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DRAFT— FOR COMMENT PURPOSES ONLY <br /> 9/29/2025 <br /> RULES AND REGULATIONS GOVERNING THE MEASUREMENT OF SURFACE <br /> WATER AND GROUNDWATER DIVERSIONS AND STORAGE, RELEASE,AND <br /> DELIVERY OF WATER LOCATED IN WATER DIVISION 5 <br /> ORDER OF THE STATE ENGINEER <br /> IT IS ORDERED that the following rules governing the measurement of surface water and <br /> Groundwater diversions and storage, release, and delivery of water located in Water Division 5 <br /> are adopted by the State Engineer. <br /> Rule 1. Title <br /> The title of these rules and regulations is "Rules and Regulations Governing the Measurement of <br /> Surface Water and Groundwater Diversions and Storage, Release, and Delivery of Water <br /> Located in Water Division 5." In this document these rules and regulations may be referred to as <br /> "Rules." <br /> Rule 2. Authority <br /> In order for the State Engineer and Division Engineer for Water Division 5 to obtain information <br /> needed for the administration, distribution, and regulation of the waters in Water Division 5, it is <br /> necessary to adopt rules governing the measurement of surface water and groundwater diversions <br /> and storage, release, and delivery of water located in Water Division 5. The State Engineer's <br /> authority to adopt these Rules is based on section 37-80-102(1)(g), C.R.S., which vests <br /> rulemaking authority for the Division of Water Resources in the State Engineer; section 37-92- <br /> 501, C.R.S., which authorizes the State Engineer to adopt rules and regulations to assist in the <br /> performance of the administration, distribution, and regulation of the waters of the state in <br /> accordance with the constitution of the State of Colorado, the provisions of article 92 of title 37, <br /> C.R.S., (The Water Right Determination and Administration Act of 1969), and other applicable <br /> laws; section 37-92-502(5)(a), C.R.S., which authorizes the State Engineer to order any owner or <br /> user of a water right to install and maintain, at such owner's or user's expense, necessary meters, <br /> gages, or other measuring devices and to report at reasonable times to the appropriate Division <br /> Engineer the readings of such meters, gages, or other measuring devices; and section 37-92- <br /> 502(5)(b), C.R.S., which authorizes the State Engineer to order any person or company <br /> supplying energy used to pump groundwater to provide, at reasonable times to the Division <br /> Engineer, records of energy used to pump groundwater. <br /> 1 <br />