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PROPOSED CHANGES TO 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 Republican River Compact Administration (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 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. C:\GWC\Rules\Nov04 Rule Changes\FinalNoticeRuleChangesNov04.doc Note: Any deletions are shown by striking a line through the letters. Any additions are shown by capital letters. C:\GWC\Rules\Nov04 Rule Changes\FinalNoticeRuleChangesNov04.doc Minutes-3rd '04.doc MINUTES THIRD QUARTERLY MEETING COLORADO GROUND WATER COMMISSION AUGUST 20, 2004 The Third Quarterly Meeting of the Colorado Ground Water Commission took place on August 20, 2004, at the Northern Colorado Water Conservancy District Headquarters, 220 Water Avenue, Berthoud, Colorado. Chairman Earnest Mikita called the meeting to order at 8:30 a.m. Marta Ahrens called the roll and determined that a quorum was present. Commission members present were Eugene Bauerle, Larry Clever, Dennis Coryell, Richard Huwa, Frank Jaeger, Robert Loose, Max Smith, Russell George, and Hal Simpson. Commissioners Ralph Curtis and Ted Kowalski were absent. Review and Approval of Agenda Items - There were no additions or changes to the agenda. Approval of Minutes for Meeting of May 21, 2004 - Chairman Mikita asked if there were any corrections or additions to the Minutes of the May 21, 2004 meeting. Commissioner Jaeger moved to accept the Minutes; the motion was seconded by Commissioner Coryell and carried unanimously. Report of the Executive Director by Hal Simpson – Mr. Simpson thanked Brian Werner of the Northern Colorado Water Conservancy District for the tour of the Colorado Big Thompson Project and the use of their facility for the Commission meeting. Mr. Simpson reported that he and Ken Knox have been deeply involved in the initial activities of the Republican River Water Conservation District. Commissioner Coryell was elected as Chairman of the District, and Commissioner Bauerle as Board Member. Mr. Jack Dowell, of the W-Y Ground Water Management District is also a Board Member. Mr. Simpson stated that there’s a lot of work to be done in a very short period of time to try to come up with cost estimates to fund programs to bring Colorado back into compliance over the initial five-year period, especially if the state faces another dry year. Mr. Simpson stated that a lot of effort is going on to solving problems and protecting that part of the state’s agriculture. Mr. Simpson also reported on the water supply conditions through the state, the upcoming State Fair that is scheduled to open on Saturday, August 21, and DWR’s water exhibit at the State Fair. He also stated that Mr. Bill Fronczak resigned from DWR to take on new opportunities and challenges in the private sector. Hearing on the appeal of the Hearing Officer’s Initial Decision (Case No. 03-GW-14) in the matter of an appeal to district rules adopted by the Upper Black Squirrel Creek Ground Water Management District by Andrew Jones, Attorney for the District. Chairman Mikita called the hearing to order. Mr. Pat Kowaleski, Assistant Attorney General, was Conflicts Counsel representing the Commission. The following persons addressed the Commission: