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Background Documents 

Background documents are those that led to the Produced Nontributary Ground Water Rulemaking process for Oil and Gas production wells in 2009 and 2010.

In addition to the two resources listed below, you may also wish to review the direction given by the Supreme Court decision in the Vance v. Wolfe case and

House Bill 09-1303 - Concerning the application of engineering criteria to increase efficiency in the administration of wells that withdraw ground water in conjunction with the mining of minterals, and, in connection therewith, integrating wells that withdraw ground water in conjunction with the mining of minterals into the prior appropriation system and extending the time schedule for well owners to correct deficiencies in permitting and operation

Findings of Fact, Conclusions of Law, Judgment, and Order of the Water Court following a 2-day trial 1/14 and 15, 2008 concerning the application for underground water rights from nontributary sources of Wellington Water Works, LLC (Case No. 05CW343)
The water court was asked to determine the legal obligations of the State Engineer and Division Engineer for Water Division 7 regarding well permits and augmentation plans when ground water is diverted for the purpose of coalbed methane production.  The extraction of water to facilitate coalbed methane production is a “beneficial use” as defined in the Act and a “well” as defined in the Colorado Ground Water Management Act. Coalbed Methane production is therefore subject to regulation under both acts