall be assumed to be producing from the entire interval of the aquifers involved.

5.3.4 Determination of thickness of Saturated Aquifer Materials in the Denver Basin Aquifers

5.3.4.1 The thicknesses of sandstones and siltstones in the Denver Basin Aquifers are shown on the following figures prepared by the Colorado Division of Water Resources:

a. Upper Dawson Denver Basin Atlas No. 1, Plate 3, Figure 1E
b. Lower Dawson Denver Basin Atlas No. 1, Plate 2, Figure 1C
c. Denver Denver Basin Atlas No. 2, Plate 2, Figure 2C
d. Upper Arapahoe Denver Basin Atlas No. 3, Plate 4, Figure 3E
minus Plate 5, Figure 3F*
e. Lower Arapahoe Denver Basin Atlas No. 3, Plate 5, Figure 3F
f. LaramieFox Hills Denver Basin Atlas No. 4, Plate 3, Figure 4C

* To find the thickness of the Upper Arapahoe Aquifer subtract the thickness value shown in Plate 5, Figure 3F from the thickness value shown in Plate 4, Figure 3E.
Where there is no overlap between figures, Figure 3F value is zero.

5.3.4.2 The thicknesses on the above figures, subject to any revisions thereof by the Commission based upon any site specific data, shall be considered to be the thickness of saturated
aquifer material as long as the aquifer is confined, i.e., under artesian pressure. The applicant may be required by the Commission to demonstrate that the aquifer is still confined
or, if the aquifer is unconfined, to provide data on the site specific location of the water table. Upon evaluating the location of the water table, the Commission shall determine
the thickness of saturated aquifer materials.

5.3.5 Standards for requirements of geophysical logs and test holes in the Denver Basin aquifers shall be the same as set forth in Rules 9 and 10 of the Statewide Nontributary Ground
Water Rules, 2 CCR 4027.

5.3.6 Replacement Water Requirements for the Denver Basin aquifers: The Commission recognizes that the pumping of waters from the Dawson, Denver, Arapahoe and LaramieFox Hills aquifers
may cause depletions in the overlying alluvial aquifers which may affect vested water rights. Necessary terms and conditions shall be imposed on any new well permit to insure no unreasonable
impairment to the rights of other appropriators.

5.3.6.1 The locations of Nontributary Ground Water for the Denver Basin aquifers are shown in the figures referenced below. The Commission may accept site specific information if
it finds that information is more precise.

A. The location of nontributary ground water in the Upper Dawson Aquifer is shown in Denver Basin Atlas No. 1, Plate 4, Figure 1G as revised March 21, 1991.

B. The location of nontributary ground water in the Lower Dawson Aquifer is shown in Denver Basin Atlas No. 1, Plate 4, Figure 1F as revised March 21, 1991.

C. The location of nontributary ground water in the Denver Aquifer is shown in Denver Basin Atlas No. 2, Plate 2, Figure 2D as revised March 21, 1991.

D. The location of nontributary ground water in the Upper Arapahoe Aquifer is shown in Denver Basin Atlas No. 3, Plate 6, Figure 3H as revised March 21, 1991.

E. The location of nontributary ground water in the Lower Arapahoe Aquifer is shown in Denver Basin Atlas No. 3, Plate 5, Figure 3G as revised March 21, 1991.

F. The location of nontributary ground water in the LaramieFox Hills Aquifer is shown in Denver Basin Atlas No. 4, Plate 4, Figure 4D as revised March 21, 1991.

5.3.6.2 Replacement Water Required:

A. For wells proposing to withdraw water from the Dawson, Denver, Arapahoe and LaramieFox Hills aquifers within the nontributary zone, the terms and conditions shall provide that no
more than 98% of the water withdrawn annually is consumed.

B. For wells proposing to withdraw notnontributary ground water from the Denver, Arapahoe, or LaramieFox Hills aquifers at a point farther than 1 mile from the contact with the alluvium,
the terms and conditions shall provide for the replacement of 4 percent of the water diverted from such well. The return of replacement water to the uppermost aquifer in the vicinity
of the point of withdrawal shall be presumed to be in compliance with Rule 5.6.1.(C) but replacement at other locations may be approved by the Commission.

C. For wells proposing to withdraw notnontributary ground water from a Dawson Aquifer or notnontributary ground water from the Denver, Arapahoe, or LaramieFox Hills aquifers at a
point closer than one mile from the contact with the alluvium, the amount of such replacement water shall provide for the depletion of alluvial water for the first 100 years due to
all previous pumping and if pumping continues beyond 100 years, shall replace actual impact until pumping ceases, assuming water table conditions in the bedrock aquifer. The applicant
shall be required to develop terms and conditions necessary to prevent injury to prior designated ground water rights. Such terms and conditions shall meet the standards for a Replacement
Plan as defined in Rule 5.6.

5.3.6.3 For wells which will appropriate water from more than one zone of an aquifer as identified in Items A, B, and C of Rule 5.3.6.2, the replacement requirements to meet the intent
of replacement needs of Rule 5.3.6.2 shall be determined based upon the overlying land acreage located in each zone and the location of the well.

5.3.6.4 The measurement of annual withdrawals and the keeping of records is the responsibility of the well owner. The annual diversion from the period January 1 to December 31 of
each year shall be the basis for computation of the replacement requirement.

5.3.6.5 The replacement water may occur as a return flow from the owner's use of the well pursuant to a plan which provides an accounting for the use of the well and the source of
each point of return flow. The well owner shall be responsible for any required measurements of the return flow. Credit for diffuse return flow shall be given only to the extent that
the well owner has maintained control over such waters and can quantify such returns by reasonable engineering methods acceptable to the Commission. A plan proposing return flow as
a source of replacement water must be incorporated as a term and condition of the permit.

5.3.6.6 The well owner shall be required to provide such selfadministration as necessary to assure compliance with permit terms and conditions. Selfadministration may include metering,
reporting or the retention of a neutral third party as reporting agent.

5.3.7 Well Location: All wells, including additional wells, withdrawing water from the Denver Basin aquifers, must be located on the overlying land.

5.3.7.1 A permit shall not be issued for a largecapacity well under Rule 5.3 if this well is to be located within 600 feet of an existing largecapacity well in the same aquifer unless
a Waiver of Claim of Injury is obtained from the owner of the existing well or unless the Commission, after a hearing, finds that circumstances in a particular instance warrant that
a permit can be issued without regard to the above limitation.

5.3.7.2 If the applicant has identified noncontiguous parcels of overlying land, the applicant may withdraw the total allowed average annual amount of withdrawal from one or more wells,
provided that the well or wells are located so that the cylinder or cylinders of appropriation for at least one of the wells overlap, at least in part, the noncontiguous parcels. In
determining the cylinder of appropriation, the acreage from the noncontiguous parcels shall be included in the calculation.

5.3.8 Operation of a well field may be permitted where the entire appropriation for the several wells withdrawing water from the same aquifer may be withdrawn from any combination
of wells within the well field. Such a plan may be approved at the time of original permitting or by subsequent request for a change pursuant to Section 3790111(1)(g).

5.3.9 Additional wells may be permitted so long as the effect is that the allowed annual amount of withdrawal from all wells involved will not exceed the permitted average annual amount
as originally established pursuant to Rule 5.3.2.

5.3.10 It is recognized that economic considerations generally make it impractical for individual landowners to drill wells into the aquifers named in Rule 5.3 for individual water
supplies where municipal or quasimunicipal water service is available and that public interest justifies the use of such ground water by municipal or quasimunicipal water suppliers
under certain conditions. Therefore, wherever any existing municipal or quasimunicipal water supplier is obligated either by law or by contract in effect prior to January 1, 1985,
to be the principal provider of public water service to landowners within a certain municipal or quasimunicipal boundary in existence on January 1, 1985, said water supplier may adopt
an ordinance or resolution, after ten days notice pursuant to the provisions of Part 1 of Article 70 of Title 24, C.R.S, which incorporates ground water from the Dawson, Denver, Arapahoe,
LaramieFox Hills, or Dakota aquifers underlying all or any specified portion of such municipality's or quasimunicipality's boundary into its actual municipal service plan. Upon adoption
of such ordinance or resolution, a detailed map of the land area as to which consent is deemed to have been given shall be filed with the Commission. Upon the effective date of such
ordinance or resolution, the owners of land which overlies such ground water shall be deemed to have consented to the withdrawal by that water supplier of all such ground water, except
that no such consent shall be deemed to be given with respect to any portion of the land if:

A. Water service to such portion of the land is not reasonably available from said water supplier and no plan has been established by that supplier allowing the landowner to obtain
an alternative water supply;

