BY REPRESENTATIVES Young and Entz;
also SENATORS Ament, Bishop, J. Johnson, and
Norton.
CONCERNING ADMINISTRATIVE FUNCTIONS RELATED TO THE
REGULATION OF GROUND WATER, AND, IN CONNECTION THEREWITH, MAKING
AN APPROPRIATION.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 3780111.5
(1) (d), Colorado Revised Statutes, is amended to read:
3780111.5. Fees
water data bank cash fund division of water resources publication
cash fund satellite monitoring system cash fund
ground water management cash fund created.
(1) (d) The state engineer shall collect fees
pursuant to sections 3790105
(2) 3790105 (3) (a) AND
(4), 3790107 (7) (c) (I) AND (7) (d) (I), 3790108
(4) AND (6), 3790116 (1) (a), (1) (c), and
(1) (h), AND (1) (i), 3790137 (2), and
(3) (a), AND (3) (c), and 3792602 (3) (a) and (5).
All such fees shall be transmitted to the state treasurer, who
shall credit the same to the division of water resources ground
water management cash fund, which is hereby created; except that,
of each fee collected pursuant to section 3790107
(7) (c) (I) AND (7) (d) (I), 3790116 (1) (a), and
(1) (h), AND (1) (i), thirty dollars shall be credited to the
general fund; of each fee collected pursuant to section 3790137
(2) and (3) (a) (I) and (3) (a) (II) and section 3792602
(3) (a) for wells applied for pursuant to section 3792 602
(3) (b), twentyfive dollars shall be credited to the general
fund; of each fee collected pursuant to section 3790116
(1) (c), ten dollars shall be credited to the general fund; and,
of each fee collected pursuant to section 3790105
(2) (3)
(a) AND (4) (a) and section 3792602 (3) (a) for wells
applied for pursuant to section 3792602 (3) (c) and
(5), five dollars shall be credited to the general fund. Moneys
in the ground water management cash fund shall be expended by
the state engineer for the purposes of developing an automated
well permit processing system which
THAT will expedite the issuance of well permits, creating and
maintaining a ground water information management system, establishing
a ground water data network, establishing ground water recharge
programs, conducting ground water investigations, and for other
ground water related activities which
THAT are deemed necessary by the state engineer in performing
his statutory
duties, subject to appropriation by the general assembly. Data
in the ground water data network shall be made available to the
public by the office of the state engineer as expeditiously as
possible.
SECTION 2. 3790103,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
3790103. Definitions.
As used in this article, unless the context otherwise requires:
(12.7) "REPLACEMENT PLAN" MEANS
A DETAILED PROGRAM TO INCREASE THE SUPPLY OF WATER AVAILABLE FOR
BENEFICIAL USE IN A DESIGNATED GROUND WATER BASIN OR PORTION THEREOF
FOR THE PURPOSE OF PREVENTING MATERIAL INJURY TO OTHER WATER RIGHTS
BY THE DEVELOPMENT OF NEW POINTS OF DIVERSION, BY POOLING OF WATER
RESOURCES, BY WATER EXCHANGE PROJECTS, BY PROVIDING SUBSTITUTE
SUPPLIES OF WATER, BY THE DEVELOPMENT OF NEW SOURCES OF WATER,
OR BY ANY OTHER APPROPRIATE MEANS CONSISTENT WITH THE RULES ADOPTED
BY THE COMMISSION. "REPLACEMENT PLAN" DOES NOT INCLUDE
THE SALVAGE OF DESIGNATED GROUND WATER BY THE ERADICATION OF PHREATOPHYTES,
NOR DOES IT INCLUDE THE USE OF PRECIPITATION WATER COLLECTED FROM
LAND SURFACES THAT HAVE BEEN MADE IMPERMEABLE, THEREBY INCREASING
THE RUNOFF, BUT NOT ADDING TO THE EXISTING SUPPLY OF WATER.
SECTION 3. 3790104
(5) and (6), Colorado Revised Statutes, are amended to read:
3790104. Commission
organization expenses. (5) Members
of the commission shall be paid no compensation but shall be paid
actual necessary expenses incurred by them in the performance
of their duties as members thereof and a per diem of twentyfive
FIFTY dollars per day while performing official duties, not to
exceed one thousand two hundred
TWO THOUSAND FOUR HUNDRED dollars in any year.
(6) The commission shall biennially select
a chairman
CHAIR and vicechairman
VICECHAIR from among the appointed members. The state engineer
shall be ex officio the executive director of the commission and
shall carry out and enforce the decisions, orders, and policies
of the commission. The commission may delegate to the executive
director the authority to perform any of the functions of the
commission as set forth in this article except the determination
of a designated ground water basin as set forth in section 3790106
the establishment of priority of claims
for the appropriation of designated ground water as set forth
in section 3790109, and
the creation of ground water management districts. If any person
is dissatisfied with any action of the executive director under
the exercise of the powers delegated by the commission, he
THE PERSON may appeal said action to the commission, which shall
hear his
THE PERSON'S appeals as specified in sections 3790113
and 3790114.
SECTION 4. 3790105,
Colorado Revised Statutes, is amended to read:
3790105. Small capacity
wells. (1) The state engineer
has the authority to approve permits for the following types of
wells in designated ground water basins without regard to any
other provisions of this article: but
ground water management districts may by rules and regulations
further restrict issuance of small capacity permits:
(a) Wells not exceeding fifty gallons
per minute and used for no more than three singlefamily
dwellings, including the normal operations associated with such
dwellings but not including the irrigation of more than one acre
of land;
(b) Wells not exceeding fifty gallons
per minute and used for watering of livestock on range and pasture;
(c) (I) One well not exceeding fifty
gallons per minute and used in one commercial business. or
(II) TO QUALIFY AS A "COMMERCIAL
BUSINESS" UNDER THIS PARAGRAPH (c), THE BUSINESS SHALL BE:
(A) A BUSINESS THAT WILL BE OPERATED BY
THE WELL OWNER AND THAT WILL HAVE ITS OWN BOOKS, BANK ACCOUNTS,
CHECKING ACCOUNTS, AND SEPARATE TAX RETURNS;
(B) A BUSINESS THAT WILL USE WATER SOLELY
ON THE LAND INDICATED IN THE PERMIT FOR THE WELL AND FOR THE PURPOSES
STATED IN SUCH PERMIT;
(C) A BUSINESS THAT WILL MAINTAIN ITS
INDIVIDUAL ASSETS AND WILL OWN OR LEASE THE PROPERTY ON WHICH
THE WELL IS TO BE LOCATED OR WHERE THE BUSINESS IS OPERATED;
(D) A BUSINESS THAT WILL HAVE ITS OWN
CONTRACTUAL AGREEMENTS FOR OPERATION OF THE BUSINESS;
(E) A BUSINESS THAT AGREES NOT TO TRANSFER
A PERMIT ISSUED UNDER THIS PARAGRAPH (c) TO ANOTHER ENTITY THAT
ALSO HOLDS A SMALL CAPACITY COMMERCIAL WELL PERMIT UNDER THIS
PARAGRAPH (c); AND
(F) A BUSINESS THAT AGREES TO NOTIFY ANY
POTENTIAL BUYER THAT SUCH BUYER SHALL NOTIFY THE STATE ENGINEER
OF ANY CHANGE IN OWNERSHIP OF SUCH BUSINESS WITHIN SIXTY DAYS
AFTER ANY SUCH CHANGE IN OWNERSHIP.
(d) Wells to be used exclusively for monitoring
and observation purposes if said wells are capped and locked and
used only to monitor water levels or for water quality sampling;
OR
(e) WELLS TO BE USED EXCLUSIVELY FOR FIREFIGHTING
PURPOSES IF SAID WELLS ARE CAPPED AND LOCKED AND AVAILABLE FOR
USE ONLY IN FIGHTING FIRES.
(2) THE STATE ENGINEER HAS THE AUTHORITY
TO ADOPT RULES IN ACCORDANCE WITH SECTION 244103,
C.R.S., TO CARRY OUT THE PROVISIONS OF THIS SECTION. ANY PARTY
ADVERSELY AFFECTED OR AGGRIEVED BY A RULE ADOPTED BY THE STATE
ENGINEER MAY SEEK JUDICIAL REVIEW OF SUCH ACTION PURSUANT TO SECTION
244106, C.R.S.
(2) (3) (a) WELLS
OF THE TYPE DESCRIBED IN THIS SECTION MAY BE CONSTRUCTED ONLY
UPON THE ISSUANCE OF A PERMIT IN ACCORDANCE WITH THE PROVISIONS
OF THIS SECTION. A fee of sixty dollars shall accompany any application
for a new well permit under this section. A fee of twenty dollars
shall accompany any application for a replacement well of the
type described in subsection (1) of this section.
(b) BEGINNING ON THE EFFECTIVE DATE OF
THIS PARAGRAPH (b) THE STATE ENGINEER SHALL NOT APPROVE A PERMIT
FOR A SMALL CAPACITY WELL WITH AN ANNUAL VOLUME OF USE IN EXCESS
OF FIVE ACREFEET, UNLESS THE WELL IS LOCATED IN A GROUND
WATER MANAGEMENT DISTRICT THAT HAS ADOPTED RULES THAT ALLOW AN
ANNUAL VOLUME IN EXCESS OF FIVE ACREFEET. THIS LIMITATION
SHALL NOT APPLY TO A REPLACEMENT PERMIT FOR A WELL WHERE THE ORIGINAL
PERMIT ALLOWS AN ANNUAL VOLUME OF USE IN EXCESS OF FIVE ACREFEET
OR TO A PERMIT FOR A WELL COVERED BY THE PROVISIONS OF SUBSECTION
(4) OF THIS SECTION WHERE THE ACTUAL ANNUAL VOLUME OF USE WAS
IN EXCESS OF FIVE ACREFEET.
(c) IF THE APPLICATION IS MADE PURSUANT
TO THIS SECTION FOR A WELL THAT WILL BE LOCATED IN A SUBDIVISION,
AS DEFINED IN SECTION 3028101 (10), C.R.S., AND APPROVED
ON OR AFTER JUNE 1, 1972, PURSUANT TO ARTICLE 28 OF TITLE 30,
C.R.S., FOR WHICH THE WATER SUPPLY PLAN HAS NOT BEEN RECOMMENDED
FOR APPROVAL BY THE STATE ENGINEER, THE CUMULATIVE EFFECT OF ALL
SUCH WELLS IN THE SUBDIVISION SHALL BE CONSIDERED IN DETERMINING
MATERIAL INJURY, AND THE STATE ENGINEER SHALL DENY THE APPLICATION
IF IT IS DETERMINED THAT THE PROPOSED WELL WILL CAUSE MATERIAL
INJURY TO EXISTING WATER RIGHTS.
(d) (I) IF ANY PERSON WISHES TO REPLACE
AN EXISTING WELL OF THE TYPE DESCRIBED IN SUBSECTION (1) OF THIS
SECTION, SUCH PERSON SHALL FILE AN APPLICATION PURSUANT TO THIS
SUBSECTION (3) FOR THE CONSTRUCTION OF A WELL AND SHALL STATE
IN SUCH APPLICATION SUCH PERSON'S INTENT TO ABANDON THE EXISTING
WELL THAT IS TO BE REPLACED.
(II) IF SUCH A REPLACEMENT WELL WILL NOT
CHANGE THE AMOUNT OR TYPE OF USE OF WATER THAT CAN LAWFULLY BE
MADE BY MEANS OF THE EXISTING WELL, A PERMIT TO CONSTRUCT AND
USE THE REPLACEMENT WELL SHALL BE ISSUED, AND THE EXISTING WELL
SHALL BE ABANDONED WITHIN NINETY DAYS AFTER THE COMPLETION OF
THE REPLACEMENT WELL.
(e) WELLS FOR WHICH PERMITS HAVE BEEN
GRANTED OR MAY BE GRANTED SHALL BE CONSTRUCTED WITHIN TWO YEARS
AFTER THE PERMIT IS ISSUED, WHICH TIME MAY BE EXTENDED FOR SUCCESSIVE
YEARS AT THE DISCRETION OF THE STATE ENGINEER FOR GOOD CAUSE SHOWN.
(4) (a) ANY WELLS OF THE TYPE DESCRIBED
BY THIS SECTION THAT WERE PUT TO BENEFICIAL USE PRIOR TO MAY 8,
1972, AND ANY WELLS THAT WERE USED EXCLUSIVELY FOR MONITORING
AND OBSERVATION PURPOSES PRIOR TO AUGUST 1, 1988, NOT OF RECORD
IN THE OFFICE OF THE STATE ENGINEER, MAY BE RECORDED IN THAT OFFICE
UPON WRITTEN APPLICATION, PAYMENT OF A PROCESSING FEE OF SIXTY
DOLLARS, AND PERMIT APPROVAL. THE RECORD SHALL INCLUDE THE DATE
THE WATER IS CLAIMED TO HAVE BEEN FIRST PUT TO BENEFICIAL USE.
(b) ANY OWNER OF AN EXISTING WELL THAT
WAS CONSTRUCTED PRIOR TO MAY 8, 1972, OR HAS A WELL PERMIT ISSUED
PRIOR TO JANUARY 1, 1996, UNDER THE PROVISIONS OF THIS SECTION,
AND THAT WAS PUT TO BENEFICIAL USE FOR WATERING LIVESTOCK IN A
CONFINED ANIMALFEEDING OPERATION PRIOR TO JANUARY 1, 1996,
AND HAS BEEN USED FOR THAT PURPOSE, MAY APPLY BY DECEMBER 31,
1999, TO OBTAIN A NEW PERMIT FOR THAT WELL UP TO THE EXTENT OF
ITS BENEFICIAL USE PRIOR TO JANUARY 1, 1996, FOR WATERING LIVESTOCK
IN THAT COMMERCIAL BUSINESS PURSUANT TO PARAGRAPH (c) OF SUBSECTION
(1) OF THIS SECTION. SUCH WELL SHALL BE IN ADDITION TO THE ONE
COMMERCIAL BUSINESS WELL ALLOWED IN PARAGRAPH (c) OF SUBSECTION
(1) OF THIS SECTION. SUCH AN APPLICATION SHALL INCLUDE A SIXTY
DOLLAR FILING FEE AND SHALL PROVIDE DOCUMENTATION OF THE ANNUAL
VOLUME OF WATER PUT TO BENEFICIAL USE FROM THE WELL. THE STATE
ENGINEER SHALL HAVE THE AUTHORITY TO DETERMINE THE ADEQUACY OF
THE SUBMITTED INFORMATION FOR THE PURPOSE OF APPROVING COMPLETELY,
APPROVING IN PART, OR DENYING THE APPLICATION. PERMITS ISSUED
AFTER JANUARY 1, 1996, UP TO THE EFFECTIVE DATE OF THIS PARAGRAPH
(b) SHALL REMAIN VALID THEREAFTER ACCORDING TO THE TERMS AND CONDITIONS
OF THOSE PERMITS.
(3) (5) The
state engineer shall act upon an application filed under this
section within fortyfive days after such filing and shall
support his
THE ruling with a written statement of the basis therefor. and
the provisions of article 4 of title 24, C.R.S., shall apply.
(6) (a) ANY PERSON AGGRIEVED BY A
DECISION OF THE STATE ENGINEER GRANTING OR DENYING AN APPLICATION
UNDER THIS SECTION MAY REQUEST A HEARING BEFORE THE STATE ENGINEER
PURSUANT TO SECTION 244104, C.R.S. THE STATE ENGINEER
MAY, IN THE STATE ENGINEER'S DISCRETION, HAVE SUCH HEARINGS CONDUCTED
BEFORE SUCH AGENT AS IT MAY DESIGNATE FOR A RULING IN THE MATTER.
ANY PARTY WHO SEEKS TO REVERSE OR MODIFY THE RULING OF THE AGENT
OF THE STATE ENGINEER MAY FILE AN APPEAL TO THE STATE ENGINEER
PURSUANT TO SECTION 244105, C.R.S.
(b) ANY PARTY AGGRIEVED BY A FINAL DECISION
OF THE STATE ENGINEER GRANTING OR DENYING AN APPLICATION FILED
UNDER THIS SECTION MAY WITHIN THIRTY DAYS AFTER SUCH DECISION
FILE A PETITION FOR REVIEW WITH THE DISTRICT COURT IN THE COUNTY
IN WHICH THE WELL IS LOCATED. UPON RECEIPT OF SUCH PETITION,
THE DESIGNATED GROUND WATER JUDGE FOR THE BASIN IN WHICH THE WELL
IS LOCATED SHALL CONDUCT SUCH HEARINGS, PURSUANT TO SECTION 244106,
C.R.S., AS NECESSARY TO DETERMINE WHETHER OR NOT THE DECISION
OF THE STATE ENGINEER SHALL BE UPHELD. IN ANY CASE IN WHICH THE
STATE ENGINEER'S DECISION IS REVERSED, THE JUDGE SHALL ORDER THE
STATE ENGINEER TO GRANT OR DENY THE APPLICATION, AS SUCH REVERSAL
MAY REQUIRE, AND MAY SPECIFY SUCH TERMS AND CONDITIONS AS ARE
APPROPRIATE.
(7) THE BOARD OF ANY GROUND WATER MANAGEMENT
DISTRICT HAS THE AUTHORITY TO ADOPT RULES THAT FURTHER RESTRICT
THE ISSUANCE OF SMALL CAPACITY WELL PERMITS. IN ADDITION, THE
BOARD OF ANY GROUND WATER MANAGEMENT DISTRICT HAS THE AUTHORITY
TO ADOPT RULES THAT EXPAND THE ACREFOOT LIMITATIONS FOR
SMALL CAPACITY WELLS SET FORTH IN THIS SECTION. HOWEVER, IN NO
EVENT SHALL AN ANNUAL VOLUME OF MORE THAN EIGHTY ACREFEET
BE ALLOWED FOR ANY SMALL CAPACITY WELL. RULES ADOPTED BY THE
BOARD MAY BE INSTITUTED ONLY AFTER A PUBLIC HEARING. NOTICE OF
SUCH HEARING SHALL BE PUBLISHED. SUCH NOTICE SHALL STATE THE
TIME AND PLACE OF THE HEARING AND DESCRIBE, IN GENERAL TERMS,
THE RULES PROPOSED. WITHIN SIXTY DAYS AFTER SUCH HEARING THE
BOARD SHALL ANNOUNCE THE RULES ADOPTED AND SHALL CAUSE NOTICE
OF SUCH ACTION TO BE PUBLISHED. IN ADDITION, THE BOARD SHALL
MAIL, WITHIN FIVE DAYS AFTER THE ADOPTION OF THE RULES, A COPY
OF THE RULES TO THE STATE ENGINEER. ANY PARTY ADVERSELY AFFECTED
OR AGGRIEVED BY SUCH A RULE MAY, NOT LATER THAN THIRTY DAYS AFTER
THE LAST DATE OF PUBLICATION, INITIATE JUDICIAL REVIEW IN ACCORDANCE
WITH THE PROVISIONS OF SECTION 244106, C.R.S.; EXCEPT
THAT VENUE FOR SUCH JUDICIAL REVIEW SHALL BE IN THE DISTRICT COURT
FOR THE COUNTY IN WHICH THE OFFICE OF THE GROUND WATER MANAGEMENT
DISTRICT IS LOCATED.
SECTION 5. 3790107
(5), Colorado Revised Statutes, is amended, and the said 3790107
is further amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS,
to read:
3790107. Application for
use of ground water publication of notice conditional
permit hearing on objections well permits.
(5) In ascertaining whether a proposed use will create
unreasonable waste or unreasonably affect the rights of other
appropriators, the commission shall take into consideration the
area and geologic conditions, the average annual yield and recharge
rate of the appropriate water supply, the priority and quantity
of existing claims of all persons to use the water, the proposed
method of use, and all other matters appropriate to such questions.
With regard to whether a proposed use will impair uses under
existing water rights, impairment shall include the unreasonable
lowering of the water level, or the unreasonable deterioration
of water quality, beyond reasonable economic limits of withdrawal
or use. IF AN APPLICATION FOR A WELL PERMIT CANNOT OTHERWISE
BE GRANTED PURSUANT TO THIS SECTION, A WELL PERMIT MAY BE ISSUED
UPON APPROVAL BY THE GROUND WATER COMMISSION OF A REPLACEMENT
PLAN THAT MEETS THE REQUIREMENTS OF THIS ARTICLE AND THE RULES
ADOPTED BY THE COMMISSION. A REPLACEMENT PLAN SHALL NOT BE USED
AS A VEHICLE FOR AVOIDING LIMITATIONS ON EXISTING WELLS, INCLUDING
BUT NOT LIMITED TO RESTRICTIONS ON CHANGE OF WELL LOCATION. THEREFORE,
BEFORE APPROVING ANY REPLACEMENT PLAN THAT INCLUDES EXISTING WELLS,
THE COMMISSION SHALL REQUIRE INDEPENDENT COMPLIANCE WITH ALL RULES
GOVERNING THOSE EXISTING WELLS IN ADDITION TO COMPLIANCE WITH
ANY GUIDELINES OR RULES GOVERNING REPLACEMENT PLANS.
(7) (a) THE COMMISSION SHALL ALLOCATE,
UPON THE BASIS OF THE OWNERSHIP OF THE OVERLYING LAND, ANY DESIGNATED
GROUND WATER CONTAINED IN THE DAWSON, DENVER, ARAPAHOE, OR LARAMIEFOX
HILLS AQUIFERS. PERMITS ISSUED PURSUANT TO THIS SUBSECTION (7)
SHALL ALLOW WITHDRAWALS ON THE BASIS OF AN AQUIFER LIFE OF ONE
HUNDRED YEARS. THE COMMISSION SHALL ADOPT THE NECESSARY RULES
TO CARRY OUT THE PROVISIONS OF THIS SUBSECTION (7).
