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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 LOCATED IN WATER DIVISION 7 <br /> This Statement of Basis and Purpose has been prepared to elaborate upon and clarify the <br /> reason for and intent of the Rules and Regulations Governing the Measurement of Surface Water <br /> and Groundwater Diversions and Storage, Release, and Delivery of Water Located in Water <br /> Division 7 ("Division 7 Measurement Rules" or"Rules"). The purpose of the Rules generally is <br /> to establish consistent and reliable standards to assist the State Engineer and Division Engineer <br /> for Water Division 7 in the administration, distribution, and regulation of the waters of the state <br /> in Water Division 7. Capitalized terms used in this Statement of Basis and Purpose take the <br /> meanings assigned to them in the Rules. <br /> I. Purpose <br /> Historically, the Division Engineer for Water Division 7 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 7 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. These circumstances have resulted in new and complex water court decrees, augmentation <br /> plans, exchanges, reservoir operations, and determinations of additional areas where enhanced <br /> water administration is required. More robust measurement of Diversions is needed to ensure <br /> that water is optimally delivered and used by Water Users in Water Division 7. The Rules are <br /> therefore necessary to respond to the needs of Water Users and the Division Engineer under <br /> 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 in article 84 of <br /> title 37. Sections 37-84-112 through -117, C.R.S., establish certain responsibilities related to the <br /> installation of Headgates and Measuring Devices, including the installation of gage rods and <br /> capacity tables associated with water storage structures, where necessary, in connection with <br /> taking water from any stream or controlling water at all ordinary stages. The State Engineer is <br /> 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 Division <br /> Engineer, records of energy used to pump groundwater. However, this statutory section is <br /> relevant only when the person or company is using the amount of energy consumed as the <br /> Measurement Method to determine the amount of water so diverted. <br /> 1 <br />