DEPARTMENT OF NATURAL RESOURCES Division of Water Resources RULES AND REGULATIONS FOR THE PERMITTING AND USE OF WATERS ARTIFICIALLY RECHARGED INTO THE DAWSON, DENVER, ARAPAHOE, AND LARAMIE-FOX HILLS AQUIFERS 2 CCR 402-11 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ RULE 1 TITLE The title of these rules and regulations is “Rules and Regulations for the Permitting and Use of Waters Artificially Recharged Into the Dawson, Denver, Arapahoe, and Laramie-Fox Hills Aquifers” . The short title for these rules and regulations is “Denver Basin Artificial Recharge Extraction Rules” . They may be referred to herein collectively as the “Rules” and individually as a “Rule” . RULE 2 AUTHORITY These rules and regulations are promulgated pursuant to the authority granted the State Engineer in Sections 37-80-102(1)(g) and (k), 37-90-138, C.R.S. (1990 Rep), and 37-90-137(9)(d), C.R.S. (1990 Rep, 1994 Supp).

RULE 3 SCOPE AND PURPOSE 3.1 These rules apply to the evaluation and processing of applications for permits to extract water which has been artificially recharged into one or more of the Denver Basin aquifers, identified as the Dawson, Denver, Arapahoe, or Laramie-Fox Hills aquifers located outside the boundaries of any designated ground water basin.

3.2 The naturally occurring water contained in these Denver Basin aquifers is a significant but finite resource. Artificial recharge of these aquifers by injection of surface and/or ground water for the purpose of subsequent extraction, or for maintaining water levels will extend the life of this resource. The rules promulgated herein are required to enable the State Engineer to administer the orderly withdrawal of any water artificially recharged into these aquifers.

3.3 Withdrawal of artificially recharged water may be accomplished through an existing well, or through a well specifically constructed for the purpose of extracting artificially recharged water. These rules and regulations apply to the permitting and construction of extraction wells, for the permitting of extraction through the extended use of existing wells, and for the assessment of application fees. Their purpose is to make the submission, consideration and evaluation of permit applications more uniform and certain. The granting of permits also provides the State Engineer the means to monitor and record the development and use of artificially recharged water.

3.4 These rules establish minimum standards for documenting the nature and amount of artificially recharged water available for extraction from the Denver Basin aquifers.

3.5 Pursuant to Section 37-90-137(9)(d), C.R.S. (1990 Rep, 1994 Supp), the extraction of artificially recharged water is recognized as a beneficial and conjunctive use of surface and ground water resources. These rules provide for the submission and evaluation of permit applications to extract and use water which has been artificially recharged into the Denver Basin aquifers. These rules Code of Colorado Regulations 1 also provide for the consideration of impacts to existing wells and other water rights by the extraction of recharged water.

3.6 These rules define the State Engineer's authority to monitor and observe the extraction and use of artificially recharged water and to require the installation of measuring devices, to prevent injury to existing surface water rights and existing users of, and rights to water from the Denver Basin aquifers, and to provide the means for enforcing these rules. RULE 4 DEFINITIONS 4.1 Statutory Definitions - The terms listed below are defined by statute and have the identical meaning as in the referenced statutes:

4.1.1 Colorado Ground Water Management Act, Section 37-90-103, C.R.S. (1990 Rep): Aquifer, person, private driller, and well.

4.2 Definitions from Other Rules

4.2.1 - The terms listed below are defined in the Rules and Regulations Applying Exclusively to the Withdrawal of Ground Water from the Dawson, Denver, Arapahoe and Laramie-Fox Hills Aquifers in the Denver Basin, 2 CCR 402-6, (1987), also known as the Denver Basin Rules, and have the identical meaning as in the referenced rules: Dawson aquifer, Upper Dawson aquifer, Lower Dawson aquifer, Denver aquifer, Arapahoe aquifer, Upper Arapahoe aquifer, Lower Arapahoe aquifer, Laramie-Fox Hills aquifer, Denver Basin aquifers, and Denver Basin.

