2 Colo. Code Regs. § 402-11-7
Current through Register Vol. 48, No. 1, January 10, 2025
Rule 2 CCR 402-11-7 - LIMITATIONS ON EXTRACTION7.1 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 Area, 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 Area. If, prior to or during Extraction, the Confined Aquifer becomes an Unconfined Aquifer 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 unless a variance is requested and granted pursuant to Rule 10. The variance request shall include an analysis of continued operation of the Extraction Well upon the change from a Confined Aquifer to an Unconfined Aquifer and the potential for material injury to 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 owned by other parties, which are located within one (1) mile of the Extraction Well, or over a larger distance if requested by the State Engineer's office. The State Engineer's office may also require the Applicant to provide notice of the variance request to the owners of those wells and water rights. The analysis shall consider the hydraulic gradient between the Injection wells and the Extraction Well in the Unconfined Aquifer state. If the variance request is granted, the State Engineer's office may require the variance request be repeated at a future specified date based on potential changes to Unconfined Aquifer conditions.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 Pre-213 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 Area, 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 groundwater which has been "banked" pursuant to Rule 8.A of the Statewide Nontributary Ground Water Rules 2 CCR 402-7, (1986) through a well permitted for the use of Naturally Occurring groundwater.41 CR 11, June 10, 2018, effective 6/30/2018