In order to assure that no water rights are materially affected by withdrawals of nontributary ground water from the Denver Basin Aquifers, no more than 98% of the water withdrawn annually from a well withdrawing such nontributary ground water shall be consumed. The applicant must demonstrate to the reasonable satisfaction of the State Engineer prior to the issuance of the permit that not more than 98% of the water withdrawn will be consumed. The State Engineer may reasonably require a permittee to demonstrate periodically that no more than 98% of the water being withdrawn from the well is being consumed.
2 CCR 402-6-8