4.2.2 - The terms listed below are defined in the Statewide Nontributary Ground Water Rules, 2 CCR 402-7, (1986), and have the identical meaning as in the referenced rules: cylinder of appropriation, and State Engineer.

4.3 Specific Definitions - Unless expressly stated otherwise, the following terms shall have the meaning indicated in this Rule. Words used in the present tense include other tenses; words used in the masculine gender include the feminine and neuter genders.

4.3.1 “Applicant” means that person or entity applying for a permit to extract artificially recharged water pursuant to these rules and Section 37-90-137(9)(d), C.R.S. (1990 Rep, 1994 Supp).

4.3.2 “Artificial Recharge” means placing water into a Denver Basin aquifer by injection.

4.3.3 “Artificially Recharged Water” means water placed into one or more of the Denver Basin aquifers pursuant to Rules 4.3.2 and 4.3.9.

4.3.4 “Confined Aquifer” means an aquifer, the potentiometric surface of which lies at an elevation above the elevation of the top of the aquifer.

4.3.5 “Contiguous Extraction Parcel” means a parcel overlying naturally occurring ground water decreed or permitted to the applicant that includes an extraction well or wells drilled into the same aquifer and that is in contact with itself so that no part is totally separated; provided that the applicant has necessary consent or right to use an extraction well or wells on such parcel.

4.3.6 “Designated Agent” means the representative of an owner of artificially recharged water and/or an extraction well or the representative of an applicant for an extraction well permit Code of Colorado Regulations 2 who has been authorized in writing by the owner or applicant to act on behalf of the owner or applicant.

4.3.7 “Extraction” means the withdrawal or recovery of water which has previously been artificially recharged into a Denver Basin aquifer.

4.3.8 “Extraction Well” means an existing permitted well or a well that has been, or will be constructed for the purpose of extracting artificially recharged water which was previously injected into a Denver Basin aquifer. When applied to an existing, permitted well, this term may describe a well which has been authorized for the extraction of an amount of water beyond the amount of naturally occurring ground water authorized for withdrawal under the existing permit.

4.3.9 “Injection” means the act of placing water into a Denver Basin aquifer through a well by pressure or force of gravity.

4.3.10 “Naturally Occurring” means that ground water which is naturally present in the Denver Basin aquifers and which has been or may be quantified pursuant to 37-90-137(4) and (5), C.R.S (1990 Repl), the Statewide Nontributary Ground Water Rules, 2 CCR 402-7, and the Denver Basin Rules, 2 CCR 402-6.

4.3.11 “Remote Extraction” means the extraction of artificially recharged water from a well other than a well through which the volume of water to be extracted was injected.

4.3.12 “Unconfined Aquifer” means an aquifer, the potentiometric surface of which lies at or below the elevation of the top of the aquifer.

4.4 Other Definitions - All other words used herein shall be given their usual customary and accepted meanings. All words of a technical nature not defined herein shall be given the meaning which is generally accepted in the applicable scientific profession. RULE 5 GENERAL RULES 5.1 Nature of Artificially Recharged Water - Water artificially recharged into a Denver Basin aquifer, whether for the maintenance of water levels or for subsequent extraction shall be, at the time of injection, fully consumable and/or reusable pursuant to decree, statute, or regulation, or shall have been, at the time of injection, decreed for storage by means of artificial recharge in the Denver Basin aquifers, or shall be otherwise legally and physically available for storage by means of artificial recharge into the Denver Basin aquifers. Any augmentation or relinquishment requirements applicable to the water to be injected shall be met prior to or at the time of injection unless otherwise provided for by decree, and if met, the water shall be considered fully reusable.

5.2 Protection of Life, Health, and the Environment - All extraction operations shall be conducted in a manner that will protect the life and health of the citizens of the State of Colorado, and cause no injury to existing users of, and rights to water from the Denver Basin aquifers.

5.3 Knowledge of Rules - It shall be the responsibility of all persons contemplating the extraction of artificially recharged water to obtain information pertaining to the regulation of artificially recharged water before beginning extraction of that water. The owner shall be responsible for knowing and complying with applicable federal, state, and local statutes, and rules and regulations.

5.4 Entry upon Property - The State Engineer and any duly authorized representatives have the authority and duty to enter upon, and to order the well owner to permit the entry upon, private property at any reasonable time to inspect the various means or proposed means of extraction; to Code of Colorado Regulations 3 observe well construction and plugging; to read or verify the accuracy of meters, gauges, and other measuring devices; and to inspect records.

5.5 Plugging - The owner of any extraction well, shall be liable and responsible for the plugging thereof in accordance with these rules and regulations, and the Water Well Construction Rules, 2 CCR 402-2 (1995 Rev), within ninety (90) days of the expiration of a permit, or in any shorter period when required by the State Engineer unless the well may continue to operate pursuant to decree, or under another permit as other than an extraction well.

5.6 Well Identification - All wells constructed pursuant to these rules shall be marked by the owner in a conspicuous place with the owner's name, court case number (if applicable), permit number or numbers of the well, aquifer, the well designation given by the owner (if used), and legal description of the location of the well. The owner shall take all necessary means and precautions to preserve and maintain these markings.

5.7 Metering of Injection/Extraction - All wells used for the purposes of artificial recharge and/or extraction shall be equipped with suitable totalizing flow meters.

5.7.1 The owner of an injection and/or extraction well shall install and maintain totalizing flow meters to measure the amount of all water injected and extracted. The meters shall be installed according to the manufacturer's recommendations and shall contain sufficient recording digits to assure that “roll over” to zero does not occur prior to accumulating a total of 999 acre-feet. If the meter is not operational, the injection and/or extraction well(s) shall not be operated.

5.7.2 Totalizing flow meters shall be reverified in the field to be in accurate working condition under the supervision of an individual or entity approved by the State Engineer every four years after the date of original installation. Flow meters installed on existing wells which are authorized for the withdrawal of naturally occurring ground water shall be reverified to be in accurate working condition prior to the initiation of injection and/or extraction, and shall be reverified to be in accurate working condition every four years thereafter. The State Engineer shall be notified in writing of the date and name of the person performing the reverification.

5.7.3 All totalizing flow meters must provide an accuracy of plus or minus 5%.

5.8 Data Format - The State Engineer may require that data submitted in support of an application to extract artificially recharged water, or data required by Rule 9.6 and 9.7 be submitted in computer readable form in a format approved by the State Engineer. Such data, when compiled, shall be available to any interested party.

5.9 Reference Materials - Information on examining or acquiring any reference materials included in these rules may be obtained from the Records Supervisor of the Division of Water Resources, 1313 Sherman Street, Room 821, Denver, Colorado 80203. The reference materials may also be examined at any State Publication Depository Library.

RULE 6 PERMIT TO EXTRACT ARTIFICIALLY RECHARGED WATER 6.1 Permit Required - Prior to extracting artificially recharged water, the owner or authorized agent of the owner of the recharged water shall obtain a permit to extract from the State Engineer. The proposed extraction may be accomplished through an existing well previously permitted pursuant to Sections 37-90-137(2) or 37-90-137(4), C.R.S. (1990 Repl), or through a new well. If the proposed extraction is to be accomplished through a new well, the owner of the recharged water shall obtain a permit to extract through the construction of a new well. Any application for a permit to extract artificially recharged water shall be supported by copies of all approvals, authorizations, Code of Colorado Regulations 4 and permits allowing the injection of water which is proposed for extraction. The application shall include adequate documentation that the artificially recharged water satisfies the requirements of Rule 5.1.

6.2 Application for a Permit to Extract Through an Existing Permitted Well - Permit applications shall be submitted on forms prescribed by the State Engineer. A permit to extract authorizes the extraction of artificially recharged water through the existing well in addition to the withdrawal of naturally occurring ground water authorized pursuant to Sections 37-90-137(2) or 37-90-137(4), C.R.S. (1990 Repl).

6.2.1 An application to extract artificially recharged water through an existing well shall be supplemented with a report summarizing the hydrological conditions in the existing well, including, but not limited to evidence as to whether the aquifer is confined or unconfined at the injection site(s) and any remote extraction site, static water levels, aquifer hydraulic gradient, hydraulic conductivity or transmissivity, aquifer water temperature, and water quality data of the aquifer prior to and during the injection of water, and an accounting of the timing, amount, and location(s) of injection of artificially recharged water. Such report shall also include a summary of hydrological conditions as described above at the time of application for a permit to extract, and shall identify all decreed rights and permitted or registered wells of record in the State Engineer's office allowing the withdrawal of ground water from the same aquifer within one (1) mile of the proposed extraction site(s).

6.3 Application for a Permit to Extract Through the Construction of a New Well - Permit applications shall be submitted on forms prescribed by the State Engineer. A permit to extract authorizes the construction of a well which may be used for the extraction of artificially recharged water. Such permit may also authorize the withdrawal of naturally occurring ground water pursuant to C.R.S. 37-90-137.

6.3.1 An application to construct a well to extract artificially recharged water, whether or not that well will also be used to withdraw ground water pursuant to 37-90-137(2) or 37-90- 137(4), C.R.S.(1990 Repl) shall be supplemented with a report summarizing the hydrological conditions at or around the site of the proposed extraction well, including, but not limited to evidence as to whether the aquifer is confined or unconfined at the injection site(s) and any remote extraction site, static water levels, aquifer hydraulic gradient, hydraulic conductivity or transmissivity, aquifer water temperature, and water quality data of the aquifer to the extent that they are known, and at and around the well or wells through which the water was injected, including an accounting of the timing, amount, and location(s) of injection of artificially recharged water which is to be extracted through the proposed well. Such report shall also identify all decreed rights and permitted or registered wells of record in the State Engineer's office allowing the withdrawal of ground water from the same aquifer within one (1) mile of the proposed extraction site(s).

6.4 Notice of Application - An application for a permit to extract shall be accompanied by evidence that the applicant has given notice of the application by registered or certified mail, return receipt requested, no less than thirty (30) days prior to the making of the application to the owners of all decreed rights and permitted or registered wells of record in the State Engineer's office allowing the withdrawal of water from the same aquifer within one (1) mile of the proposed extraction site(s).

6.4.1 The notice shall instruct such owners that they must submit a written objection to the State Engineer within thirty (30) days of their receipt of the notice if they want to object to the proposed extraction.

6.4.2 If no objection to the proposed extraction is filed within thirty (30) days of receipt of the notice and the State Engineer finds that circumstances in this instance warrant, the State Engineer shall issue the permit. If a timely written objection is filed, the State Engineer Code of Colorado Regulations 5 shall hold a hearing pursuant to the Procedural Rules, 2 CCR 402-5 (1984) to determine whether particular circumstances warrant issuing a permit.

6.5 Application Fees - The application fee for a permit to extract through an existing well or permit to construct shall be that fee as specified in 37-90-137(2), C.R.S. (1990 Repl). Departments and agencies of the State of Colorado shall be exempt from the payment of application fees.

6.6 Permit to Extract - If a permit application meets the requirements of Section 37-90-137(1) and 37- 90-137(2), C.R.S.(1990 Repl), any other applicable provisions of 37-90-137, C.R.S.(1990 Repl), and the provisions of these rules, the State Engineer shall issue the permit, subject to protective terms and conditions to prevent injury to other persons who have rights to extract artificially recharged water and/or withdraw naturally occurring ground water from the Denver Basin aquifers. For a permit to extract through the construction of a new well or for a permit to extract from an existing well, the State Engineer shall, in the absence of an objection pursuant to Rule 6.4.2, act on a permit application within forty five (45) days of its receipt. A permit to extract does not grant a right for the owner of recharged water to enter upon lands not owned by the applicant.

6.7 Well Location - When selecting sites for extraction wells, the well owner or operator shall consider the hydrogeologic and hydrologic conditions at the injection/extraction site, or between the site of injection and the proposed remote extraction site. The well owner or operator shall comply with federal, state and local regulations concerning set-backs from structures and property lines.

6.7.1 All wells shall be constructed pursuant to the Water Well Construction Rules, 2 CCR 402-2 (1995 Rev).

6.7.2 Any well constructed within two hundred (200) feet of the permitted location shall be deemed to be at the approved location provided it meets the well spacing requirements of this rule and any permit conditions.

6.7.3 No extraction well shall be located closer than one (1) mile to any point of contact between any natural stream including its alluvium and the outcrop/subcrop of the aquifer from which the water would be extracted.

6.8 Expiration of Permit to Extract Through the Construction of a New Well - A permit to extract through the construction of a new well construct shall expire one year after being issued unless, prior to such expiration, the applicant to whom the permit was issued shall furnish to the State Engineer, on a form prescribed by the State Engineer, either notice of well completion, notice of initiation of extraction, or a request for extension. The written extension request shall provide the reasons for not constructing the well, or not initiating extraction, an estimate of the anticipated date of first extraction, and a fee as specified in 37-90-137(3)(a)(II), C.R.S. (1990 Repl). Such permit may be extended for one or more additional one year periods.

6.9 Expiration of a Permit to Extract from an Existing Permitted Well - A permit to extract from an existing permitted well shall continue indefinitely so long as a valid permit is applicable to the existing well through which the proposed extraction will occur, and so long as the applicant complies with the reporting requirements of Rules 9.6 and 9.7.

6.10 Existing Permit to Extract - Any approval to extract artificially recharged ground water from an existing well, which approval was given prior to the effective date of these rules, as evidenced by an unexpired well permit issued prior to the effective date of these rules, shall remain valid and shall continue to be administered under the terms and conditions of such unexpired permit. The permittee may apply for a new permit to extract, pursuant to these rules, to replace the existing unexpired well permit.

RULE 7 LIMITATIONS ON EXTRACTION Code of Colorado Regulations 6 7.1 Extraction from a Confined Aquifer - Extraction of artificially recharged water from a confined aquifer shall be through the same well through which the water was injected, or shall be through a remote site located within the same contiguous extraction parcel, but in no case shall the remote extraction site be located more than five (5) miles from the farthest injection site within the same contiguous extraction parcel. If, prior to or during extraction, the aquifer becomes unconfined at any point between any injection site and the remote extraction site, as determined by the State Engineer, extraction of artificially recharged water from the remote extraction site shall be subject to the provisions of Rule 7.2 7.1.1 No remote extraction well withdrawing artificially recharged water from a confined aquifer shall be located within the cylinder of appropriation, as calculated pursuant to Rule 4.A.7 of the Statewide Nontributary Ground Water Rules, 2 CCR 402-7, for any permitted or decreed well owned by other than the applicant, and authorized to withdraw water from the same aquifer, without the written permission of such person.

7.2 Extraction from an Unconfined Aquifer - Extraction of artificially recharged water from an unconfined aquifer shall be through the same well through which the water was injected, or shall be through a remote site located down hydraulic gradient from the injection site(s) and within the same contiguous extraction parcel, but in no case shall the remote extraction site be located more than one thousand (1,000) feet from the farthest injection site.

7.3 Amount of Artificially Recharged Water Available for Extraction - The maximum amount of artificially recharged water that may be extracted from an aquifer through any one extraction well in any one calendar year shall not exceed five (5) times the maximum amount of water injected into that aquifer in any one (1) calendar year, and in no case shall the amount of water extracted exceed the total amount of water injected into that aquifer less any amounts previously extracted.

7.4 Banking - Artificially recharged water may be retained in the aquifer indefinitely by the person who has injected the water or the assignee of that person. Nothing in these rules shall limit the right of any person to withdraw naturally occurring ground water which has been “banked” pursuant to Rule 8.A of the Statewide Nontributary Ground Water Rules 2 CCR 402-7, (1986). RULE 8 PERMIT AND DENIAL PROCEDURES 8.1 Owner's Signature - The owner or designated agent shall sign and date the permit application, certifying that the information set forth thereon is true to the best of the owner's or designated agent's knowledge.

8.2 Substitution of Forms - All applications and notices required by these rules shall be submitted on prescribed forms, or on computer generated forms patterned after the prescribed forms upon prior approval by the State Engineer. The State Engineer shall reject any form which cannot be legibly reproduced. Drawings, maps, and data supplementing a form shall not be larger than 24 × 36 inches.

8.3 Incomplete Forms - Permit applications and notices submitted without the required information, fees or signature shall be returned as incomplete.

8.4 Distribution of Permits - The application and original permit shall be filed and preserved by the State Engineer to be useful in determining the extent of the uses made of artificially recharged water. A copy of the permit shall be sent to the applicant's mailing address.

8.5 Permit Denial - If the State Engineer is unable to approve a permit, the application shall be denied and the State Engineer shall state the reasons for the denial in writing. The application and the original of the denial order shall be filed and preserved by the State Engineer. A copy of the denial shall be sent by the State Engineer to the applicant's mailing address. Code of Colorado Regulations 7 8.6 Plugging of Wells with Expired Permits - All wells shall be plugged within ninety (90) days after the permit to extract artificially recharged ground water expires unless the permit is re-instated by the State Engineer, a new permit for the use of the well has been approved, or the well can continue to operate under another valid permit.

RULE 9 RECORDS AND REPORTING REQUIREMENTS 9.1 Certification - All reports, notices or applications shall be signed by the person responsible for the work performed or for making the claim, certifying the truthfulness and accuracy of the document. The original document shall be submitted to the State Engineer and a copy shall be provided to the well owner or the designated agent of the well owner.

9.2 Format of Reports - All application, notices and reports shall be submitted on forms prescribed by the State Engineer, or computer generated forms patterned after the prescribed form upon prior approval by the State Engineer. “As-Built” drawings may be included but shall not be larger than 24 × 36 inches. All of the applicable data requested on the form shall be accurately reported.

9.3 Data Confidentiality - In the event that the information submitted falls within the purview of Section 24-72-204(3)(a)(IV), C.R.S. (1988 Repl), and upon written request by the owner or designated agent, the State Engineer shall comply with the provisions of this statute.

9.4 Construction Reports - The licensed contractor, or private driller shall maintain detailed records during the construction and completion of all extraction wells. The data to be reported shall include the following: a detailed and accurate lithologic log; diameter, type, grade and depth of all casing; amounts, type, depths and placement method of all grouts used; construction and completion history; type and depths of production and injection equipment installed; and copies of data from any flow testing. This information shall be submitted by the operator or well construction contractor to the State Engineer on a prescribed form within sixty (60) days of completing the well, or seven (7) days after the expiration of the permit to construct, whichever occurs sooner.

9.5 Notice of Initiation of Extraction - The owner of a permit to extract artificially recharged water, or the agent designated by the owner shall submit a notice of initiation of extraction on a form prescribed by the State Engineer, within sixty (60) days after commencing the first extraction of artificially recharged water.

9.6 Production Records - In order to quantify the artificial recharge and extraction, the well owner or operator shall maintain permanent records of the timing, types of water (naturally occurring water, banked water, or artificially recharged water), location and amounts of water injected and extracted. These records shall be collected and maintained on a weekly basis and shall be submitted to the State Engineer by February 15 of each year for the preceding calendar year, and shall be subject to inspection at any time by the State Engineer upon request.

9.7 Water Level Data - All water level data acquired by the applicant in anticipation of extraction of artificially recharged water shall be submitted to the State Engineer annually at the end of each calendar year. Upon initiation of extraction, the permittee shall continue to submit such water level data to the State Engineer on an annual basis at the end of each calendar year along with the data described in Rule 9.6.

9.8 Geophysical Logs - Geophysical logs shall be required for all newly constructed wells permitted pursuant to these rules and Section 37-90-137(9)(d), C.R.S. (1990 Rep, 1994 Supp).

9.8.1 The permittee is responsible for obtaining and submitting those required geophysical logs to the State Engineer's office. The minimum requirement will be for resistivity, spontaneous potential (SP), and natural gamma radiation logs, which must be obtained Code of Colorado Regulations 8 prior to the installation of well casing. The resistivity log must record values at approximately one (1) and three (3) foot depths of investigation. The vertical scale shall be both one inch equals fifty feet and one inch equals twenty feet. If additional types of logs are obtained, including gamma gamma, neutron, porosity, sonic, single point resistance and caliper are obtained, copies of these logs shall also be submitted to the State Engineer's office. The entire set of logs must be submitted to the State Engineer's office within sixty days of collecting the data. If a permittee desires to use other geophysical logs to meet the minimum requirement, the permittee must apply in writing to the State Engineer and get the approval of the State Engineer prior to well construction.

9.8.2 The State Engineer may require the permittee to submit the geophysical well logs prior to the casing of the extraction well in order to determine the appropriate extraction interval. In such case, the State Engineer shall inform the permittee of the appropriate extraction interval within two working days of receipt by the State Engineer of the geophysical logs.

9.8.3 Any downhole surveys not described in Rule 9.8.1, water quality data, aquifer temperature data, and the results of any flow and/or injection test obtained during the construction of the well shall be submitted to the State Engineer's office within sixty (60) days of completing the well.

9.9 Supplemental Reports - The owner or operator shall furnish the State Engineer any information which the State Engineer may request to determine compliance with the permit. RULE 10 VARIANCES 10.1 Written Requests - Variances to these rules may be granted by the State Engineer upon written request and a showing by the applicant that the requested variance will comply with the intent of these rules to protect the public safety, health and environment, prevent injury to existing users of, and rights to withdraw water from the Denver Basin aquifers, and prevent the waste or contamination of surface or ground waters.

10.2 Written Response - The State Engineer shall respond in writing to a variance request in a reasonable amount of time stating the reasons for the decision and imposing conditions necessary to implement the intent of these rules.

10.3 Notice - If, in the interest of the public welfare, the State Engineer finds it necessary to require the applicant to publish notice of request for variance to these rules, it shall be deemed to mean a publication in a newspaper of general circulation in each of the counties concerned. Publication of all notices shall be once a week for two successive weeks. The notice shall specify the rule for which the variance is being sought and state the reason for the request for a variance. All objections, either to the published notice or the request for a variance shall be in writing and shall briefly state the nature of the objection and shall be filed within the time and at the place designated in the notice. The time for filing written objections to notices described in this rule shall extend to thirty (30) days following the last publication of the notice. RULE 11 EMERGENCIES 11.1 Notification and Approval - In the event of an emergency, well construction or repair requiring approval pursuant to these rules, may begin only after the well owner or designated agent has given notice to and approval is granted by the State Engineer, either orally or by telecopier. The required application or notice forms shall be submitted by the well owner or designated agent no less than ten (10) working days prior to the initiation of construction or repair. Work reports shall also be submitted as required by these Rules.

Code of Colorado Regulations 9 11.2 Expiration of Verbal approval - Verbal approvals granted pursuant to this rule shall expire sixty (60) days from the date they were issued. Construction operations performed after the expiration of a verbal approval shall be considered as work performed without a permit. RULE 12 SEVERABILITY If any portion of these rules is found to be invalid, the remaining portion of the rules shall remain in force and not be affected.

RULE 13 REVISIONS These rules may be revised in accordance with Section 24-4-103, C.R.S. (1988 Repl). RULE 14 STATEMENT OF BASIS AND PURPOSE INCORPORATED BY REFERENCE The Statement of Basis and Purpose for these Artificial Recharge Extraction Rules is incorporated by reference as part of these Rules.

RULE 15 EFFECTIVE DATE These rules shall become effective on July 1, 1995.

_________________________________________________________________________ Editor’s Notes History Annotations See Board of County Comm’rs of County of Park v. Park County Sportsmen’s Ranch, LLP, 45 P.3d 693 (2002).

Code of Colorado Regulations 10