7.7.4	Change of Use Involving Export from a Ground Water Management District

7.7.4.1	In consideration of the authority granted to management districts pursuant to Section 37-90-130(2)(f), C.R.S., if the requested change involves export of water out of the boundary of a Designated Ground Water Management District, the Commission shall request a written recommendation from the District and shall limit the approval of any export out of the District to an annual acre-feet amount not to exceed the amount approved for export by the District.  A District may request that the Commission evaluate the matters described in Rules 7.7.1, 7.7.2, and 7.7.3 prior to the District conducting its formal review of the export request, and if so requested, the Commission staff shall provide a preliminary evaluation to the District (which evaluation shall not constitute final action by the Commission on any portion of the change application), and then the Commission shall wait for the outcome of the District’s formal review of the export request before taking final action on the change application.  After receiving the District’s final decision on the export request, the Commission shall take final action on the change application and shall limit any approval to an annual acre-feet amount not to exceed the amount approved for export by the District.  
 
7.7.4.2	However, if the District requests deferral, or has a rule deferring its consideration of the export issue until after the Commission has approved the change application, the Commission shall take final action on the change application prior to District approval of an amount for export, in which case the Commission’s approval shall limit the future use to an amount not to exceed the legal historical depletion of the aquifer, and shall include a condition requiring subsequent District approval pursuant to Section 37-90-130(2)(f) before any actual export may occur.   

7.7.4.3	Any Commission approval under this Rule 7.7.4 shall also be limited by the provisions of Rule 7.7.1, 7.7.2 and 7.7.3.