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

However, this will be cause for reinitiating the three-year modified banking program to the first year situation with no credit for real or claimed carryover.

7.11.4 For any situation where actual pumping cannot be determined using flow meter records and/or power meter records, it shall be the applicant's burden to demonstrate estimated pumping
from the well; (a) for irrigation use from the net crop irrigation requirement (potential crop consumptive use minus effective precipitation) as determined by the Modified Blaney-Criddle
method, (b) for any other use, from actual records or other data establishing the amount of actual use. The Commission shall make the final decision on the reasonableness of such pumping
estimates. Failure of the applicant to meet this requirement will be a cause for reinitiating the three-year modified banking program to the first year situation with no credit for
real or claimed carryover. However, any deficit or overpumping will be carried over the reinitiation of the banking program to prevent injury to other water rights.

7.11.5 The three-year modified banking program shall be adjusted to account for a change in the method of irrigation or any other factor which would affect the allowed historic depletion
of the aquifer from the well.

7.11.6 The owners of wells for which a previous change in water right has determined average annual historic withdrawal may apply to the Commission to avail themselves of the provisions
of three-year modified banking. For these applications the banking reserve for the current calendar year shall be computed using the pumping that occurred in the prior three consecutive
calendar years, so long as the well was operating under average annual historic withdrawal limits. If the well was operating under average annual historic withdrawal limits for less
than the prior three consecutive calendar years, then the actual number of prior consecutive calendar years for which the well operated under the said limits shall be used to compute
the banking reserve for the current calendar year.

RULE 8 FLOW METER REQUIREMENTS

8.1 The Commission has the authority to require a totalizing flow meter or other measuring device for any well in a designated ground water basin. In the exercise of this authority
the Commission shall consider these rules and Management District rules and regulations. In cases where Management District rules and regulations require a meter, the Commission shall
require a meter and notify the applicant of the District's meter requirements as a condition of a new permit, replacement permit, or a change of water right approval unless the District
notifies the Commission that it waives the requirement. The Commission shall require meters in the following cases regardless of the Districts' metering requirements:

A. For wells which are relocated pursuant to Rule 7.3.

B. For all increases of acreage or implementation of rotational acres pursuant to Rule 7.5.

C. For any commingling of wells pursuant to Rule 7.6.

D. For any change of type of use approved pursuant to Rule 7.7.

E. For all large-capacity wells for municipal, commercial or industrial use.

F. For all large-capacity wells completed in bedrock aquifers.

8.2 When a meter is required, it shall be the owner's responsibility to keep the meter in acceptable operating condition. The Commission may adopt standards and specifications for measuring
devices and the installation, repair, and maintenance of measuring devices. As a minimum, meters shall be installed according to the manufacturer's recommendations and shall contain
sufficient recording digits to assure that "roll over" to zero does not occur within three years. Meters shall be maintained by the well owner so as to provide a continuous, accurate
record of withdrawals. If the meter is not operational, the well shall not be pumped unless a working meter is installed or unless a specific backup water measurement program approved
by the Commission is put into effect.

8.3 The Commission may allow any alternate methods or devices for measurement instead of totalizing flow meters.

8.4 Well owners are responsible to record the meter reading as required but no less than once each year and to retain these records and submit them to the Colorado Ground Water Commission
and the applicable management district upon request.

8.5 Exceptions to these metering guidelines may be approved by the Commission on a case by case basis.

RULE 9 COORDINATION WITH GROUND WATER MANAGEMENT DISTRICTS

9.1 The Commission shall request written recommendation from the board of directors of any ground water management district before issuing any orders or promulgating any regulations
affecting that district and shall request written recommendations on any permit applications received from within the boundaries of that district.

9.2 The Commission shall contact each district for the purpose of developing a working agreement which sets criteria, timetables, and procedures for the referral requests set forth in
Section 3790111(3), C.R.S. and Rule 9.1.

RULE 10 SEVERABILITY

10.1 If any portion of these rules is found to be invalid, the remaining portion of the rules shall remain in force and unaffected.

