11/8/2022 10:47:11 AM
11/4/2022 9:52:18 AM
Division 6 Measurement Rules
Document Type - Rulemaking
Filed with Water Court: State Engineer's Statement of Basis and Purpose for Rules and Regulations Governing Measurement of Surface Water and Groundwater Diversions and Storage, Release and Delivery of Water Located in Water Division 6
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STATE ENGINEER'S STATEMENT OF BASIS AND PURPOSE FOR RULES AND REGULATIONS <br /> GOVERNING THE MEASUREMENT OF SURFACE WATER AND GROUNDWATER DIVERSIONS AND <br /> STORAGE,RELEASE,AND DELIVERY OF WATER 149CVETflitly"got 1NV!IN3u11 PM <br /> FILING ID: 464D865B9EFC4 <br /> This Statement of Basis and Purpose has been pre$ t6VM b te'Qi n a i larify the <br /> reason for and intent of the Rules and Regulations Governing the Measurement of Surface Water <br /> and Groundwater Diversions and Storage of Water Located in Division 6 ("Division 6 <br /> Measurement Rules" or"Rules"). The purpose of the Rules generally is to establish consistent <br /> and reliable standards to assist the State Engineer and Division Engineer for Water Division 6 in <br /> the administration, distribution, and regulation of the waters of the state in Water Division 6. <br /> Capitalized terms used in this Statement of Basis and Purpose take the meanings assigned to <br /> them in the Rules. <br /> I. Purpose <br /> Historically, the Division Engineer for Water Division 6 would issue individual orders <br /> for the installation or repair of Headgates and Measuring Devices for any Diversions without <br /> existing or workable Headgates or Measuring Devices when a stream system became subject to <br /> an administrative call or when the Diversion was identified as a key administration point. The <br /> need for administrative calls in Water Division 6 has increased in recent decades due to reduced <br /> water supplies caused by drought conditions and increased demands for new water uses and <br /> rights. In many areas, Water Division 6 has experienced multiple years where unprecedented <br /> administrative calls occurred, highlighting the tightening of supplies and increased competition <br /> for the limited water resource. These circumstances have resulted in new and complex water <br /> court decrees, augmentation plans, exchanges, reservoir operations, and determinations of <br /> additional areas where enhanced water administration is required. More robust measurement of <br /> Diversions is needed to ensure that water is optimally delivered and used by Owners and Users <br /> of vested water rights in Water Division 6. The Rules are therefore necessary to respond to the <br /> needs of the Water Users and the Division Engineer under these circumstances. <br /> II. Authority for Proposed Rulemaking <br /> A. Statutory Authority for the Installation of Headgates and Measuring Devices <br /> The Colorado Revised Statutes set forth responsibilities of Water Users and Owners in <br /> article 84 of title 37. Sections 37-84-112 through-117, C.R.S., establish certain responsibilities <br /> related to the installation of Headgates and Measuring Devices, including the installation of gage <br /> rods and capacity tables associated with water storage structures, where necessary, in connection <br /> with taking water from any stream or controlling water at all ordinary stages. The State Engineer <br /> is authorized to order any Owner or User of a water right to install and maintain, at such owner's <br /> or user's expense, necessary meters, gages, or other measuring devices and to report at <br /> reasonable times to the appropriate Division Engineer the readings of such meters, gages, or <br /> other measuring devices,pursuant to section 37-92-502(5)(a), C.R.S. In addition, section 37-92- <br /> 502(5)(b), C.R.S., authorizes the State Engineer to order any person or company supplying <br /> energy used to pump groundwater to provide, at reasonable times to the appropriate <br /> Division Engineer, records of energy used to pump groundwater. However, this statutory section <br /> 1 <br />
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