ELDON
COLORADO GROUND WATER CO FINDINGS AND ORDER DETERMINATION OF WATER RIGHT TO OF WATER IN THE UPPER BLACK SQUIRREL APPROPRIATION GROUND ALLOW THE CREEK DESIGNATED GROUND WATER BASIN IN
THE
MATTER OF AN APPLICATION FOR
APPLICANT
ELDON R BONTREGER
AQUIFER
DENVER
DETERMINATION NO 222 BD
In compliance with Section 37 7C 107 90 S and the Designated Basin Rules R Eldon R CCR 410 1 2 Bontreger hereinafter applicant submitted an application for determination of water right to allow the appropriation of ground water from the Denver Aquifer
FINDINGS The
application
was filed
by
Ground Water Commission
the on
applicant on January 24
October
2000 and received
complete by
the
9 2001
applicant proposes to appropriate ground water from aquifer underlying 120 acres generally described as the The
the Denver
Aquifer hereinafter
SE1 4 of the NW1 SW1 4 the 4 63 the of the 4 SW1 of Section 12 NW1 4 and 4 NE1 35 South Range of the Township statement dated 2000 West of the 6th Principal Meridian According to a signed January 24 the applicant owns the 120 acres of land as further described in said affidavit which is attached hereto
3
as Exhibit
A and claims control of the
ground
water in the
aquifer underlying
this
property
The
proposed annual appropriation is the maximum allowable amount Any wells permitted m p ground water from the aquifer would have a maximum pumping rate of 150 g
to divert
overlying the ground water claimed by the applicant is located within the boundaries of the Upper Black Squirrel Creek Designated Ground Water Basin and within the Upper Black Squirrel Creek Ground Water Management District The Ground Water Commission has jurisdiction
4
The land
5
The
proposes to apply the appropriated ground water to the domestic livestock watering irrigation and commercial
applicant
uses
6
area
following
of water in the aquifer underlying the 120 acres of land claimed is 3468 acre feet This determination was based on the following as Designated Basin Rules The
quantity
beneficial
by the applicant specified in the
The average specific yield of the saturated permeable material of the aquifer underlying the land under consideration that could yield a sufficient quantity of water that may be a
extracted and
applied
to beneficial use is 17
percent
R
Applicant Eldon Aquifer Denver
Bontreger
Page
2
BD Determination No 222
b The average thickness of the saturated permeable material of the aquifer underlying the land under consideration that could yield a sufficient quantity of water that may be extracted and applied to beneficial use is 170 feet The aquifer underlying the land area is unconfined but is considered to be 7
At this one
8
time
there is
hundred year
based the
substantial artificial
which would affect the
recharge
on
ownership
S R 7C 107 90 37
and in accordance with the
of the
land and
overlying appropriation
maximum annual
paragraphs
aquifer
above for the 120
acres
an
aquifer
ground life of
which could be allowed
claimed
by
the
applicant
Designated
water from the one
hundred
ability
a
Basin
aquifer years
pursuant to the data
in
is 34 7 acre feet
permitted to withdraw the authorized amount of water renewable aquifer may be less than the one hundred years upon which the non water in the aquifer is allocated due to anticipated water level declines The
within
period
the Colorado Ground Water Commission shall allocate
Therefore the
9
no
Pursuant to Section
Rules
fully saturated
of wells
from
this
amount of
s office in accordance with analysis of data in the records of the State Engineer the Designated Basin Rules it has been determined that withdrawal of ground water from the aquifer underlying the land claimed by the applicant will within one hundred years deplete tenth of one the alluvial aquifer or flow of a natural stream at an annual rate greater than one percent of the annual rate of withdrawal and therefore the ground water is considered to be nontributary ground water Also the location of the land claimed by the applicant is closer not than one mile from the aquifer contact with the alluvium Withdrawal of water from the aquifer underlying the claimed land area would impact the alluvial aquifer of Black Squirrel Creek or its tributaries which has been determined to be over appropriated Commission approval of a replacement plan providing for actual depletion to the alluvial aquifer and adequate to prevent any material injury to existing water rights would be required prior to approval of well permits for wells to be located on this land area to withdraw the allowed ground water from the aquifer
10
Based
11
In accordance with the Designated Basin Rules the maximum annual amount available for 7acre feet to allow appropriation for the 120 acres claimed by the applicant is reduced to 33
on
for the annual withdrawal of
a
small
capacity
well which is
completed
in the
aquifer permit
for this well review of the records of the Ground Water Commission has disclosed that none of the water in the aquifer underlying the land claimed by the applicant has been previously appropriated or permitted for withdrawal number 222720
12
Except
In accordance with Section 37 C upon Commission approval of a S 7R 107 90 determination of water right well permits for wells to withdraw the authorized amount of water from the aquifer shall be available upon application subject to the conditions of this determination and
13
subject
to
approval by
the Commission
On June 21 2000 a letter was sent to the Upper Black Squirrel Creek Ground Water this District recommendations application requesting concerning Management Recommendations
were
received from the district
on
July 27 2000
in a form of
an
objection
Applicant Eldon Aquifer Denver
R
Page
Bontreger
3
Determination No 222 BD
14
The Commission Staff has evaluated the
ground
water in the
aquifer
made
by
the
application relying applicant
15
112 90 In accordance with Sections 37 7and 37 107 90 6 in The Gazette on and 13 2000 July newspaper published
16
a
on
the claims to control of the
S the application R C
was
objection to the application was received from Upper Black Squirrel 10 GW Creek Ground Water Management District objector and assigned Case No 00 within the time No other objection to the proposed determination of water right was received limit set by statute On
July 27 2000
an
stipulation whereby the of the Commission Hearing objector withdrew its objection to the No and the application was Case 10 GW 00 was dismissed Officer dated February 1 2001 referred back to the Commission Staff for issuance in conformance with applicable statutes b On
objector entered application By Order
January 22 2001 the applicant and
the
into
a
and rules 17
Upper Black Squirrel Creek Designated Ground Water Basin it is necessary to impose conditions on the determination of water right and proposed appropriation of ground water Under conditions as stated in the following Order no unreasonable impairment of existing water rights will occur from approval of this determination of water right and the issuance of well permits to construct wells to withdraw the authorized amount of water from the aquifer In order to
prevent injury
to the
existing
water
rights
of others within the
ORDER
S and the Designated Basin Rules R accordance with Section 37 7C 107 90 2 CCR 410 1 the Colorado Ground Water Commission orders that the application for determination of water right to allow the appropriation of ground water from the Denver Aquifer 4 of the NW1 4 of the 4 the SE1 underlying 120 acres of land generally described as the SW1 In
4and the NE1 NW1 4 of the SW1 4 of Section 35
Principal Meridian
18
is
approved subject
to the
Township 12 South Range following conditions
63 West of the 6th
The allowed average annual amount of water to be withdrawn from the aquifer shall not exceed 33 7 acre feet The allowed maximum annual amount of withdrawal may exceed the allowed average annual amount of withdrawal as long as the total volume of water withdrawn does not exceed the product of the number of years since the date of approval of this determination times the allowed average annual amount of withdrawal
19
aquifer characteristics the Commission may adjust the allowed average annual appropriation based on analysis of geophysical logs or other site specific data if such analysis indicates that the initial estimate of the volume of water in storage was incorrect To conform to actual
Applicant Eldon Aquifer Denver
R
Page
Bontreger
4
Determination No 222 BD
approval of a replacement plan providing for actual depletion to the alluvial aquifer and adequate to prevent any material injury to existing water rights is required prior to approval of well permits for wells to be located on this land area to withdraw ground water
20 Commission
from the aquifer 21
The
use
domestic
ground water from this appropriation shall be limited to the following uses watering irrigation and commercial The place of use shall be limited to
of
livestock
the above described 120
22
acre
land
area
subsequent persons controlling this water right shall record in the public county in which the claimed lands are located notice of transfer of any portion of this water right to another within sixty days after the transfer so that a title examination of the above described 120 acre land area or any part thereof shall reveal the changes affecting this water right Such notice shall consist of a signed and dated warranty deed which indicates the determination number the aquifer a description of the above described land area the amount transferred name of the recipient and the date of transfer The
applicant
or
records of the
23
Subject
to the above conditions well
permits
for wells to withdraw the authorized annual
amount of water from the aquifer shall be available upon the Commission and the following conditions a
The wells shall be located
on
the above described 120
application subject
acre
b The wells must be constructed to withdraw water from
for
a well
to construct such a
land
only
to
approval by
area
the Denver
Aquifer
Upon
well the estimated top and base of the
application permit aquifer at the proposed well location will be determined by the Commission and indicated on the approved well permit Plain non perforated casing must be installed grouted and sealed to prevent diversion of ground water from other aquifers and the movement of ground water between aquifers c The entire
depth
geophysically logged 2L E to installing the casing Water 7 Ground Rules 2 CCR 402 Nontributary
of each well must be
set forth in Rule 9 of the Statewide
d Each well shall be constructed within 200 feet of the location well
approved permit application existing large capacity well completed and
permit in the
specified
on
as
the individual
but must be more than 600 feet from any
same
aquifer
The wells may withdraw the allowed average annual amount of water from the aquifer together in any combination The total combined annual withdrawal of the wells shall not exceed the allowed average annual amount described in this Order e
fThe maximum
pumping
rate of each well shall not exceed 150 g m p
on each well and maintained in good working g A totalizing flow meter shall be installed order by the well owner Annual diversion records shall be collected and maintained by the
well
owner
Water
and submitted to the Commission
Management
District upon their
request
or
the
Upper
Black
Squirrel
Creek Ground
Applicant Eldon Aquifer Denver
R
Page 5
Bontreger
Determination No 222 BD
h The well owner shall mark the well in a name
of the
aquifer
conspicuous place
He shall take necessary
means
and
with the
permit number and the
precautions
to preserve these
markings
Dated this
a
f
ST
day of
No M V 800
110d Hal D
2001
z
Simpson
Executive Director Colorado Ground Water Commissi
B
Supervisor Designated
Prepared by
IDC
Basins Branch
EXHIBIT A Page
1 of 1
J
1 Rev August 19M Gws
D
u
J
STATE OF COLORADO OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES
NONTRIBUTARY GROUND WATER LANDOWNERSHIP STATEMENT
L DoN E
I We
claim and say that I 2 o consisting of
we
L3
P am
are
acres
o rJ
Name s owner County of
the
in the
7r of the
described
following
Pa SD
L
property State
of Colorado
INSERT
DESCRIPTION
PROPERTY LEGAL
SW Y o the
o the Sw
f
anal The
W A
Nw
j
o
S4E4
cl
t7
the
P7 0
3S
FL
So Pe
ip nSl ac
h
eS 1 U
1 c ou
4
n the
NE
SaU ahge 3
l2
SF
r
Ty
ac o co r
I2n C 4 and that the ground water sought to be withdrawn from the described land has not been conveyed or reserved aquifer underlying the above another nor has consent been given to its withdrawal by another Further I we claim and say that I contents
hereof
and that the
we
same are
to
have read the statements made herein know the true to my
our
own
knowledge
Date
Signature INSTRUCTIONS Please word
type
or
in black ink This form may be reproduced See additional instructions on back
print neatly
processing
means
1313 SHERMAN ST
RM 818
DENVER
CO
80203
by photocopy
3581 866 303
or
THE
MATTER OF AN APPLICATION FOR
APPLICANT
ELDON R BONTREGER
AQUIFER
DENVER
DETERMINATION NO 222 BD
In compliance with Section 37 7C 107 90 S and the Designated Basin Rules R Eldon R CCR 410 1 2 Bontreger hereinafter applicant submitted an application for determination of water right to allow the appropriation of ground water from the Denver Aquifer
FINDINGS The
application
was filed
by
Ground Water Commission
the on
applicant on January 24
October
2000 and received
complete by
the
9 2001
applicant proposes to appropriate ground water from aquifer underlying 120 acres generally described as the The
the Denver
Aquifer hereinafter
SE1 4 of the NW1 SW1 4 the 4 63 the of the 4 SW1 of Section 12 NW1 4 and 4 NE1 35 South Range of the Township statement dated 2000 West of the 6th Principal Meridian According to a signed January 24 the applicant owns the 120 acres of land as further described in said affidavit which is attached hereto
3
as Exhibit
A and claims control of the
ground
water in the
aquifer underlying
this
property
The
proposed annual appropriation is the maximum allowable amount Any wells permitted m p ground water from the aquifer would have a maximum pumping rate of 150 g
to divert
overlying the ground water claimed by the applicant is located within the boundaries of the Upper Black Squirrel Creek Designated Ground Water Basin and within the Upper Black Squirrel Creek Ground Water Management District The Ground Water Commission has jurisdiction
4
The land
5
The
proposes to apply the appropriated ground water to the domestic livestock watering irrigation and commercial
applicant
uses
6
area
following
of water in the aquifer underlying the 120 acres of land claimed is 3468 acre feet This determination was based on the following as Designated Basin Rules The
quantity
beneficial
by the applicant specified in the
The average specific yield of the saturated permeable material of the aquifer underlying the land under consideration that could yield a sufficient quantity of water that may be a
extracted and
applied
to beneficial use is 17
percent
R
Applicant Eldon Aquifer Denver
Bontreger
Page
2
BD Determination No 222
b The average thickness of the saturated permeable material of the aquifer underlying the land under consideration that could yield a sufficient quantity of water that may be extracted and applied to beneficial use is 170 feet The aquifer underlying the land area is unconfined but is considered to be 7
At this one
8
time
there is
hundred year
based the
substantial artificial
which would affect the
recharge
on
ownership
S R 7C 107 90 37
and in accordance with the
of the
land and
overlying appropriation
maximum annual
paragraphs
aquifer
above for the 120
acres
an
aquifer
ground life of
which could be allowed
claimed
by
the
applicant
Designated
water from the one
hundred
ability
a
Basin
aquifer years
pursuant to the data
in
is 34 7 acre feet
permitted to withdraw the authorized amount of water renewable aquifer may be less than the one hundred years upon which the non water in the aquifer is allocated due to anticipated water level declines The
within
period
the Colorado Ground Water Commission shall allocate
Therefore the
9
no
Pursuant to Section
Rules
fully saturated
of wells
from
this
amount of
s office in accordance with analysis of data in the records of the State Engineer the Designated Basin Rules it has been determined that withdrawal of ground water from the aquifer underlying the land claimed by the applicant will within one hundred years deplete tenth of one the alluvial aquifer or flow of a natural stream at an annual rate greater than one percent of the annual rate of withdrawal and therefore the ground water is considered to be nontributary ground water Also the location of the land claimed by the applicant is closer not than one mile from the aquifer contact with the alluvium Withdrawal of water from the aquifer underlying the claimed land area would impact the alluvial aquifer of Black Squirrel Creek or its tributaries which has been determined to be over appropriated Commission approval of a replacement plan providing for actual depletion to the alluvial aquifer and adequate to prevent any material injury to existing water rights would be required prior to approval of well permits for wells to be located on this land area to withdraw the allowed ground water from the aquifer
10
Based
11
In accordance with the Designated Basin Rules the maximum annual amount available for 7acre feet to allow appropriation for the 120 acres claimed by the applicant is reduced to 33
on
for the annual withdrawal of
a
small
capacity
well which is
completed
in the
aquifer permit
for this well review of the records of the Ground Water Commission has disclosed that none of the water in the aquifer underlying the land claimed by the applicant has been previously appropriated or permitted for withdrawal number 222720
12
Except
In accordance with Section 37 C upon Commission approval of a S 7R 107 90 determination of water right well permits for wells to withdraw the authorized amount of water from the aquifer shall be available upon application subject to the conditions of this determination and
13
subject
to
approval by
the Commission
On June 21 2000 a letter was sent to the Upper Black Squirrel Creek Ground Water this District recommendations application requesting concerning Management Recommendations
were
received from the district
on
July 27 2000
in a form of
an
objection
Applicant Eldon Aquifer Denver
R
Page
Bontreger
3
Determination No 222 BD
14
The Commission Staff has evaluated the
ground
water in the
aquifer
made
by
the
application relying applicant
15
112 90 In accordance with Sections 37 7and 37 107 90 6 in The Gazette on and 13 2000 July newspaper published
16
a
on
the claims to control of the
S the application R C
was
objection to the application was received from Upper Black Squirrel 10 GW Creek Ground Water Management District objector and assigned Case No 00 within the time No other objection to the proposed determination of water right was received limit set by statute On
July 27 2000
an
stipulation whereby the of the Commission Hearing objector withdrew its objection to the No and the application was Case 10 GW 00 was dismissed Officer dated February 1 2001 referred back to the Commission Staff for issuance in conformance with applicable statutes b On
objector entered application By Order
January 22 2001 the applicant and
the
into
a
and rules 17
Upper Black Squirrel Creek Designated Ground Water Basin it is necessary to impose conditions on the determination of water right and proposed appropriation of ground water Under conditions as stated in the following Order no unreasonable impairment of existing water rights will occur from approval of this determination of water right and the issuance of well permits to construct wells to withdraw the authorized amount of water from the aquifer In order to
prevent injury
to the
existing
water
rights
of others within the
ORDER
S and the Designated Basin Rules R accordance with Section 37 7C 107 90 2 CCR 410 1 the Colorado Ground Water Commission orders that the application for determination of water right to allow the appropriation of ground water from the Denver Aquifer 4 of the NW1 4 of the 4 the SE1 underlying 120 acres of land generally described as the SW1 In
4and the NE1 NW1 4 of the SW1 4 of Section 35
Principal Meridian
18
is
approved subject
to the
Township 12 South Range following conditions
63 West of the 6th
The allowed average annual amount of water to be withdrawn from the aquifer shall not exceed 33 7 acre feet The allowed maximum annual amount of withdrawal may exceed the allowed average annual amount of withdrawal as long as the total volume of water withdrawn does not exceed the product of the number of years since the date of approval of this determination times the allowed average annual amount of withdrawal
19
aquifer characteristics the Commission may adjust the allowed average annual appropriation based on analysis of geophysical logs or other site specific data if such analysis indicates that the initial estimate of the volume of water in storage was incorrect To conform to actual
Applicant Eldon Aquifer Denver
R
Page
Bontreger
4
Determination No 222 BD
approval of a replacement plan providing for actual depletion to the alluvial aquifer and adequate to prevent any material injury to existing water rights is required prior to approval of well permits for wells to be located on this land area to withdraw ground water
20 Commission
from the aquifer 21
The
use
domestic
ground water from this appropriation shall be limited to the following uses watering irrigation and commercial The place of use shall be limited to
of
livestock
the above described 120
22
acre
land
area
subsequent persons controlling this water right shall record in the public county in which the claimed lands are located notice of transfer of any portion of this water right to another within sixty days after the transfer so that a title examination of the above described 120 acre land area or any part thereof shall reveal the changes affecting this water right Such notice shall consist of a signed and dated warranty deed which indicates the determination number the aquifer a description of the above described land area the amount transferred name of the recipient and the date of transfer The
applicant
or
records of the
23
Subject
to the above conditions well
permits
for wells to withdraw the authorized annual
amount of water from the aquifer shall be available upon the Commission and the following conditions a
The wells shall be located
on
the above described 120
application subject
acre
b The wells must be constructed to withdraw water from
for
a well
to construct such a
land
only
to
approval by
area
the Denver
Aquifer
Upon
well the estimated top and base of the
application permit aquifer at the proposed well location will be determined by the Commission and indicated on the approved well permit Plain non perforated casing must be installed grouted and sealed to prevent diversion of ground water from other aquifers and the movement of ground water between aquifers c The entire
depth
geophysically logged 2L E to installing the casing Water 7 Ground Rules 2 CCR 402 Nontributary
of each well must be
set forth in Rule 9 of the Statewide
d Each well shall be constructed within 200 feet of the location well
approved permit application existing large capacity well completed and
permit in the
specified
on
as
the individual
but must be more than 600 feet from any
same
aquifer
The wells may withdraw the allowed average annual amount of water from the aquifer together in any combination The total combined annual withdrawal of the wells shall not exceed the allowed average annual amount described in this Order e
fThe maximum
pumping
rate of each well shall not exceed 150 g m p
on each well and maintained in good working g A totalizing flow meter shall be installed order by the well owner Annual diversion records shall be collected and maintained by the
well
owner
Water
and submitted to the Commission
Management
District upon their
request
or
the
Upper
Black
Squirrel
Creek Ground
Applicant Eldon Aquifer Denver
R
Page 5
Bontreger
Determination No 222 BD
h The well owner shall mark the well in a name
of the
aquifer
conspicuous place
He shall take necessary
means
and
with the
permit number and the
precautions
to preserve these
markings
Dated this
a
f
ST
day of
No M V 800
110d Hal D
2001
z
Simpson
Executive Director Colorado Ground Water Commissi
B
Supervisor Designated
Prepared by
IDC
Basins Branch
EXHIBIT A Page
1 of 1
J
1 Rev August 19M Gws
D
u
J
STATE OF COLORADO OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES
NONTRIBUTARY GROUND WATER LANDOWNERSHIP STATEMENT
L DoN E
I We
claim and say that I 2 o consisting of
we
L3
P am
are
acres
o rJ
Name s owner County of
the
in the
7r of the
described
following
Pa SD
L
property State
of Colorado
INSERT
DESCRIPTION
PROPERTY LEGAL
SW Y o the
o the Sw
f
anal The
W A
Nw
j
o
S4E4
cl
t7
the
P7 0
3S
FL
So Pe
ip nSl ac
h
eS 1 U
1 c ou
4
n the
NE
SaU ahge 3
l2
SF
r
Ty
ac o co r
I2n C 4 and that the ground water sought to be withdrawn from the described land has not been conveyed or reserved aquifer underlying the above another nor has consent been given to its withdrawal by another Further I we claim and say that I contents
hereof
and that the
we
same are
to
have read the statements made herein know the true to my
our
own
knowledge
Date
Signature INSTRUCTIONS Please word
type
or
in black ink This form may be reproduced See additional instructions on back
print neatly
processing
means
1313 SHERMAN ST
RM 818
DENVER
CO
80203
by photocopy
3581 866 303
or