RULE 11 VARIANCE

Applicability and Exceptions
When the strict application of any provisions of these rules would cause unusual hardship, the Commission may grant a variance for a specific instance provided a written request for
the variance is made to the Commission and the Commission finds the request justifiable in accordance with the provisions of this rule.
This rule is applicable to variance requests for all applications for new appropriations and for change applications for high capacity wells located in Designated Ground Water Basins
that require Commission action pursuant to Rule 5 and Rule 7.
This rule does not apply to variance requests made under rules other than rule 5 and rule 7. However, if an application is filed for a replacement well pursuant to Rule 6 and the application
includes a variance request to allow the well to be relocated to a place greater than the distance allowed for replacement wells as specified in Rule 6, said request shall be interpreted
by the Staff as a request for a change of water right and the Staff shall, consistent with Rule 6.1, evaluate such request pursuant to the provisions of Rule 7 and Section 37-90-111
(1)(g), C.R.S.
Requirements for Variance Requests From Rules 5 and 7
Before consideration of any request for a variance from Rule 5 or Rule 7, the Staff must receive an application for a new appropriation (Rule 5) or for a change in water right (Rule
7). An applicant seeking a variance pursuant to Rule 11 may submit the variance request at the time of application for either the new appropriation or change in water right. The applicant
may also submit a variance request after a new appropriation or change in water right application has been submitted, provided the Staff has not acted on the application. However, if
the Staff has already acted on the application (i.e. denied the application) the applicant must file a new application and request for a variance.
The Executive Director of the Commission or his Staff shall have the authority to initially review all variance requests and determine whether they are complete and ready for Commission
consideration. Such determinations shall be made within 60 days of the variance filing date. If not, the variance request will be returned to the applicant with a written description
of the deficiencies and the steps necessary to cure them. Once the variance request is deemed complete and ready for Commission consideration, it will be published. A copy of the variance
request will be sent to the appropriate Ground Water Management District.
Publication of a variance request will follow the provisions of Section 37-90-112, C.R.S.
Any hearing scheduled on the variance request will be held at the next Commission meeting, but no earlier than 14 days after the end of the statutory objection period.
The Applicant requesting the variance shall be required to pay for all publication costs associated with the variance. The Commission will not hear the request for variance unless, at
least seven days prior to the time set for the hearing, the applicant has paid all publication costs for the variance request.
COMPLIANCE - Failure to comply with any portion of this rule may subject the applicant to a denial of its variance request by the Commission.

RULE 12 REVISION

12.1 The Commission may revise any portion of these rules in accordance with the applicable provisions of the Ground Water Management Act, Article 3790, C.R.S. and the Administrative
Procedures Act, Article 244, C.R.S. Such revisions may be the result of new data and/or any other need to upgrade these rules in order to best serve the intended purpose of these
rules.

RULE 13 EFFECTIVE DATE

These rules shall become effective on May 1, 1992.
DO NOT TYPE INITIALS OR DOCUMENT NAME AT END OF DOCUMENT

RULES AND REGULATIONS FOR THE MANAGEMENT Page 2
AND CONTROL OF DESIGNATED GROUND WATER

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AND CONTROL OF DESIGNATED GROUND WATER

RULES AND REGULATIONS FOR THE MANAGMENT Page 31
AND CONTROL OF DESIGNATED GROUND WATER

District Response to Exceptions 04 05 03.pdf
FinalStaffproposedchanges.docOPTION 1 for Rule 5.2.2

5.2.2 Northern High Plains Designated Ground Water Basin  Ogallala Aquifer (including Alluvial and White River Aquifers).

5.2.2.1 The areal extent of the Ogallala Aquifer (including Alluvial and White River Aquifers) are is considered to coincide with the areal extent of the Northern High Plains Designated
Basin.
5.2.2.2 All new appropriations FROM THE OGALLALA AQUIFER (INCLUDING THE WHITE RIVER) shall be controlled by management criteria that limit the maximum allowable rate of depletion to
40% of the water in storage within the saturated materials over a 100 year period. No new appropriation that exceeds this allowable rate of depletion, absent a replacement plan, shall
be granted. The amount of water in storage shall be determined as of the date of acceptance of a complete application.

5.2.2.3 In the evaluation of new permit applications, the following threemile radius circle formula shall be used in the determination of whether an application shall be granted or
denied:

A = 640(D)(S.Y.) 3.1416 R2 H + 640(f)(Pr) 3.1416 R2
(1.0  Ir)t 12(1.0  Ir)

where,
A = Annual appropriation allowable within the circle being
evaluated in acrefeet per year
D = Allowable depletion (expressed as a decimal)
S.Y. = Specific yield (dimensionless)
R = Radius of circle (miles)
H = Average saturated thickness within the circle (feet)
t = Time period during which depletion, D, occurs (years)
Pr = Precipitation recharge (inches/yr.)
f = Fraction of Pr that is available for appropriation in the
circle (dimensionless)
Ir = Fraction of A that returns to the aquifer as deep
percolation, i.e., irrigation return (dimensionless)

The constants in the above equation are:

D = 0.4, S.Y. = 0.15, R = 3 miles, t = 100 years, f = 0.2 and
Ir = 0.15

Use of these constants in the formula above gives:

A = 12.77H + 354.82Pr

Saturated thickness, H, shall be determined by an evaluation of contour maps developed from well completion reports of existing wells as well as other pertinent available water level
data. Precipitation recharge, Pr, will be determined from Figure 18 of the report "Distribution of Ground Water Recharge," AER6667 DLR9, Colorado State University, June 1967 by Donald
L. Reddell.

5.2.2.4 When the threemile circle includes the White River Formation, located in the area as shown on figure 1, the value for Specific Yield (S.Y.) in the above formula will be 0.25.
The thickness of saturated materials, H, will be the average net sands thickness in the threemile circle. The annual available appropriation from within the threemile circle can
then be computed as:

A = 21.29H + 354.82Pr

5.2.2.5 Appropriations within the threemile circle shall be included as a chargeable appropriation against the application for the stated annual appropriation on a final permit or
for the amount evidenced to have been put to beneficial use under a valid conditional permit. The appropriation amounts on all new conditional permits and prior applications not yet
permitted shall also be included as chargeable amounts against the application.

5.2.2.6 When an application is received within 3 miles of the state line or the boundary of the Northern High Plains Designated Basin, the volume of water in storage, the amount of
precipitation recharge and the existing appropriations shall be calculated in such a way as to only include those amounts within the basin and within Colorado.

5.2.2.7 When an application is received within 3 miles of the administrative line shown in Figure 1, the amount of water in storage shall be determined by adding the amounts of water
in storage under the parts of the threemile circle in the net sand area (Rule 5.2.2.4) and the regular sand area (Rule 5.2.2.3).

5.2.2.8 No new application for a well in the Ogallala Aquifer absent a replacement plan, shall be granted in an area within three miles of a point of live flow on the North Fork of
the Republican River, Chief Creek, or their tributaries. This area is shown in Figure 2.

5.2.2.9 5.2.2.8 The following sections in Kiowa and Prowers Counties are deemed overappropriated for the Ogallala Aquifer (including Alluvium) 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.

5.2.2.9 No new application for a permit to withdraw ground water from the Ogallala Aquifer (including Alluvial and White River Aquifers), absent a replacement plan, shall be granted
where the new appropriation either exceeds the allowable rate of depletion (40 percent in 100 years) and/or will cause any depletion in time, amount, or location to any stream within
the RRCA ground water model domain, approved in the final settlement stipulation for the case Kansas v. Nebraska and Colorado, no. 126 original. the STREAM depletion shall be determined
by the RRCA ground water model and will extend over a 100-year period.

5.2.2.10 Any replacement plan must be adequate to prevent material injury to All water rights (INCLUDING ANY INJURY CAUSED TO GROUND WATER RIGHTS WITHIN ANY THREE-MILE CIRCLE IN ACCORDANCE
WITH rULES 5.2.2.3 AND 5.2.2.4) of other appropriators in accordance with Rule 5.6. the plan must also provide for the replacement of any depletions caused to streams within the RRCA
ground water model domain.