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Public Notices

NOTICE OF LOST CREEK GROUNDWATER MANAGEMENT DISTRICT HEARING
ON ADOPTION OF PROPOSED ADDITIONS TO RULES AND REGULATIONS

A hearing will be held at 7:00 p.m. on September 26, 2013, before the Board of Directors of the Lost Creek Groundwater Management District to consider adoption of the following Rules 19 through 23 into the District’s Rules and Regulations.  The hearing will be held at the Prospect Valley Firehouse, Prospect Valley, Colorado.

Additional Rules 19-23 are proposed as follows:

19.     Denver Basin Aquifers: 300 year aquifer life.  This rule 19 shall apply to  all wells permitted following the effective date of the rule issued pursuant to §37-90-107, C.R.S. and completed into the Denver, Arapahoe or Laramie-Fox Hills formations, with the exception of certain replacement wells as described below.  If the Colorado Ground Water Commission issued a determination of water rights pursuant to §37-90-107(7)(c)(I)(C) prior to the effective date of this rule 19, withdrawals from such wells shall be limited to amounts consistent with the determination.  If no determination was issued prior to the effective date of this rule 19,  withdrawals shall be limited to an amount consistent with a 300 year aquifer life.  Replacement wells constructed pursuant to a permit issued under §37-90-111(1)(c), C.R.S. shall be subject to the provisions of this rule 19 if the well to be replaced was permitted after the effective date of the rule and subject to its requirements.

Adopted ________________, 2013.

20.    Meters.  All wells permitted pursuant to §37-90-107, C.R.S. following the effective date of this rule, with the exception of certain replacement wells described below, shall be fitted with a District approved, calibrated, totalizing flow meter at the well owners’ expense. Well owners shall report the amount of water withdrawn from the well to the District on an annual basis no later than January 31.   The well owner shall provide District personnel access to the meter for inspection upon reasonable notice.  Wells included in the scope of this rule shall include, without limitation, wells issued an amended conditional or final permit pursuant to §37-90-111(1)(g), C.R.S. following a change in place or type of use proceeding.  Replacement wells constructed pursuant to a permit issued under §37-90-111(1)(c), C.R.S. shall be subject to the provisions of this rule 20 if the well to be replaced was permitted after the effective date of the rule and subject to its requirements.

Adopted ________________, 2013.

21.     Large Capacity Wells: Use to Supply Subdivisions, Cluster Developments and Municipal and Industrial Water Providers
   
a.    This rule shall be applicable to all wells permitted pursuant to § 37-90-107, C.R.S. after the effective date of the rule, with the exception of certain replacement wells described below, for withdrawals from the Lost Creek Alluvial, Denver, Arapahoe, and Laramie-Fox Hills aquifers for the purpose of: (a) Supplying water to one or more single family residence(s), condominium(s), apartment(s), or multiple-dwelling unit(s) located in any subdivision, as defined by §37-28-101(10), C.R.S. (“Subdivision”) or cluster development, as defined by §30-28-401 et seq, C.R.S. (“Cluster Development”); (b) Supplying water for the irrigation of greenbelts, common areas, outlots, or equivalent in any Subdivision or Cluster Development; (c) Supplying water to ponds, reservoirs, creeks, ditches, fountains, or other water features in any Subdivision or Cluster Development; or (d) Supplying water to a municipal and/or industrial water provider that provides water to residential properties, including, without limitation, a city, town, water district, conservancy district, water and sanitation district, special district, or metropolitan district.   Wells included in the scope of this rule shall include, without limitation, wells issued an amended conditional or final permit pursuant to §37-90-111(1)(g), C.R.S. following a change in place or type of use proceeding, and wells permitted in reliance upon a Ground Water Commission approved replacement plan.  Replacement wells constructed pursuant to a permit issued under §37-90-111(1)(c), C.R.S. shall be subject to the provisions of this rule 21 if the well to be replaced was permitted after the effective date of the rule and subject to its requirements.  The rule limits withdrawals from affected wells within the Lost Creek Ground Water Management District, regardless of whether the Subdivision, Cluster Development, or municipal and industrial provider use occurs within or outside District boundaries.

i.    For wells proposed to be used to supply a Subdivision that has received final approval from the applicable governing authority prior to the effective date of this rule, withdrawals, both individual and cumulative, shall be limited to the amounts set forth in the most recent Subdivision Water Supply letter issued by the Office of the State Engineer pursuant to §30 28 136(1)(h)(I) for the Subdivision in which the State Engineer makes a finding of no injury. For the purposes of this rule, each filing or phase of a Subdivision requiring additional or supplemental approval of any kind shall constitute a separate Subdivision. In the absence of a letter issued pursuant to § 30 28 136(1)(h)(I), withdrawals shall be limited as set forth in subsection (a)(ii) of this rule.

ii.    For all other wells, except those governed by the Bennett Intergovernmental Agreement described in subparagraph (a)(iv) below, withdrawals shall not exceed .4 acre feet per year per single family residence, single condominium unit, apartment unit, single unit within a multiple dwelling unit, or equivalent within the Subdivision or Cluster Development supplied by the well.  In the event a Subdivision or Cluster Development is supplied by multiple wells, production from all wells supplying the Subdivision or Cluster Development shall not exceed the product of (the number of single family residences, single condominium units, apartment units, single units within a multiple dwelling unit or equivalent within the Subdivision) X (.4) acre feet per year. 

iii.    In the event wells deliver water directly to a municipal and/or industrial provider, the well owner may comply with the requirements of this rule by providing a certification from the municipal and industrial provider that the water delivered from the wells will be used to supply residences at a rate not to exceed .4 acre feet per individual dwelling unit.  The certification shall identify the Subdivision(s) or developments limited to .4 acre feet per dwelling unit. 

iv.    For so long as the Intergovernmental Agreement between the Lost Creek Groundwater Management District and the Town of Bennett dated December 14, 1999 remains effective pursuant to its terms, wells located within the present and future boundaries of the Town of Bennett shall be limited to a withdrawal of .5 acre feet per year per single family residence, single condominium unit, apartment unit, single unit within a multiple dwelling unit, or equivalent within the Subdivision or Cluster Development supplied by the well.  In the event a Subdivision or Cluster Development is supplied by multiple wells, production from all wells supplying the Subdivision or Cluster Development shall not exceed the product of (the number of single family residences, single condominium units, apartment units, single units within a multiple dwelling unit or equivalent within the Subdivision) X (.5) acre feet per year.

v.    Nothing in this rule shall be interpreted to allow withdrawals in excess of the amount allowed by any applicable Ground Water Commission Determination or Permit, or Rule 19 herein, or to obviate the need for a Ground Water Commission approved replacement plan, where applicable.

Adopted  ________________, 2013.

22.     Large Capacity Wells - Residential Use Outside Subdivisions and Cluster Developments

a.    This rule shall be applicable to all wells permitted pursuant to § 37-90-107, C.R.S. after the effective date of the rule, with the exception of certain replacement wells described below, for withdrawals from the Lost Creek Alluvial, Denver, Arapahoe, and Laramie-Fox Hills aquifers for the purpose of supplying one or more single family residences located or to be located outside a Subdivision or Cluster Development. Wells included in the scope of this rule shall include, without limitation, wells issued an amended conditional or final permit pursuant to §37-90-111(1)(g), C.R.S. following a change in place or type of use proceeding, and wells permitted in reliance upon a Ground Water Commission approved replacement plan.  Replacement wells constructed pursuant to a permit issued under §37-90-111(1)(c), C.R.S. shall be subject to the provisions of this rule 22 if the well to be replaced was permitted after the effective date of the rule and subject to its requirements.  The rule limits withdrawals from affected wells within the Lost Creek Ground Water Management District, regardless of whether the residential use occurs within or outside District boundaries.  

i.    Production shall be limited to 15 gallons per minute and withdrawals shall not exceed 1 acre foot per year.
ii.    A well may serve up to two residences on a single parcel.
iii.    In the event wells deliver water directly to a municipal and/or industrial provider, the well owner may comply with the requirements of this rule by providing a certification from the municipal and industrial provider that the water delivered from the wells will be used to supply residences outside existing Subdivisions and Cluster Developments at a rate not to exceed 15 gallons per minute and 1 acre foot per year per parcel with one or more residential units.  The certification shall identify the location of the parcels to be provided water and the number of residences on each parcel.
iv.    Nothing in this rule shall be interpreted to allow withdrawals in excess of the amount allowed by any applicable Ground Water Commission Determination or Permit, or Rule 19 herein, nor to obviate the need for a Ground Water Commission approved replacement plan, where applicable.

Adopted  ________________, 2013.

23.    Large Capacity Wells- Commercial and Industrial Uses.

a.    This rule shall be applicable to all wells permitted pursuant to § 37-90-107, C.R.S. after the effective date of the rule, with the exception of certain replacement wells described below, for withdrawals from the Lost Creek Alluvial, Denver, Arapahoe, and Laramie-Fox Hills aquifers for the purpose supplying a Commercial Business.  For the purposes of this rule, a Commercial Business shall be defined as a business that will (a) be operated by the well owner and that will have its own books, bank accounts, checking accounts, and separate tax returns; (b) use water solely on the land indicated on the proposed permit for the purposes stated in the proposed permit; and (c) will maintain its individual assets and will own or lease the property upon which the well is to be located.   Wells included in the scope of this rule shall include, without limitation, wells issued an amended conditional or final permit pursuant to §37-90-111(1)(g), C.R.S. following a change in place or type of use proceeding, and wells permitted in reliance upon a Ground Water Commission approved replacement plan.  Replacement wells constructed pursuant to a permit issued under §37-90-111(1)(c), C.R.S. shall be subject to the provisions of this rule 23 if the well to be replaced was permitted after the effective date of the rule and subject to its requirements.  The rule limits withdrawals from affected wells within the Lost Creek Ground Water Management District serving Commercial Businesses located in areas within and outside District boundaries.  

i.    Well permits for Commercial Businesses shall be available pursuant to the applicable laws of the State of Colorado, Ground Water Commission rules, and these rules. Withdrawals shall be further limited to the amount reasonably necessary to supply the present and future needs of the proposed Commercial Business, as established by the Board of Directors of the District in consultation with the Colorado Ground Water Commission.

ii.    In the event wells deliver water directly to a municipal and/or industrial provider, the well owner may comply with the requirements of this rule by providing a certification from the municipal and industrial provider identifying the Commercial Business(es) the well is proposed to supply, the amounts of water proposed to be provided to each, and the uses proposed for the water.  Withdrawals shall be limited to the amount reasonably necessary to supply the present and future needs of the proposed Commercial Business(es), as established by the Board of Directors of the District in consultation with the Colorado Ground Water Commission.

iii.    Nothing in this rule shall be interpreted to allow withdrawals in excess of the amount allowed by any applicable Ground Water Commission Determination or Permit, or Rule 19 herein, or to obviate the need for a Ground Water Commission approved replacement plan, where applicable.

Adopted  ________________, 2013.

All objections, either to the published notice or any matter contained therein, shall be in writing and shall briefly state the nature of the objection and shall be filed in the District office at the following address by September 19, 2013. (§37-90-112, C.R.S.)

LOST CREEK GROUNDWATER MANAGEMENT DISTRICT
50005 E. 120th Ave., Bennett, Colorado, 80102
BY:  Paulie Zimbelman, President
Board of Directors

Legal #1654
Published in the Eastern Colorado News August 9, 2013, and August 16, 2013.