Laserfiche WebLink
<br />SECTION 3. 37-92-502 (5), Colorado Revised Statutes, 1990 Repl. Vol., is amended to read: <br /> <br />37-92-502. Orders as to waste, diversions, distribution of water. (5) (a) The state engineer and the <br />division engineers have authority to order any owner or user of a water right to install and maintain at such <br />owner's or user's expense necessary meters, gauges, or other measuring devices and to report at reasonable <br />times to the appropriate division engineer the readings of such meters, gauges, or other measuring devices. <br /> <br />(b) THE STATE ENGINEER AND THE DIVISION ENGINEERS HAVE AUTHORITY TO ORDER <br />ANY PERSON OR COMPANY SUPPLYING ENERGY USED TO PUMP GROUND WATER TO <br />PROVIDE, AT REASONABLE TIMES TO THE APPROPRIATE DIVISION ENGINEER, RECORDS OF <br />ENERGY USED TO PUMP GROUND WATER. NOTHING CONTAINED IN THIS PARAGRAPH (b) <br />SHALL AFFECT ANY REPORTING REQUIREMENTS OF THE PUBLIC UTILITIES COMMISSION <br />PURSUANT TO SECTION 40-3-110, C.R.S. <br /> <br />SECTION 4. 37-92-503 (I), Colorado Revised Statutes, 1990 Repl. Vol., is amended BY THE <br />ADDITION OF A NEW PARAGRAPH to read: <br /> <br />37-92-503. Enforcement - injunction. (I) (c) ANY PROCEEDING BROUGHT BY THE STATE <br />ENGINEER OR A DIVISION ENGINEER TO ENFORCE AN ORDER TO CURTAIL THE DIVERSION OF <br />SURFACE OR GROUND WATER TO COMPLY WITH AN INTERSTATE COMPACT SHALL BE <br />ACCELERATED ON THE COURT'S CALENDAR PURSUANT TO SECTION 37-92-203 (2), SHALL <br />TAKE PRIORITY OVER OTHER WATER MATTERS, AND SHALL BE DETERMINED IMMEDIATELY <br />UPON THE CONCLUSION OF SUCH PROCEEDING. <br /> <br />SECTION 5. 37-92-503, Colorado Revised Statutes, 1990 Repl. Vol., is amended BY THE ADDITION <br />OF THE FOLLOWING NEW SUBSECTIONS to read: <br /> <br />37-92-503. Enforcement - injunctions. (6) (a) ANY PERSON WHO DIVERTS GROUND WATER <br />CONTRARY TO A VALID ORDER OF THE STATE ENGINEER OR A DIVISION ENGINEER ISSUED <br />PURSUANT TO SECTION 37-92-502, IN VIOLATION OF A PLAN APPROVED PURSUANT TO RULES <br />AND REGULATIONS ADOPTED BY THE STATE ENGINEER, OR OTHERWISE IN VIOLATION OF <br />RULES AND REGULATIONS ADOPTED BY THE STATE ENGINEER TO REGULATE OR MEASURE <br />DIVERSIONS OF GROUND WATER SHALL FORFEIT AND PAY A SUM NOT TO EXCEED FIVE <br />HUNDRED DOLLARS FOR EACH DAY SUCH VIOLATION CONTINUES. <br /> <br />(b) ANY PERSON WHO, WHEN REQUIRED TO DO SO BY RULES AND REGULATIONS <br />ADOPTED BY THE ST ATE ENGINEER, FAILS TO SUBMIT DATA AS TO AMOUNTS OF WATER <br />PUMPED FROM A WELL, MAKES A FALSE OR FICTITIOUS REPORT OF THE AMOUNTS OF <br />WATER PUMPED FROM A WELL, FALSIFIES ANY DATA AS TO AMOUNTS PUMPED FROM A <br />WELL, MAKES A FALSE OR FICTITIOUS REPORT OF A POWER COEFFICIENT FOR A WELL, OR <br />FALSIFIES ANY POWER COEFFICIENT TEST SHALL FORFEIT AND PAY A SUM NOT TO EXCEED <br />FIVE HUNDRED DOLLARS FOR EACH VIOLATION. <br /> <br />(c) IT IS UNLAWFUL FOR ANY PERSON NOT AUTHORIZED BY THE WELL OWNER OR THE <br />STATE ENGINEER TO WILLFULLY INTERFERE WITH ANY POWER METER, TOTALIZING FLOW <br />METER, OR OTHER DEVICE USED TO MEASURE GROUND WATER DIVERSIONS. ANY PERSON <br />WHO WILLFULLY INJURES OR DESTROYS A POWER METER, TOTALIZING FLOW METER, OR <br />OTHER DEVICE USED TO MEASURE GROUND WATER DIVERSIONS OR WHO TAMPERS WITH OR <br />FALSIFIES ANY RECORD MADE OR BEING MADE BY ANY SUCH POWER METER, TOTALIZING <br />FLOW METER, OR OTHER DEVICE SHALL FORFEIT AND PAY A SUM NOT TO EXCEED FIVE <br /> <br />http://www.state.co.us/gov_dir/leg_dir/olls/sI1996/sI.7.htm <br /> <br />06/05/2002 <br /> <br />'" <br />