(b) ANY RIGHT TO THE USE OF GROUND WATER
ENTITLING ITS OWNER OR USER TO CONSTRUCT A WELL, WHICH RIGHT WAS
INITIATED PRIOR TO NOVEMBER 19, 1973, AS EVIDENCED BY A CURRENT
DECREE, WELL REGISTRATION STATEMENT, OR AN UNEXPIRED WELL PERMIT
ISSUED PRIOR TO NOVEMBER 19, 1973, SHALL NOT BE SUBJECT TO THE
PROVISIONS OF PARAGRAPH (a) OF THIS SUBSECTION (7).
(c) (I) RIGHTS TO DESIGNATED GROUND
WATER IN THE DAWSON, DENVER, ARAPAHOE, OR LARAMIEFOX HILLS
AQUIFERS TO BE ALLOCATED PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION
(7) MAY BE DETERMINED IN ACCORDANCE WITH THE PROVISIONS OF THIS
SECTION. ANY PERSON DESIRING TO OBTAIN SUCH A DETERMINATION SHALL
MAKE APPLICATION TO THE COMMISSION IN A FORM TO BE PRESCRIBED
BY THE COMMISSION. A FEE OF SIXTY DOLLARS SHALL BE SUBMITTED
WITH THE APPLICATION FOR EACH AQUIFER, WHICH SUM SHALL NOT BE
REFUNDED. THE APPLICATION MAY ALSO INCLUDE A REQUEST FOR APPROVAL
OF A REPLACEMENT PLAN IF ONE IS REQUIRED UNDER COMMISSION RULES
TO REPLACE ANY DEPLETIONS TO ALLUVIAL AQUIFERS CAUSED DUE TO WITHDRAWAL
OF GROUND WATER FROM THE DAWSON, DENVER, ARAPAHOE, OR LARAMIEFOX
HILLS AQUIFERS.
(II) THE PUBLICATION AND HEARING REQUIREMENTS
OF THIS SECTION SHALL ALSO APPLY TO AN APPLICATION FOR DETERMINATION
OF WATER RIGHTS PURSUANT TO THIS SUBSECTION (7).
(III) ANY SUCH COMMISSION APPROVED DETERMINATION
SHALL BE CONSIDERED A FINAL DETERMINATION OF THE AMOUNT OF GROUND
WATER SO DETERMINED; EXCEPT THAT THE COMMISSION SHALL RETAIN JURISDICTION
FOR SUBSEQUENT ADJUSTMENT OF SUCH AMOUNT TO CONFORM TO THE ACTUAL
LOCAL AQUIFER CHARACTERISTICS FROM ADEQUATE INFORMATION OBTAINED
FROM WELL DRILLING OR TEST HOLES.
(d) (I) ANY PERSON DESIRING A PERMIT
FOR A WELL TO WITHDRAW GROUND WATER FOR A BENEFICIAL USE FROM
THE DAWSON, DENVER, ARAPAHOE, OR LARAMIEFOX HILLS AQUIFERS
SHALL MAKE APPLICATION TO THE COMMISSION ON A FORM TO BE PRESCRIBED
BY THE COMMISSION. A FEE OF SIXTY DOLLARS SHALL BE SUBMITTED
WITH THE APPLICATION, WHICH SUM SHALL NOT BE REFUNDED.
(II) A WELL PERMIT SHALL NOT BE GRANTED
UNLESS A DETERMINATION OF GROUND WATER TO BE WITHDRAWN BY THE
WELL HAS BEEN MADE PURSUANT TO PARAGRAPH (c) OF THIS SUBSECTION
(7).
(III) THE APPLICATION FOR A WELL PERMIT
SHALL ALSO INCLUDE A REPLACEMENT PLAN IF ONE IS REQUIRED UNDER
COMMISSION RULES TO REPLACE ANY DEPLETIONS TO ALLUVIAL AQUIFERS
CAUSED DUE TO WITHDRAWAL OF GROUND WATER FROM THE DAWSON, DENVER,
ARAPAHOE, OR LARAMIEFOX HILLS AQUIFERS AND THE REQUIRED
PLAN HAS NOT BEEN APPROVED PURSUANT TO PARAGRAPH (c) OF THIS SUBSECTION
(7). THE PUBLICATION AND HEARING REQUIREMENTS OF THIS SECTION
SHALL APPLY TO AN APPLICATION FOR SUCH A REPLACEMENT PLAN.
(IV) THE ANNUAL AMOUNT OF WITHDRAWAL ALLOWED IN ANY WELL PERMITS ISSUED UNDER THIS SUBSECTION (7) SHALL BE LESS THAN OR EQUAL TO THE AMOUNT DETERMINED PURSUANT TO PARAGRAPH (c) OF THIS SUBSECTION (7) AND MAY, IF SO PROVIDED BY ANY SUCH DETERMINATION, PROVIDE FOR THE SUBSEQUENT ADJUSTMENT OF SUCH AMOUNT TO CONFORM TO THE ACTUAL AQUIFER CHARACTERISTICS ENCOUNTERED UPON DRILLING OF THE WELL OR TEST HOLES.
(8) THE COMMISSION SHALL HAVE THE EXCLUSIVE
AUTHORITY TO ISSUE OR DENY WELL PERMITS UNDER THIS SECTION. THE
COMMISSION SHALL CONSIDER ANY RECOMMENDATION BY GROUND WATER MANAGEMENT
DISTRICTS CONCERNING WELL PERMIT APPLICATIONS UNDER THIS SECTION.
SECTION 6. Article
90 of title 37, Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SECTION to read:
3790107.5. Replacement
plans. ANY PERSON DESIRING TO OBTAIN
AN APPROVAL OF A REPLACEMENT PLAN WITHIN THE BOUNDARIES OF A DESIGNATED
GROUND WATER BASIN PURSUANT TO THE PROVISIONS OF THIS ARTICLE,
SHALL MAKE AN APPLICATION TO THE COMMISSION IN A FORM PRESCRIBED
BY THE COMMISSION. THE APPLICANT SHALL ALSO SUBMIT A SUMMARY
OF THE APPLICATION TO THE COMMISSION FOR PUBLICATION. IF THE
COMMISSION DETERMINES THE APPLICATION TO BE COMPLETE, IT SHALL
BE PUBLISHED PURSUANT TO SECTION 3790112 WITHIN SIXTY
DAYS AFTER THE FILING OF SUCH AN APPLICATION. IF AN OBJECTION
IS FILED, A HEARING SHALL BE HELD PURSUANT TO SECTION 3790113.
THE COMMISSION SHALL APPROVE THE REPLACEMENT PLAN IF THE COMMISSION
DETERMINES THAT THE REPLACEMENT PLAN MEETS THE REQUIREMENTS OF
THIS ARTICLE AND RULES ADOPTED BY THE COMMISSION. A REPLACEMENT
PLAN SHALL NOT BE USED AS A VEHICLE FOR AVOIDING LIMITATIONS ON
EXISTING WELLS, INCLUDING BUT NOT LIMITED TO RESTRICTIONS ON CHANGE
OF WELL LOCATION. THEREFORE, BEFORE APPROVING ANY REPLACEMENT
PLAN THAT INCLUDES EXISTING WELLS, THE COMMISSION SHALL REQUIRE
INDEPENDENT COMPLIANCE WITH ALL RULES GOVERNING THOSE EXISTING
WELLS IN ADDITION TO COMPLIANCE WITH ANY GUIDELINES OR RULES GOVERNING
REPLACEMENT PLANS.
SECTION 7. 3790108
(2) (a), (2) (d), (3) (a), (4), and (6), Colorado Revised Statutes,
are amended to read:
3790108. Final permit
evidence of well construction and beneficial use limitations.
(2) (a) If the well or wells described in a conditional
permit except for a permit issued
pursuant to section 3790111 (5),
have been constructed in compliance with subsection (1) of this
section, the applicant, within three years from
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
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 LARAMIEFOX HILLS AQUIFERS.
(d) If the well described in a conditional
permit issued pursuant to section
3790111 (5) ON OR AFTER
JULY 1, 1991, TO WITHDRAW DESIGNATED GROUND WATER FROM THE DAWSON,
DENVER, ARAPAHOE, OR LARAMIEFOX 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 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 3790112, 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 which
THAT has been irrigated that is used in evaluating the amount
of water available for appropriation under section 3790107.
THE PROVISIONS OF THIS SUBPARAGRAPH (I) SHALL 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 LARAMIEFOX 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 LARAMIEFOX 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.
(4) The procedural requirement that a
statement of beneficial use shall be filed shall apply to all
permits wherein the water was put to beneficial use since May
17, 1965. If information pertaining to completion of the well
as required in subsection (1) of this section has been received
but evidence that water has been placed to beneficial use has
not been received as of three years from
AFTER the date of issuance of the conditional permit, the commission
shall so notify the applicant by certified mail. The notice shall
give the applicant the opportunity to submit proof that the water
was put to beneficial use prior to three years from
AFTER the date of issuance of the conditional permit. but,
due to excusable neglect, inadvertence, or mistake, the applicant
failed to submit the evidence on time.
The proof must be received by the commission within twenty days
of AFTER
receipt of the notice by the applicant and IF THE CONDITIONAL
PERMIT WAS ISSUED ON OR AFTER JULY 14, 1975, THE PROOF must be
accompanied by a filing fee of thirty dollars. If the commission
finds the proof to be satisfactory, the conditional permit shall
remain in force and effect. The commission shall consider any
records of the commission and any evidence provided to the commission
and all other matters set forth in this section in determining
whether the conditional permit should remain in force and effect.
(6) The procedural requirement that the
well completion information required by subsection (1) of this
section be furnished to the commission shall apply to all permits
issued after May 17, 1965. If the well has been constructed within
twentyfour months of
AFTER the date of issuance of the permit where the permit was
issued before June 7, 1979, or within twelve months of
AFTER the date of issuance of the permit where the permit was
issued on or after June 7, 1979, OR BY THE EXPIRATION DATE OF
THE PERMIT, INCLUDING ANY EXTENSION, but the completion information
has not been furnished to the commission within eighteen
SIX months after said issuance date
ALLOWABLE TIME FOR THE WELL COMPLETION, the commission shall so
notify the applicant by certified mail. The notice shall give
the applicant the opportunity to submit proof that the well was
completed within the time specified above or within
BY the expiration date of the permit and to submit the information
required by subsection (1) of this section and a showing that
due to excusable neglect, inadvertence, or mistake the applicant
failed to submit the evidence and information on time. The proof
and information must be received by the commission within twenty
days of
AFTER receipt of the notice by the applicant and must be accompanied
by a filing fee of thirty dollars. If the commission finds the
proof to be satisfactory, the permit shall remain in force and
effect. The commission shall consider any records of the commission
and any evidence provided to the commission and all other matters
set forth in this section in determining whether the permit should
remain in force and effect.
SECTION 80 3790109
(4), Colorado Revised Statutes, is amended to read:
3790109. Priority
discontinuance orders grounds.
(4) After establishing the proposed priority date
and after receiving the information required by section 3790108
(5) for the final permit on claims for the beneficial use of designated
ground water, the commission shall order the state engineer to
issue a final permit to appropriate designated ground water in
the manner and pursuant to the standards set forth in section
3790108 for final permits; EXCEPT THAT 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 LARAMIEFOX
HILLS AQUIFERS AND except that this section shall not apply to
any final priority lists established by the commission prior to
January 1, 1985, and any final permits issued pursuant to said
lists.
SECTION 90 3790111
(1) (g), Colorado Revised Statutes, is amended to read:
3790111. Powers of the
ground water commission limitations.
(1) In the administration and enforcement of this article
and in the effectuation of the policy of this state to conserve
its designated ground water resources and for the protection of
vested rights and except to the extent that similar authority
is vested in ground water management districts pursuant to section
3790130 (2), the ground water commission is empowered:
(g) Upon application therefor by any permit
holder, to authorize a change in acreage served, volume of appropriation,
place, time, or type of use of and by any water right, or of any
well location, either conditional or final, granted under the
authority of the commission but only upon such terms and conditions
as will not cause material injury to the vested rights of other
appropriators. No such change which
THAT increases the volume of appropriation beyond that authorized
by the original decree, conditional permit, registration statement,
or other well permit issued prior to basin designation shall be
authorized, and no such change shall be approved until after publication
of such application as provided in section 3790112;
EXCEPT THAT PUBLICATION SHALL NOT BE REQUIRED TO APPROVE A TEMPORARY
CHANGE PURSUANT TO THE RULES ADOPTED BY THE COMMISSION AND except
that publication shall not be required for replacement or
substitute wells which
THAT are relocated no further than the maximum distance allowed
by district rules and regulations without prior board approval
or by commission policy where no district exists or where no district
rule has been adopted.
SECTION 100 3790113
(2), Colorado Revised Statutes, is amended to read:
3790113. Hearings.
(2) In any hearings required to be conducted by the
commission, it may, in its discretion, have such hearings conducted
before such agent as it may designate, either alone or in conjunction
with the appearance of the commission if the agent is technically
qualified to conduct or assist in such hearings. UNLESS AGREED
OTHERWISE BY ALL PARTIES TO A HEARING OR UNLESS ORDERED OTHERWISE
BY THE COMMISSION DUE TO EXTENUATING CIRCUMSTANCES, A HEARING
PURSUANT TO THIS SECTION SHALL BE HELD WITHIN ONE HUNDRED EIGHTY
DAYS AFTER THE FILING OF A REQUEST FOR SUCH A HEARING. APPEALS
OF RULINGS OF THE AGENT DESIGNATED BY THE COMMISSION SHALL BE
REVIEWED AT ANY REGULAR OR SPECIAL COMMISSION MEETING AT THE LOCATION
CHOSEN BY THE COMMISSION FOR THAT MEETING.
SECTION 110 3790114,
Colorado Revised Statutes, is amended to read:
3790114. Other administrative
hearings. Any person claiming to be injured
WITHIN THE BOUNDARIES OF A DESIGNATED GROUND WATER BASIN by any
act of the state engineer or commission under the provisions of
this article, or the failure of the state engineer or commission
to take any action under the provisions of this article, other
than the granting of a conditional well permit or denial of an
objection to an application for a conditional well permit pursuant
to section 3790107, EXCEPT
AS PROVIDED FOR THE SMALL CAPACITY WELLS IN SECTION 3790105,
shall file a written petition with the commission stating the
basis of the alleged injury. Thereafter, only upon request by
a petitioner and upon thirty days' written notice to any adverse
party, the commission shall conduct a hearing upon the petition
in the manner provided in section 3790113. If notice
of any such act has been published pursuant to section 3790112
and no hearing has been requested pursuant to such notice, this
section shall not be construed to create a subsequent or additional
right to request a hearing concerning such act.
SECTION 120 3790116
(1) (f), Colorado Revised Statutes, is amended, and the said 3790116
(1) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to
read:
3790116. Fees.
(1) The state engineer or the commission shall collect
the following fees:
(f) The actual expenses of publication,
if any is required, which sums shall be promptly billed to the
applicant and paid prior to the approval of any permit or other
application, UNLESS THE COMMISSION REQUIRES THE APPLICANT TO PAY
THESE EXPENSES DIRECTLY TO THE NEWSPAPER, AND THE APPLICANT PROVIDES
A PROOF OF SUCH PAYMENT TO THE COMMISSION; EXCEPT THAT, WHEN A
PUBLICATION IS MADE TO PROCESS FINAL PERMITS PURSUANT TO SECTION
3790108, SUCH PUBLICATION EXPENSES SHALL BE PAID BY
THE STATE ENGINEER FROM THE DIVISION OF WATER RESOURCES GROUND
WATER MANAGEMENT CASH FUND CREATED PURSUANT TO SECTION 3780111.5
(1) (d). All such publication expenses collected by the state
engineer or by the commission shall be transmitted to the state
treasurer, who shall credit the same to the ground water publication
fund, which fund is hereby created. All moneys in the ground
water publication fund are hereby continuously appropriated to
the division of water resources for the actual expenses of publications.
The moneys in the ground water publication fund shall not be
credited or transferred to the general fund or to any other fund
of the state.
(i) WITH A REQUEST TO EXTEND THE EXPIRATION
DATE ON A WELL PERMIT, OTHER THAN A WELL PERMIT ISSUED PURSUANT
TO SECTION 3790105, SIXTY DOLLARS.
SECTION 130 The introductory portion
to 3790130 (2), Colorado Revised Statutes, is amended,
and the said 3790130 is further amended BY THE ADDITION
OF A NEW SUBSECTION, to read:
3790130. Management districts
board of directors. (2) After
the issuance of any final
WELL permit for the use of ground water within the district by
the ground water commission as provided in section
SECTIONS 3790107 AND 3790108, the district
board has the authority to regulate the use, control, and conservation
of the ground water of the district covered by such final
permit by any one or more of the following methods, but the proposed
controls, regulations, or conservation measures shall be subject
to review and final approval by the ground water commission if
objection is made in accordance with section 3790131:
(4) AFTER THE ISSUANCE OF ANY WELL PERMIT
FOR A SMALL CAPACITY WELL WITHIN THE DISTRICT PURSUANT TO SECTION
3790105, THE DISTRICT HAS THE AUTHORITY TO ENFORCE
COMPLIANCE WITH THE TERMS AND CONDITIONS GOVERNING THE USE OF
THE GROUND WATER ALLOWED BY SUCH PERMIT TO ENSURE THAT SUCH USE
IS WITHIN THE SCOPE OF WHAT IS ALLOWED BY SECTION 3790105
AND THE WELL PERMIT.
SECTION 140 3790131,
Colorado Revised Statutes, is amended to read:
3790131. Management district
board of directors control measures hearing
notice publication order.
(1) (a) Whenever the board of directors determines
that control
CONTROLS, REGULATIONS, OR CONSERVATION measures are necessary
in order to ensure the proper conservation of ground water within
the district, it shall confer with the ground water commission
and ground water users within the district. No control
SUCH measures OR REGULATIONS shall be instituted until after a
public hearing. Notice of such hearing shall be published. Such
notice shall state the time and place of the hearing and in general
terms the corrective measures OR REGULATIONS proposed. Within
sixty days after such hearing, the board shall announce the measures
OR REGULATIONS ordered to be taken and shall cause notice of such
action to be published. Notice of
such measures shall also be sent to all known ground water users
throughout such district by firstclass mail.
The board has the authority to compel compliance with such measures
OR REGULATIONS by an action brought in the district court of the
county in which any failure to comply is found to exist.
(b) Any person adversely affected or aggrieved
by the announcement of control or conservation measures or rules
and regulations adopted by the district
board may appeal such decision to the ground water commission
by filing a notice of appeal and the grounds therefor with the
commission not later than thirty days from
AFTER the date of last publication. The commission shall hear
all such appeals pursuant to section 3790113. The
commission shall have authority to affirm or reject the measures
or rules
REGULATIONS adopted by the district or to modify such measures
OR REGULATIONS but only upon consent from the district board.
Judicial review of commission actions in such appeals may be
taken pursuant to section 3790115.
(c) Any person adversely affected or aggrieved
by an act of the district board, other than the announcement of
control or conservation measures or rules
and regulations, has the right to
be heard by the board. Such person shall file a written request
for a hearing which
THAT states the basis of the alleged injury. Thereafter,
UNLESS AGREED OTHERWISE BY ALL PARTIES TO A HEARING OR UNLESS
OTHERWISE APPROVED BY THE DISTRICT DUE TO EXTENUATING CIRCUMSTANCES,
A HEARING SHALL BE HELD WITHIN ONE HUNDRED EIGHTY DAYS AFTER FILING
THE REQUEST FOR SUCH A HEARING. Upon thirty days' written notice
to all adverse parties, the district shall conduct a hearing upon
the matter. Hearing procedures shall be as informal as possible,
with due regard for the rights of the parties. All parties shall
have the right to subpoena witnesses and to be heard either in
person or by attorney. The district board may have such hearings
conducted before an agent or hearing officer. After such hearing,
the district board shall issue a written decision containing its
findings and conclusions and shall serve its decision upon all
parties by firstclass mail. Judicial review of such district
decisions may be taken in the manner and governed by the standards
set forth for review of commission and state engineer decisions
in section 3790115.
(2) Subject to review by the ground water
commission pursuant to subsection (1) of this section, the board
may institute control measures OR REGULATIONS to prescribe satisfactory
and economical measuring methods for the measurement of water
levels in and the amount of water withdrawn from wells and to
require reports to be made at the end of each pumping season showing
the date and water level at the beginning of the pumping season,
the date and water level at the end of the pumping season, and
any period of more than thirty days cessation of pumping during
such pumping season.
SECTION 150 3792602
(5), Colorado Revised Statutes, is amended to read:
3792602. Exemptions
presumptions legislative declaration.
(5) Any wells exempted by this section which
THAT were put to beneficial use prior to May 8, 1972, any
wells defined by section 3790105 which were put to
beneficial use prior to May 8, 1972,
and any wells which
THAT were used exclusively for monitoring and observation purposes
prior to August 1, 1988, not of record in the office of the state
engineer may be recorded in that office upon written application,
payment of a processing fee of sixty dollars, and permit approval.
The record shall include the date the water is claimed to have
been appropriated or first put to beneficial use.
SECTION 160 Adjustments to
the 1998 Long Bill. For the implementation
of this act, appropriations made in the annual general appropriation
act for the fiscal year beginning July 1, 1998, shall be adjusted
as follows: The appropriation to the department of natural resources,
water resources division, groundwater management, is decreased
by seven hundred sixty dollars ($760) cash funds.
SECTION 170 Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO