2 Colo. Code Regs. § 402-7-4

Current through Register Vol. 47, No. 20, October 25, 2024

Rule 2 CCR 402-7-4 - Definitions

A. The following definitions are applicable to these Statewide Nontributary Ground Water Rules:

1) "Additional Well" means a well permitted pursuant to Section 37-90-137(10), C.R.S. An additional well, together with the previously permitted or decreed wells withdrawing ground water as described in Section 37-90-137(4), C.R.S., may withdraw the allowed average annual amount of withdrawal of the previously permitted or decreed wells.

2) "Allowed Annual Amount of Withdrawal" means the maximum amount of water in acre-feet that a permittee may withdraw from a well in a calendar year.

3) "Allowed Average Annual Amount of Withdrawal" means the amount of water in acre-feet that a permittee may withdraw from a well in a calendar year subject to the provisions of Rules 8.A. and 14 and notwithstanding the provisions of Rule 12.

4) "Annual Appropriation," as used in these rules for the purpose of deriving a cylinder of appropriation as defined in Rule 4.A.7), means a decreed or permitted volume of water in acre-feet per year. If both the decree and permit for a well meeting the requirements of Section 37-90-137(5), C.R.S. specify only a pumping rate in gallons per minute or cubic feet per second, then the annual appropriation shall be calculated assuming that the well is operated at that pumping rate continuously for a full year, unless the water court has determined some other annual volumetric limitation or entitlement for the well, or unless a valid statement of beneficial use specifies a lesser annual volumetric amount.

5) "Applicant" means that person or entity who applies to the State Engineer for a well permit pursuant to Section 37-90-137(4), C.R.S.

6) "Contiguous Parcel" means that portion of the overlying land that is in contact with itself so that no part is totally separated.

7) "Cylinder of Appropriation" means a hypothetical cylinder centered around the location of an existing or proposed well which, for the specific aquifer, contains a volume of water equal to one hundred times the annual appropriation of an existing well or the allowed average annual amount of withdrawal of a proposed well. The radius of the cylinder of appropriation is computed from the following formula:

Radius of Cylinder (ft.) = the square root of:

43,560 (ft. sq./acre) × withdrawal (acre ft./yr.) × 100(yr.)

specific yield × saturated aquifer materials (ft.) × 3.141b

where: withdrawal means either the annual appropriation or allowed average annual amount of withdrawal, whichever is appropriate.

8) "Overlying Land" means that land owned by the applicant or by another who has consented to the applicant's withdrawal of ground water which overlies ground water as described in Section 37-90-137(4), C.R.S., and which the applicant requests be considered in determining the allowed average annual amount of withdrawal sought in the application.

9) "Permittee" means the holder of an unexpired well permit granted pursuant to Section 37-90-137(4), C.R.S.

10) "Saturated Aquifer Material(s)" means those aquifer materials containing sufficient water that can be drained by gravity and placed to beneficial use.

11) "Specific Yield" means the ratio of the volume of water which can be drained by gravity from a saturated volume of aquifer material divided by that volume of material and expressed as a percentage.

12) "State Engineer" means that person appointed pursuant to Section 37-80-101, C.R.S. or any person acting on his behalf pursuant to Section 37-80-102(2), C.R.S.

13) "Well Field" means two or more wells, all of which were permitted on or after July 6, 1973, producing ground water from the same aquifer on a contiguous parcel of land or on noncontiguous parcels of land that are permitted together under Rule 11.B.

B. Any term used in these Statewide Nontributary Ground Water Rules that is defined in Sections 37-90-103 or 37-92-103, C.R.S. is used with the meaning given therein.

C. Any term used in these Statewide Nontributary Ground Water Rules, if not defined herein, that is defined in other Rules and Regulations of the State Engineer is used with the meaning given therein.

2 CCR 402-7-4