9476

• UCREFRP Catalog Number: 9476
• Author: Colorado Foundation for Water Education.
• Title: Citizen's Guide to Colorado Water Law.
• USFW Year: 2003.
• USFW - Doc Type: \
• Copyright Material: NO

Administering, 1Vlanaging and Regulating 1Nater
Administration of Water
Rights: Colorado Division
of Water Resources
The Colorado Division of Water
Resources, which includes the State
Engineer, division engineers, and water
commissioners, has the authority to
administer all surface and tributary
groundwater in the state of Colorado.
The 1969 Act, section 37-92-
501(2)(e), states that rules of the State
Engineer "shall have as their objective the
optimum use of water consistent with
preservation of the priority system of
water rights." Although Colorado statutes
and court decisions appear to refer inter-
changeably to maximum utilization and
optimum use, the Colorado Supreme
Court says that Colorado water law does
not require squeezing out every drop of
water available. Rather, the law favors
optimum use, which entails "proper
regard for all significant factors, including
environmental and economic concerns be
taken into account."
Throughout Colorado, the holders of
decreed water rights depend on the State
Engineer to shut down or reduce unde-
creed, as well as decreed, junior uses to
satisfy the demand of decreed senior uses.
There is a division engineer's office
located in each of the seven water di~~isions
in Colorado. Each division office employs a
number of water commissioners. It is the
primary job of the water commissioners to
go into the field and distribute the waters of
the state. This involves monitoring
headgates, responding to calls for water,
issuing orders to reduce or cease diversions,
and collecting data on diversions. The State
Engineer operates a statewide satellite-
linked monitoring system that records
stream flows on a real-time basis. This sys-
tem is a ~~ital component to water adminis-
tration and flood monitoring efforts.
The State Engineer also administers
nontributary and Dem•er Basin groundwa-
ter under its well permit and rulemaking
authority. The Colorado Groundwater
Commission and local groundwater man-
agement districts administer groundwater
in the designated groundwater basins (see
Designated Groundwater Basin, p.10).
The State Engineer has the authority to
adopt and amend regulations for tributary,
nontributary, and Denver Basin groundwa-
ter, subject to judicial review.
Much information regarding water
administration in Colorado appears on the
Division of Water Resources' Web site
www.water.state.co.us
Substitute Supply Plans
In its 2002 session, the Colorado
General Assembly adopted legislation
allowing the State Engineer to approve
substitute supply plans while augmenta-
tion plan applications are still pending in
water court. A specific provision of this
legislation requires that notice of the sub-
stitute supply plan and water court appli-
Exempt and Non-Exempt Wells
There are two categories of groundwater c-~-ells: (1) exempt wells, meaning
those that are exempt from water rights administration under the priority
system, and (2) non-exempt wells, meaning those that are governed by the
priority system.
Permits for exempt wells typically limit the pumping rate to no snore than
15 gallons per minute. Examples of exempt wells include: household use only,
domestic and livestock wells, pre-1972 unregistered wells, commercial exempt
wells, monitoring and observation wells, and replacement wells. Exempt wells
cannot be pooled to constitute a subdivision water supply Until 1971, wells pro-
viding groundwater for domestic use were not regulated. Now, although still
exempt from the priority system, they do require a permit from the State
Engineer's Office.
The State Engineer does not curtail exempt wells when responding to a sen-
ior call, because the legislature presumes non-injury to other water rights due to
the iow amount of consumptive water use from these wells.
Non-exempt wells are governed by the priority system., and may be cur-
tailed. These wells include any other type of well not noted above. In over-
appropriated areas of the state, new non-exempt wells are required to replace
out-of-priority diversions by means of an augmentation plan.
For more detail, see the Guide to Colorado Well Permits, Water Rights, cold
Water Administration, published by the Colorado Division of Water Resources.
cation be provided to all opposing parties,
so they can submit comments to the State
Engineer's Office.
After a substitute supply plan has been
reviewed, the State Engineer may approve
the operation of the plan for a set period of
time. The State Engineer may also require
terms and conditions to assure that opera-
tion of the plan will replace all out-of-prior-
iry depletions in time, location, and amount
to prevent injury to other water rights.
The General Assembly also gave the
State Engineer authority to approve emer-
gency water supply plans and short-term
water uses. This legislation requires the
State Engineer to fashion conditions that
will protect other water rights against
injury when exercising this administrative
authority. In the severe drought year of
2002, the State Engineer approved some
16 emergency supply plans.
C I T I Z E N S G U I D E T^ C^ L^ R A D D W A T E R LAW 1 `~