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Show 710 GROUND WATER RIGHTS IN SELECTED STATES Ground water management districts may be formed within designated ground water basins, provided that all ground water acquifers within the geo- graphic boundaries of such a district have been designated as a part of the district by the Commission. The Commission shall approve or disapprove the proposed boundaries of such a district which may be formed upon (1) a peti- tion, (2) a hearing on its feasibility and boundaries, and (3) the majority vote of the taxpaying electors in the district. The district's board of directors shall be resident landowners and have a variety of statutory powers, including: (1) consulting with the Commission on all ground water matters affecting the district, including the suitability of proposed restrictions or regulations; (2) cooperating with the Commission in their enforcement; (3) subject to consulta- tion with the Commission, holding a public hearing, and approval by the Com- mission if there are objections, (a) to promulgate reasonable rules and regula- tions for conserving, preserving, protecting, and recharging the ground water, (b) to provide for the spacing of wells and regulating their production, (c) to require the closing or capping of unused open or uncovered wells, and (d) to prohibit "the use of ground water outside the boundaries of the district where such use materially affects the rights acquired by permit" within the dis- trict.222 With regard to the uses of ground water located outside a designated water basin, the 1965 act provided that after its effective date no new wells shall be constructed nor the supply from existing wells increased or extended without a "permit to construct a well" from the State Engineer. Upon application for such a permit, he shall determine whether or not the exercise of such a permit will materially injure the vested water rights of others. If it will, the application shall be denied; if not, he shall issue a "permit to construct a well" which "shall set forth such conditions for drilling, casing, and equipping wells and other diversion facilities as are reasonably necessary to prevent waste, pollu- tion, or material injury to existing rights." The State Engineer shall record the date of the receipt of application and preserve it and the permit so indexed "as to be useful in determining the extent of the uses made of various ground water sources."223 wells combined would deplete the aquifer in excess of the rate of depletion prescribed by the ground water commission or by the ground water management district rules and regulations [if any]." (2) "The ground water commission shall order the total or partial discontinuance of any diversion within a ground water basin to the extent the water being diverted is not necessary for application to a beneficial use." 222Colo. Rev. Stat. Ann. § 148-18-29 and 148-18-30 (Supp. 1965). As amended by Laws 1971, ch. 367, § § 13 and 14, p. 1316, these subsections also provide that district di- rectors may adopt appropriate devices, procedures, measures, or methods in the control and administration of ground water extractions; the control measures are subject to the Commission's review and approval and to court appeal by dissatisfied persons. With respect to consultation with the Commission, see also Colo. Rev. Stat. Ann. § 148-18-10(e) (Supp. 1965). "3Colo. Rev. Stat. Ann. § 148-18-36 (Supp. 1965). |