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rights of other appropriators or in unreasonable impairment to water quality.
<br />
<br /> 5.6.2 Upon receipt of any such replacement plan, the staff shall review it to determine whether it is adequate to meet these criteria and the provisions of C.R.S. 37 90 107. The applicant
<br /> shall have the burden of proving the adequacy of the plan in all respects. If the plan is located within a ground water management district, a copy of the application shall be sent
<br /> by the staff to the management district and the staff shall consider any comments or recommendations from the management district. The staff shall propose any additional terms and
<br /> conditions or limitations which are necessary to prevent material injury and to ensure that the plan is administrable and enforceable.
<br />
<br />5.7 Specific Yield Values Unless site specific information acceptable to the Commission is available, the specific yield for the various aquifers to be used in the evaluation of applications
<br /> pursuant to these Rules is determined to be as follows. For all other aquifers, the specific yield will be determined from the best available information to the Commission.
<br />
<br />
<br />
<br />
<br />
<br /> Aquifer Specific Yield
<br />
<br /> Dawson (Upper and Lower) 20%
<br /> Denver 17%
<br /> Arapahoe (Upper and Lower) 17%
<br /> Laramie Fox Hills 15%
<br /> Lost Creek Alluvium 17%
<br /> Kiowa Bijou Alluvium 17%
<br /> Upper Black Squirrel Alluvium 20%
<br /> Upper Big Sandy Alluvium 20%
<br /> Upper Crow Creek Fan Aquifer 20%
<br /> east of Crow Creek
<br /> Upper Crow Creek Alluvium 20%
<br /> Northern High Plains Ogallala Aquifer 15%
<br /> Northern High Plains Ogallala and 25% for sand layers
<br /> White River formations north of the
<br /> Administrative Line (on Figure 1).
<br /> Southern High Plains Ogallala Aquifer 15%
<br />
<br />5.8 Artificial Recharge Subject to permitting requirements, artificial recharge may be captured by the person causing such recharge to the extent that other water rights are not impaired
<br /> and provided that the waters used for recharge are either imported to the basin, or originate from a different aquifer, or are waters which would not otherwise recharge the same basin
<br /> at some downstream point. The capture of these waters is subject to permitting requirements pursuant to Section 37 90 107, C.R.S. As such waters move away from applicant's ability
<br /> to capture, they become designated ground water available to other appropriators within the Basin.
<br />
<br />5.9 Well Completion All wells must be completed in accordance with the Rules and Regulations of the Board of Examiners of Water Well Construction and Pump Installation Contractors
<br /> for the State of Colorado (2 CCR 402 2).
<br />
<br />5.10 Geophysical Logs - Geophysical logging is required for all large capacity wells from any bedrock aquifers as permitted under Rules 5.3 and 5.4. Such logs shall be made in accordance
<br /> with Rule 9 of the Statewide Nontributary Ground Water Rules 2 CCR 402 7.
<br />
<br />5.11 Deviation from Permitted Location for New Wells - The following distances are the allowable variation from the permitted site in each aquifer or basin. Wells completed farther
<br /> than the specified distance from the permitted location shall be deemed to be in violation of permit conditions. If a Management District's Rules and Regulations specify a lesser distance
<br /> for a new or replacement well, the lesser distance shall apply. For bedrock aquifer wells, well to well minimum spacing requirements of Rule 5.3.7.1 shall also apply.
<br />
<br /> Allowable Variation
<br /> from the
<br /> Aquifer Permitted Well Site
<br />
<br /> Bedrock Aquifers 200 feet
<br /> All other aquifers 300 feet
<br />RULE 6 REPLACEMENT WELL PERMITS
<br />
<br />6.1 Applicability - For consideration as a replacement well under Section 37 90 111(1)(c), C.R.S., the limitations in this Rule 6 shall apply. All replacement applications not within
<br /> the limits of this rule shall be reviewed under Rule 7 as a change of water right.
<br />
<br />6.2 A replacement well shall be constructed within the following distance of the originally permitted well site except where a Management District's Rules and Regulations specify a lesser
<br /> distance, in which case, the lesser distance shall apply:
<br />
<br /> Allowable Distance
<br /> from Originally
<br /> Aquifer Permitted Well Site
<br />
<br /> Bedrock Aquifers 200 feet
<br /> All other aquifers 300 feet
<br />
<br />6.3 A replacement well in a bedrock aquifer subjected to the 200 feet distance limitation of Rule 6.2 shall also satisfy the well to well minimum spacing requirement of Rule 5.3.7.1
<br /> but a replacement well in any other aquifer subjected to the 300 feet distance limitation of Rule 6.2 shall not be required to satisfy the well to well minimum spacing requirement of
<br /> Rule 5.2.1.
<br />
<br />6.4 The originally permitted well site shall be the site as specified on the original well permit or a relocated site as approved by the Commission pursuant to Section 37 90 111(1)(g),
<br /> C.R.S. Where sectional coordinate distances are not available from any document in the permit file, the original site may be established by field location of the original well.
<br />
<br />6.5 A replacement well permit will be limited so as to produce water from the same aquifer or aquifers as the original well.
<br />
<br />6.6 A permit for the replacement of a well which was previously completed in one aquifer, but did not fully penetrate the water bearing materials in that aquifer, shall allow full penetration
<br /> of that aquifer, except that for a Denver Basin aquifer well, it shall not result in increasing its cylinder(s) of appropriation.
<br />
<br />6.7 A replacement well permit shall be limited to the same terms and conditions as the original well permit.
<br />
<br />RULE 7 CHANGE OF RIGHTS TO DESIGNATED GROUND WATER
<br />
<br />7.1 Applicability and Exceptions
<br />
<br /> 7.1.1 This rule applies to all changes of rights to designated ground water to be processed pursuant to Section 37 90 111(1)(g), C.R.S. A change can be approved only upon such terms
<br /> and conditions as will not cause material injury to the vested rights of other appropriators. It shall be the applicant's burden to demonstrate that the above criteria are met. Also,
<br /> the Commission may require the applicant to provide for any administration necessary to ensure compliance with the terms and conditions of any approval under Rule 7.
<br /> 7.1.2 A change request may consist of but is not limited to the following:
<br />
<br /> A. Change of well location greater than the distance that was authorized for a replacement well as set forth in Rule 6.2;
<br />
<br /> B. Change of description of irrigated acreage without an increase in the number of acres irrigated;
<br />
<br /> C. An increase in the number of acres to be irrigated above the number of acres permitted;
<br />
<br /> D. A change to commingle two or more wells;
<br />
<br /> E. A change of type of use (with or without export from a designated basin);
<br />
<br /> F. A change of the volume of annual appropriation;
<br />
<br /> G. An increase in the pumping rate in gpm.
<br />
<br /> 7.1.3 For bedrock aquifer wells which are permitted to use designated ground water on the basis of the ownership of the overlying land pursuant to Section 37-90-111(5), C.R.S. or pursuant
<br /> to an equivalent Commission policy to include those wells covered under Rule 5.4, the historic use amount for such a well shall be the maximum annual amount of water put to beneficial
<br /> use pursuant to Section 37-90-108, C.R.S. but within the limits of the permitted annual amount except that for those Denver Basin aquifer wells issued on or after July 1, 1991, the
<br /> historic use amount shall be the permitted annual amount provided a well completion report for the well is filed with the Commission pursuant to Section 37-90-108, C.R.S. This provision
<br /> shall override any other requirement under Rule 7 to estimate historic use but shall not apply to those wells whose appropriation is not based upon the ownership of the overlying land
<br /> including those wells having claims to cylinder(s) of appropriation under Rule 5.3.3. If the historic use amount as defined above is less than the permitted annual amount, additional
<br /> well permits for any such unappropriated ground water may be obtained from the Commission in accordance with the applicable statutes and rules in effect at the time such a new application(s)
<br /> is filed with the Commission.
<br />
<br />7.2 Publication Except as noted in this section, applications for changes of rights to designated ground water shall be published in accordance with Section 37 90 112, C.R.S. The
<br /> staff shall act upon an application, or a resubmitted application, within sixty days of the receipt thereof. An incomplete application shall be returned to the applicant with an explanation;
<br /> this shall be deemed action by the staff. An application that is found to be complete and requires a publication, shall be submitted to the appropriate newspaper for publication; which
<br /> shall also be deemed action by the staff. Publication does not require a favorable staff finding and no such indication shall be made. The publication shall indicate (a) the name
<br /> of the applicant, (b) the well permit number, presently permitted annual volume, presently permitted pumping rate, presently permitted well location, and presently permitted irrigated
<br /> land or other appropriate description of type of use for each well included within the application, and (c) a general statement describing the changes requested by the applicant. The
<br /> publication shall also indicate the deadline and location for filing any objections to the application.
<br /> 7.2.1 The following types of applications may be authorized without publication:
<br />
<br /> A. A decrease in either the pumping rate, annual appropriation or acreage to be irrigated by a well;
<br />
<br /> B. A correction in the description of the acreage historically irrigated which is at least 70% within the description of acreage authorized by the conditional permit or the final
<br /> permit, if a final permit has been granted for the well; or
<br />
<br /> C. A temporary change of use to overcome an emergency situation for a time period not to exceed ninety days if the staff determines the change will not cause material injury to the
<br /> vested rights of other appropriators. An emergency situation is defined as a situation affecting public health or safety where a water supply is needed more quickly than the time required
<br /> to process a permanent change in use.
<br />
<br /> 7.2.2 If an emergency situation as defined in Rule 7.2.1(C) will last for more than ninety days, a temporary change of use may be approved for a time period not to exceed one year,
<br /> if the staff determines that the change will not cause material injury to the vested rights of other appropriators and the following requirements have been met: (a) an application for
<br /> a permanent change of use has been filed; (b) the publication of the permanent change application has been initiated; and (c) the publication describes both the temporary change of
<br /> use and the permanent change of use requested by the applicant. All objections to both the temporary and permanent changes of use will be heard and resolved using the normal hearing
<br /> process for change of use applications. If the hearing officer (or the Commission) enters a decision which is different than the decision of the staff regarding an emergency situation,
<br /> the decision of the hearing officer (or the Commission) shall immediately supersede the decision of the staff. Any extension of a temporary approval beyond one year, if the emergency
<br /> situation continues and the permanent change of use hearing process has not been completed, will be considered and acted upon by the hearing officer (or the Commission) and not by the
<br /> staff.
<br />
<br />7.3 Change of Well Location In determining whether a proposed new well location will cause material injury to the vested rights of other appropriators, the following factors shall
<br /> be considered for wells other than those wells covered by Rule 6 and Rule 7.3.6.
<br />
<br /> 7.3.1 The applicant shall be required to provide evidence of historic withdrawals and depletions of water from the well, in accordance with Rule 7.10. In addition, to crop data, applicant
<br /> may be required to submit a wire to water pump efficiency test and power use data. Terms and conditions shall be imposed to prevent an increase over historic depletion to the aquifer.
<br />
<br />
<br /> 7.3.2 Where the proposed well site would have a greater saturated thickness than the original site, terms and conditions shall be imposed to limit future withdrawals to the permitted
<br /> historic withdrawal of the well. Future withdrawals shall also be limited so as to not exceed the amount of water physically divertable at the well site if the well was replaced under
<br /> Rule 6. Limitations on future diversions may include consideration of the effect of any future water level declines at the original site.
<br />
<br />
<br /> 7.3.3 No relocation site shall place a well closer to an existing well than the minimum distance required for new wells under rule 5 unless specifically approved by the Commission,
<br /> or unless the owner of the existing well gives a waiver of claim of injury in writing.
<br />
<br /> 7.3.4 For the Northern High Plains Designated Ground Water Basin, a request to change the location of any well in excess of 300 feet from the original permitted site shall be denied,
<br /> unless there is water available for appropriation at the proposed well location using the methodology described in Rule 5.2.2.
<br />
<br /> 7.3.5 For all designated ground water basins other than the Northern High Plains Designated Ground Water Basin, a request to change the location of any well in excess of 1/2 mile from
<br /> the original permitted site shall be denied.
<br />
<br /> 7.3.6 A change in the permitted site of the well to allow its original historic site in the field may be approved by the Commission without any other requirements of Rule 7.3 provided
<br /> that, based upon the records available in the State Engineer's office, the same permit could have been issued by the Commission at that location at the time the well was constructed,
<br /> and that such a change will not otherwise cause material injury to the vested rights of other appropriators.
<br />
<br />7.4 Change of Description of Irrigated Acres (No Increase in Acreage).
<br />
<br /> 7.4.1 An application to change the description of acres may be approved if a right to irrigate the claimed number of acres is established pursuant to Sections 37-90-107 and 108, C.R.S.,
<br /> and the requested change will not result in any material injury to the vested rights of other appropriators.
<br />
<br /> 7.4.2 Applications filed for a change of description of irrigated acres shall be deemed as an application for rotational acres to be evaluated under Rule 7.5 if the permit has already
<br /> been granted a change of description of acres by the Commission twice within the last four years.
<br />
<br />7.5 Increase in Permitted Irrigated Acreage (Including Rotation of Acres)
<br />
<br /> 7.5.1 Application shall be on a form prescribed by the Commission. No application shall be considered complete without a statement from the applicant agreeing to comply with metering
<br /> and administrative requirements set forth in the application.
<br />
<br /> 7.5.2 Implementing the practice of rotational acres shall be considered an increase in the permitted irrigated acreage and subject to the requirements of Rule 7.5.
<br />
<br /> 7.5.3 An increase in acreage allowed to be irrigated shall not result in an increase over the amount of water historically depleted by the well from the aquifer. The future average
<br /> annual appropriation allowed from a well under this Rule shall not exceed the average legal historic withdrawal of water from the well and may be less than the historic withdrawal to
<br /> ensure no increased depletion of the aquifer, i.e., to compensate for any reduction in return flows back to the aquifer . The burden of proof for the application shall rest with the
<br /> applicant. The provisions of Rule 7.10 shall apply to establish the historic withdrawal and depletion by a well.
<br />
<br /> 7.5.4 The allowed maximum annual amount of withdrawal from a well shall be administered by the three-year modified banking provisions of Rule 7.11.
<br />
<br /> 7.5.5 Administrative Conditions The following conditions are necessary in order to control and monitor ground water withdrawals when operating under an approval of expanded acres:
<br />
<br /> 7.5.5.1 All wells approved for expanded acres shall have a flow meter installed and approved by the Commission or its authorized agent. Any alternate method or device for measurement
<br /> instead of a flow meter must be Commission approved. A backup meter shall be kept on hand unless a specific backup water measurement program is approved by the staff.
<br />
<br /> 7.5.5.2 No person shall begin the irrigation of expanded acres until the well owner has signed a contract with the Management District or the Commission to pay the actual cost of administration,
<br /> or until the well owner has contracted with a person or entity acceptable to the Commission to perform the same services as would otherwise be performed by the Commission, and the Commission
<br /> determines, after consultation with the District, that the terms of the said contract provide for the required administration of the expanded acres.
<br />
<br />7.6 Commingling
<br />
<br /> 7.6.1 Commingling of water from two or more wells may be allowed by the Commission to achieve greater efficiency of water use, to encourage new irrigation methods, to facilitate water
<br /> availability during temporary shutdown of a well or for any other purpose that enhances the beneficial use of water without causing material injury to vested rights.
<br />
<br /> 7.6.2 A commingling request may be approved only upon such terms and conditions as will prevent material injury to the vested rights of other appropriators. For irrigation wells the
<br /> applicant shall also be required to demonstrate that the acre feet per acre appropriation of each well to be commingled is the same when used on their originally permitted acreages.
<br /> The data required may include crop data, irrigation methods, pump tests and power records.
<br />
<br /> 7.6.3 The withdrawal from each individual well shall not exceed its permitted annual acre feet appropriation and may be further restricted to ensure no increase in the historic depletion
<br /> of the aquifer.
<br />
<br /> 7.6.4 Since commingling may be considered as a mechanism of achieving an alternate point of diversion, commingling shall not be allowed where the effect is to enable a greater withdrawal
<br /> of water than would otherwise be available. For example, commingling shall not be approved if it results in supplementing the water needs of a use served by a poorly producing well
<br /> by commingling this well with a better producing well.
