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CO LO R A D O <br /> Division od Water Resources <br /> -- -- Department of Natural Resources <br /> Water Division* Main Office <br /> FREQUENTLY ASKED QUESTIONS <br /> Division 4 Measurement Rules <br /> {}: Do the Rules require down-ditch water users to measure their deliveries from the <br /> ditch? <br /> A: No. The Rules require measurement of Diversion Structures where water /s removed from <br /> its natural course, not deliveries from a ditch where water has already been diverted. A <br /> sentence was added under Rule 3'1 to make this clearer. However, ponds and reservoirs that <br /> are not exempted from the Rules ashead stabilization ponds might still be required to be <br /> measured, and in some circumstances the Division Engineer might require the measurement <br /> nf waste ditches orvvastevvuysas "Other Structures" un defined in Rule 4.1.14' Ditch <br /> companies or other water supply entities might have their own measurement requirements <br /> separate from the Rules for individual water users on n ditch. <br /> Q: Do the Rules apply totransmnmuntain diversions? <br /> A: Yes. If the Diversion Structure is located in Division 4' even if the diverted water is <br /> exported for use in another Division, that Diversion Structure is subject to the Rules, including <br /> that it be equipped with a Measurement Method. The Measurement Method itself may be <br /> located in the Division of import if that otherwise complies with the Rules. <br /> Q: Do the Rules apply to wells? <br /> A: Yes. The definitions of ^'Diversinn" and "Diversion SLructure" include welts. <br /> Q. Do the Rules apply to stock ponds? <br /> A: It depends' Rule 3'1.2 exempts "Ponds used for the limited purposes of livestock watering, <br /> wiidhfevvatering, fire protection, or any combination thereof that are not fitted by a <br /> Diversion from a natural stream." 5o many, but not all, stock ponds wilt be exempt from the <br /> Rules. But ifo pond is filled via a ditch or if the pond has uses in addition to those mentioned <br /> above, then the Rules likely apply. You are encouraged to [each out to your Water <br /> Commissioner to determine if your stock pond is exempt from the Rules. <br /> [: Do the Rules apply to instreamn flow water rights? <br /> A: No. |nstream flow water rights are outside the scope of the Rules because they are not <br /> Diversions, and the Rules apply to Diversions and Other Structures. The Rules are about the <br /> physical measurement and control of water, and the structures covered by the Rules <br /> (primarily Diversion Structures) involve some physical impact to the natu[n| flow ofthe <br /> stream, which is not the case for insLr*arn flow water rights. DYYR retains the authority to <br /> require measurement ofwater rights, including insLr*nnm flow water rights' when necessary. <br /> DVYR's current practice is to require measurement of instreanm f tow water rights if they call <br /> for water. The Rules don't change the status quo ofinstreumn f tow water right administration <br /> /541 Oxbow Drive, Suite 1625' Montrose, coa/^n1 p9m.z*v.ouzz uwr.cola raun.xov <br /> Jared s. poh,. Governor | Dan Gibbs, owu Executive Director | Jason T. Ullman, State Engineer/oi,ectur <br />