B. Such ordinance or resolution was adopted prior to the effective date of these Rules, and, prior to January 1, 1985, such ground water was conveyed or reserved or consent to use such
ground water was given or reserved in writing to anyone other than such water supplier and such conveyance, reservation, or consent has been properly recorded prior to the effective
date of these rules;

C. Such ordinance or resolution is adopted on or after the effective date of these Rules, and said ground water has been conveyed or reserved or consent to use such ground water has
been given or reserved in writing to anyone other than such water supplier and such conveyance, reservation, or consent is properly recorded before the effective date of that ordinance
or resolution;

D. Consent to use such ground water has been given to anyone other than such water supplier by the lawful effect of an ordinance or resolution adopted prior to January 1, 1985;

E. Such ground water has been decreed or permitted to anyone other than such water supplier prior to the effective date of such ordinance or resolution; or

F. Such portion of the land is not being served by said water supplier as of the effective date of such ordinance or resolution and such ground water is the subject of an application
for determination of a right to use ground water filed with the Commission prior to the effective date of these Rules.

5.4 Appropriation from all Bedrock Aquifers Except the Denver Basin Bedrock Aquifers

5.4.1 This Rule shall apply to all aquifers in all the designated basins except those aquifers listed below:

A. Lost Creek, KiowaBijou, Upper Big Sandy and Upper Black Squirrel Creek Basins: Alluvium and Denver Basin Bedrock aquifers.

B. Northern High Plains and Camp Creek Basins: Alluvium, Ogallala, and White River.

C. Southern High Plains Basin: Alluvium, Ogallala, Dakota, Cheyenne and Dockum.

D. Upper Crow Creek: Alluvium, Fan, and White River.

5.4.2 An application to appropriate ground water from these aquifers shall be analyzed on the basis of the ownership of the overlying land and on the basis of an aquifer life of one
hundred years.

5.4.3 The amount of water available in storage in a specified bedrock aquifer under a specified parcel of land shall be computed based upon the site specific hydrogeologic information
available to the Commission.

5.4.4 The provisions of Rule 5.3.7 dealing with the well location for the Denver Basin bedrock aquifer wells shall also apply to all other bedrock aquifer wells.

5.5 Water Quantity Requirements for Issuance of New Permits for Irrigation Use - For new permits, the amount of water to be appropriated for irrigation of agricultural lands shall be
21/2 acrefeet per irrigated acre for all aquifers in all designated basins except the Southern High Plains Basin where this amount shall be 31/2 acrefeet per acre. In reviewing
permit applications, the amount of water available for appropriation must be sufficient to irrigate the requested acreage at the prescribed rate unless an exception is granted by the
Commission.

5.6 Replacement Plans

5.6.1 New appropriations of designated ground water from aquifers which are otherwise overappropriated or where such approval may result in unreasonable impairment to existing water
rights may be allowed pursuant to a detailed replacement plan. This plan must be adequate to prevent any material injury to water rights of other appropriators. A replacement plan
must contain, as a minimum, the following elements:

A. A detailed description of the source of the replacement water. The source must be such that the water it provides is not required for the fulfillment of vested water rights which
are not a part of the plan.

B. A detailed description of the proposed diversion, use, and depletion of designated ground water which would result under the plan.

C. Proof that the plan will not cause material injury to water rights of other appropriators.

D. Proof that the plan will not cause unreasonable impairment of water quality.

E. Proof that the plan can and will be operated and administered on an ongoing and reliable basis, which must include at least the following general conditions of approval:

1. Flow measurement devices shall be required on all wells involved in the plan unless the Commission finds that such devices would be unnecessary or impractical.

2. Monitoring to insure that the estimates of consumptive use, return flows, and replacement water are accurate and that depletions are actually replaced.

3. Monitoring of ground water quality to insure that the water quality of the receiving aquifer is not unreasonably impaired.

4. Providing a plan compliance report acceptable to the Commission.

5. Reporting the information required by subparagraphs (1) through (4) above and any other data required by the conditions of approval for the plan to the Commission and District on
a schedule determined by the Commission, but on no less than a yearly basis.

6. Recording the terms and conditions of the plan with the county clerk and recorder. Such terms and conditions shall be regarded as covenants running with the land.

F. The Commission retains jurisdiction to modify or revoke approval of the plan, if monitoring or operating experience reveals that the plan results in any material injury to water