<br />
<br /> 7.6.5 Commingling shall not be allowed where the intent or effect is to perfect the water right of a well by means of diversions through another well.
<br />
<br /> 7.6.6 All wells approved for commingling shall have a flow meter installed at their individual wellhead and all such wells must be connected together with pipe(s) or other water-carrying
<br /> devices of reasonable size sufficient to carry water for the requested use. No commingling of water shall actually commence without first obtaining a commingling permit from the Commission
<br /> and the approval of the improvements required by this Rule, from the Commission or its authorized agent.
<br />
<br /> 7.6.7 No person shall begin the actual commingling of water of such wells until the owner of the wells has signed a contract with the Management District or the Commission to pay the
<br /> actual cost of administration or until the owner has contracted with a person or entity acceptable to the Commission to perform the same services as would otherwise be performed by
<br /> the Commission, and the Commission determines, after consultation with the District, that the terms of the said contract provide for the required administration of the commingling of
<br /> the wells.
<br />
<br />7.7 Change of Type of Use (With or Without Export from a Designated Basin)
<br />
<br /> 7.7.1 A change of type of use or an export out of a designated basin shall not result in an increase over the historic depletion of the aquifer by the well. The future average annual
<br /> withdrawal from a well under this Rule shall not exceed the average annual legal historic withdrawal by the well and may be less than this amount to ensure no increased depletion of
<br /> the aquifer, i.e. to compensate for any reduction in return flows back to the aquifer. Where a change in the season of use will result in an increased ability to withdraw water, conditions
<br /> or limitations shall be imposed to prevent the changed season of use from resulting in an increase in the withdrawal of water over what would occur during the original season of use
<br /> under present and future aquifer conditions at the original point of withdrawal.
<br />
<br /> 7.7.2 It shall be the burden of the applicant to demonstrate the historic withdrawal of water and the resulting depletion to the aquifer. The provisions of Rule 7.10 shall apply to
<br /> determine the historic withdrawal and depletion by a well.
<br />
<br /> 7.7.3 The permitted average annual withdrawal from a well shall be controlled by the three year modified banking provisions of Rule 7.11.
<br />
<br /> 7.7.4 In consideration of the authority granted to management districts pursuant to Section 37 90 130(2)(f), C.R.S., if the requested change involves export of water out of the boundary
<br /> of a Designated Ground Water Management District, the Commission shall request written recommendation from the District and shall limit the approval of any export out of the District
<br /> to an annual acre-feet amount not to exceed the amount approved for export by the District. Such an approval shall also be limited by the provisions of Rules 7.7.1, 7.7.2, and 7.7.3.
<br />
<br />7.8 Change of Annual Volume of Appropriation A change of annual volume of appropriation that does not exceed the permitted amount for a well may be allowed as determined by the historic
<br /> use of the well within the limits of other permit parameters and provided that no material injury occurs to the vested rights of other appropriators. For irrigation use the appropriation
<br /> shall not exceed the current allowable duty of water (acre feet/acre), as determined under Rule 5.5.
<br />
<br />7.9 Increase in Pumping Rate in GPM
<br />
<br /> 7.9.1 An increase in pumping rate for a well may be allowed if such a change does not materially injure the permitted pumping capabilities of other wells and does not result in increased
<br /> depletion of the aquifer on an annual basis. Where necessary, conditions or limitations shall be imposed to prevent any increase over the historic depletion of the aquifer.
<br />
<br />7.10 Determining Historic Withdrawal and Depletion
<br />
<br /> 7.10.1 It shall be the burden of the applicant to determine the average annual historic withdrawal and depletion by a well. The evidence required to determine historic withdrawal and
<br /> depletion may include irrigation system and pump efficiency tests, information on pump and irrigation method(s), flow meter readings and water consumption records where available, power
<br /> and crop data and such other data as is determined by the staff to be necessary. Ten or more most recent consecutive years of records shall be submitted unless the applicant can show
<br /> good cause why the data cannot be supplied.
<br />
<br /> 7.10.2 No credit toward historic use shall be given for water used on acreage which exceeds the number of permitted acres, or for any other water use not authorized by the permit.
<br />
<br /> 7.10.3 The annual historic withdrawal of water computed for any given year shall not exceed the permitted annual appropriation.
<br />
<br /> 7.10.4(a) If in any given year or years the land permitted to be irrigated by a well was placed into a federal set aside or conservation reserve program resulting in limited or no
<br /> irrigation, average historic use may be computed by excluding such year(s) from the average. Annual reporting to the Commission is not required to take advantage of the provisions
<br /> of this subrule (a).
<br />
<br /> 7.10.4(b) Water diversion during the calendar year 1997 and during any successive calendar year may be excluded in computing average annual historic use provided at least ten years
<br /> of water use information is available to compute historic use and provided a written request to exclude water use for any given calendar year is received by the Commission by May 1
<br /> of that calendar year. This written request must be on a form prescribed by the Commission. To avoid having applicants pick and choose water use years during this period to maximize
<br /> the estimate of average annual historic use, a request to exclude water use for any year once submitted can not be withdrawn.
<br />
<br /> 7.10.5 Where historic withdrawal cannot be established using power records or flow meter records, the average annual historic withdrawal shall be determined as follows:
<br />
<br /> (a) for an irrigation well, the allowable average annual historic withdrawal shall be limited to the historic average of net crop irrigation requirement in acre-feet (potential crop
<br /> consumptive use minus effective precipitation) on the authorized number of acres as determined by the Modified Blaney Criddle method. This determination shall be made as an average
<br /> of such use for consecutive years for the period of record defined under Rule 7.10.1. When crops which may be grown as irrigated or dry land, i.e., pasture or winter wheat, are included
<br /> in the cropping pattern, it shall be the burden of the applicant to demonstrate the land was irrigated.
<br />
<br /> (b) For a well used for other than an irrigation use, the allowable average annual historic withdrawal shall be limited to the actual average historic use as determined from actual
<br /> records or other data establishing the amount of actual historic use. This determination shall be made as an average of such use for consecutive years for the period of record defined
<br /> under Rule 7.10.1.
<br />
<br /> 7.10.6 Limitations necessary to prevent an increase over historic depletions to the aquifer shall include a reduction in allowable withdrawal where necessary to compensate for any decrease
<br /> in return flows to the aquifer, resulting from a change in method of operation.
<br />
<br /> 7.10.7 The Commission staff will make available the values for potential crop consumptive use, effective precipitation, and net irrigation requirement for major crops at key weather
<br /> station locations in the vicinity of the designated ground water basins as computed by the Modified Blaney-Criddle method. The staff will update this information as necessary.
<br />
<br />7.11 Three-Year Modified Banking
<br />
<br /> 7.11.1 Only those wells for which a change in water right has determined historic withdrawal in accordance with Rule 7.10 can use the three-year modified banking provision. To initiate
<br /> a banking reserve, an applicant must have a written authorization from the Commission. In the first year, the applicant will be allowed to withdraw an amount up to the specified amount
<br /> determined to be the allowed average annual historic withdrawal. In successive years, the amount which can be withdrawn during the current year will be the allowed average annual historic
<br /> withdrawal plus the amount of water in banking reserve for the well, not to exceed the maximum annual permitted appropriation of that well.
<br />
<br /> 7.11.2 The maximum number of acre-feet that can be placed in banking reserve shall not exceed an amount equal to three times the difference between the maximum annual permitted appropriation
<br /> of that well and the allowed average annual historic withdrawal for that well. The annual amount of water to be added to the banking reserve is the difference in the allowed average
<br /> annual historic withdrawal minus the amount of water actually withdrawn by the well for that year. Likewise, the banking reserve shall be reduced by an amount equal to the quantity
<br /> of banking reserve water pumped by the specific well for that year.
<br />
<br /> 7.11.3 The applicant may choose to operate an irrigation well under the terms of the original permit rather than those required for expanded acres, limiting the pumping for that year
<br /> to the maximum annual permitted appropriation of that well so long as said water is applied only to the land as appropriated under its original permit and none is used elsewhere and
<br /> the well is not in violation of its permit and/or other approval conditions and any past withdrawals in excess of the approved limitations have been remedied to the Commission's satisfaction.
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