Thanks Scott. It would seem that like most things of a legal, or Biblical nature, there appears to be much room for personal interpretation. The way I understand it, the definition of a high capacity well is derived from the hardware, or equipment needed to actually move that 70 gpm, NOT the volume of the aquifer itself.
My neighbors across the road have lived on the same piece of ground for over 50 years. Their well is only 60' deep. Should it be deeper? Probably, but that's never going to happen. If the aquifer they pull from can sustain a 25 gpm draw, what happens if I start pumping 40 gpm into my pond? I would be well within my rights to do so, apparently free from any possibility of legal action. However, that would mean little to that elderly couple whose well was no longer in contact with the water table. I might not sleep too well after that.
I'm not preaching, advocating, or trying to cop some holier-than-thou attitude. Everyone must do what they feel is right. Myself, I keep remembering something my grandmother used to say when I was young, something I've said here before: "Child, just because you CAN do something doesn't always mean you SHOULD." Thanks Grandma.