NOTE:  This bill has been prepared for the signature of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      HOUSE BILL 11-1286
      
      
      BY REPRESENTATIVE(S) Sonnenberg and Becker, Baumgardner,
      Brown, Coram, DelGrosso, Fischer, Hullinghorst, Joshi, McKinley,
      McNulty, Pace, Priola, Ramirez, Scott, Swalm, Wilson, Fields, Gerou,
      Labuda, Massey, Nikkel, Vigil;
      also SENATOR(S) Schwartz, Brophy, Giron, Grantham, Guzman, Hodge,
      Jahn, Renfroe, Tochtrop.
      
      
      Concerning the state engineer's rule-making authority in the case
           of dewatering of geologic formations by withdrawing
           nontributary ground water to facilitate the mining of
           minerals.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  The introductory portion to 37-90-137 (7) and
      37-90-137 (7) (c), Colorado Revised Statutes, are amended to read:
      
           37-90-137.  Permits to construct wells outside designated basins
      - fees - permit no ground water right - evidence - time limitation - well
      permits - rules - repeal.  (7)  In the case of dewatering of geologic
      formations by withdrawing nontributary groundwater ground water to
      facilitate or permit mining of minerals:
      
           (c)  The state engineer may, pursuant to the "State Administrative
      Procedure Act", article 4 of title 24, C.R.S., adopt rules to assist with the
      administration of this subsection (7).  The rule-making authority
      includes the promulgation of rules pursuant to which ground
      water within formations and basins, in whole or part, is
      determined to be nontributary for the purposes of this subsection
      (7).  The rules may also provide rule-making and adjudicatory
      procedures for nontributary determinations to be made after the
      initial rule-making pursuant to this subsection (7).  In all
      rule-making proceedings authorized by this subsection (7), the state
      engineer shall afford interested persons the right of cross-examination. 
      Judicial review of all rules promulgated pursuant to this subsection (7),
      shall be including all nontributary determinations made pursuant
      to this subsection (7), is in accordance with the "State Administrative
      Procedure Act"; except that venue for such review shall lie lies exclusively
      with the water judge or judges for the water division or divisions within
      which the ground water that is the subject of such rules or
      determinations is located.  In any judicial action seeking to curtail
      the withdrawal, use, or disposal of ground water pursuant to this
      subsection (7) or to otherwise declare such activities unlawful,
      the court shall presume, subject to rebuttal, that any applicable
      nontributary determination made by the state engineer is valid. 
      Any rules promulgated pursuant to this subsection (7) shall must not
      conflict with existing laws and shall do not affect the validity of ground
      water well permits existing prior to the adoption of such rules.
      
           SECTION 2.  Applicability.  This act shall apply to nontributary
      determinations made and rules promulgated before, on, or after the
      applicable effective date of this act.
      
           SECTION 3.  Safety clause.  The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      
      ________________________________________________________
      Frank McNulty                      Brandon C. Shaffer
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO