NOTE: The governor signed this measure on 3/15/2013.
      
      
      SENATE BILL 13-072
      
      
      BY SENATOR(S) Hodge, Baumgardner, Brophy, Giron, Roberts,
      Schwartz, Carroll;
      also REPRESENTATIVE(S) Sonnenberg, Fischer, Coram, Ginal,
      Humphrey, Lebsock, McLachlan, Pettersen, Vigil, Young.
      
      
      Concerning the deletion of the requirement for a final permit for
           all wells withdrawing designated ground water from the
           Denver basin aquifers.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 37-90-108, amend (2)
      (a), (2) (d), and (3) (a) as follows:
      
           37-90-108.  Final permit - evidence of well construction and
      beneficial use - limitations. (2) (a)  If the well or wells described in a
      conditional permit have been constructed in compliance with subsection (1)
      of this section, the applicant, within three years after the date of the issuance
      of said permit, shall furnish by sworn affidavit, in the form prescribed by
      the commission, evidence that water from such well or wells has been put
      to beneficial use; except that the requirements of this paragraph (a) shall
      does not apply to a well described in a conditional permit issued on or after
      July 1, 1991, to withdraw designated ground water from the Dawson,
      Denver, Arapahoe, or Laramie-Fox Hills aquifers.
      
           (d)  If the well described in a conditional permit issued on or after
      July 1, 1991, to withdraw designated ground water from the Dawson,
      Denver, Arapahoe, or Laramie-Fox Hills aquifers has been constructed in
      compliance with subsection (1) of this section, the applicant shall file a
      notice with the commission of commencement of beneficial use on a form
      prescribed by the commission within thirty days after the first beneficial use
      of any water withdrawn from such the well.
      
           (3) (a) (I)  To the extent that the commission finds that water has
      been put to a beneficial use and that the other terms of the conditional
      permit have been complied with and after publication of the information
      required in the final permit, as provided in section 37-90-112, the
      commission shall order the state engineer to issue a final permit to use
      designated ground water, containing such limitations and conditions as the
      commission deems necessary to prevent waste and to protect the rights of
      other appropriators. In determining the extent of beneficial use for the
      purpose of issuing final permits, the commission may use the same criteria
      for determining the amount of water used on each acre that has been
      irrigated that is used in evaluating the amount of water available for
      appropriation under section 37-90-107. The provisions of This
      subparagraph (I) shall does not apply to a well described in a conditional
      permit issued on or after July 1, 1991, to withdraw designated ground water
      from the Dawson, Denver, Arapahoe, or Laramie-Fox Hills aquifers.
      
           (II)  A final permit is not required to be issued for a well described
      in a conditional permit issued on or after July 1, 1991, to withdraw
      designated ground water from the Dawson, Denver, Arapahoe, or
      Laramie-Fox Hills aquifers. For such a well, a conditional permit, subject
      to the conditions of issuance of such a permit, shall be considered a final
      determination of a well's water right if the well is in compliance with all
      other applicable requirements of this article.
      
           SECTION 2.  Act subject to petition - effective date -
      applicability. (1)  This act takes effect at 12:01 a.m. on the day following
      the expiration of the ninety-day period after final adjournment of the
      general assembly (August 7, 2013, if adjournment sine die is on May 8,
      2013); except that, if a referendum petition is filed pursuant to section 1 (3)
      of article V of the state constitution against this act or an item, section, or
      part of this act within such period, then the act, item, section, or part will
      not take effect unless approved by the people at the general election to be
      held in November 2014 and, in such case, will take effect on the date of the
      official declaration of the vote thereon by the governor.
      
           (2)  This act applies to permits issued for designated ground water
      from the Dawson, Denver, Arapahoe, or Laramie-Fox Hills aquifers before,
      on, or after the applicable effective date of this act.
      
      
      
      
      ____________________________  ____________________________
      John P. Morse                         Mark Ferrandino
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Cindi L. Markwell                      Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO