First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 15-0901.01 Thomas Morris x4218 SENATE BILL 15-224 SENATE SPONSORSHIP Sonnenberg, HOUSE SPONSORSHIP (None), Senate Committees House Committees Agriculture, Natural Resources, & Energy A BILL FOR AN ACT Concerning a permitting exemption for systems that remove groundwater from soils that are adjacent to foundations. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Current law requires a permit to drill a water well. Section 1 of the bill specifies that neither a permit nor a replacement plan is needed for a system in a designated groundwater basin that collects and removes groundwater for the purpose of facilitating the use of land that would otherwise be adversely affected due to the presence of groundwater if the system does not penetrate a confining layer, and the farthest point of the collection system is no more than 10 feet from a building's foundation, the removed groundwater is not used for purposes other than collecting and removing groundwater from soils that are adjacent to a building's foundation, and the removed groundwater is returned directly into the aquifer. Section 2 makes an analogous exemption for areas of the state outside of designated groundwater basins. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 37-90-107, amend (1); and add (6.5) as follows: 37-90-107. Application for use of groundwater - publication of notice - conditional permit - hearing on objections - well permits. (1) Except as specified in subsection (6.5) of this section, any person desiring to appropriate groundwater for a beneficial use in a designated groundwater basin shall make application to the commission in a form to be prescribed by the commission. The applicant shall specify the particular designated groundwater basin or subdivision thereof of the groundwater basin from which water is proposed to be appropriated, the beneficial use to which it is proposed to apply such the water, the location of the proposed well, the name of the owner of the land on which such the well will be located, the estimated average annual amount of water applied for in acre-feet, the estimated maximum pumping rate in gallons per minute, and, if the proposed use is irrigation, the description of the land to be irrigated and the name of the owner thereof of the land, together with such other reasonable information as the commission may designate on the form prescribed. The amount of water applied for shall only be utilized on the land designated on the application. The place of use shall not be changed without first obtaining authorization from the ground water commission. (6.5) Neither a permit nor a replacement plan is required under this section for the construction and operation of a system that collects and removes groundwater from soils that are adjacent to a building's foundation for the purpose of facilitating the use of land that would otherwise be adversely affected due to the presence of groundwater if: (a) The system does not penetrate a confining layer; (b) The collection point of the system that is farthest away from the foundation is no more than ten feet from the foundation; (c) The removed groundwater is not used for purposes other than collecting and removing groundwater from soils that are adjacent to a building's foundation; and (d) The removed groundwater is neither conveyed to a different drainage sub-basin nor routed around other decreed water rights but is returned directly into the aquifer. SECTION 2. In Colorado Revised Statutes, 37-90-137, amend (1); and add (2) (e) as follows: 37-90-137. Permits to construct wells outside designated basins - fees - permit no groundwater right - evidence - time limitation - well permits - rules - repeal. (1) Except as specified in paragraph (e) of subsection (2) of this section, on and after May 17, 1965, no new wells shall be constructed outside the boundaries of a designated groundwater basin, nor the supply of water from existing wells outside the boundaries of a designated groundwater basin increased or extended, unless the user makes an application in writing to the state engineer for a permit to construct a well in a form to be prescribed by the state engineer. The applicant shall specify the particular aquifer from which the water is to be diverted, the beneficial use to which it is proposed to apply such the water, the location of the proposed well, the name of the owner of the land on which such the well will be located, the average annual amount of water applied for in acre-feet per year, the proposed maximum pumping rate in gallons per minute, and, if the proposed use is agricultural irrigation, a description of the land to be irrigated and the name of the owner thereof of the land, together with such other reasonable information as the state engineer may designate on the form prescribed. (2) (e) Neither a permit nor a replacement plan or substitute water supply plan is required under this section for the construction and operation of a system that collects and removes groundwater from soils that are adjacent to a building's foundation for the purpose of facilitating the use of land that would otherwise be adversely affected due to the presence of groundwater if: (I) The system does not penetrate a confining layer; (II) The collection point of the system that is farthest away from the foundation is no more than ten feet from the foundation; (III) The removed groundwater is not used for purposes other than collecting and removing groundwater from soils that are adjacent to a building's foundation; and (IV) The removed groundwater is neither conveyed to a different drainage sub-basin nor routed around other decreed water rights but is returned directly into the stream system on the lot or subdivision from which it was pumped. SECTION 3. 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 5, 2015, if adjournment sine die is on May 6, 2015); 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 2016 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 the operation of systems that collect and remove groundwater from soils that are adjacent to foundations occurring on or after the applicable effective date of this act.