LEG00155

• Bill Number: SB04-222
• Year: 2004
• Title: Concerning state engineer management in division 3 aquifers
• Legislation - Doc Type: Other CWCB Related Bills - Passed

Ch, 235

Water and Irrigation

777

CHAPTER 235

WATER AND IRRIGATION

SENATE BILL 04-222

BY SENATOR(S) Enlz, Chi nuber, Grossman, Phillips, Taylor, and reck;
also REPRESENTATlVE(S) Smith, Brophy, Butcher, Frangas, Madden, Marshall, Mcfadyen, Miller, Paccione, Ragsdale, Rippy,
Romanof~ Rose, Spradley, Vigil, Weddig, and Williams S.

AN ACT

CONCERNING THE AUTHORITV OF THE STATE ENGINEER TO ADMINISTER UNDERGROUND WATER USE
IN WATER DIVlSlON 3, AND,IN CONNECTION THEREWlTH, PROtECTING SENIOR WATER RIGHTS,
PREVENTING UNREASONABLE UNDERGROUND WATER LEVEL DECLINES, MAINT AINlNG SUSTAINABLE
UNDERGROUND WA TERSUPPLIES,AND ENCOURAGING TilE USE OF GROUND WATER MANAGEMENT
SUBDISTRICTS IN WATER DIVlSION 3.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. 37.92.501, Colorado Revised Statutes, is amended BY THE
ADDITION OF A NEW SUBSECTION to read:

37.92-501. Jurisdiction over water' rules. (4) (a) IN ADDITION TO THE
PROVISIONS OF SUBSECTION (2) OFTHISSECTION, WHEN ADOPTING RULES GOVERNING
THE USE OF UNDERGROUND WATER IN DIVISION 3, AND IN RECOGNITION OF THE
UNIQUE GEOLOGIC AND HYDROLOGIC CONDITIONS AND THE CONJUNCTIVE USE
PRACTICES PREVAILING IN DIVlSIQN 3, THE STATE ENGINEER SHALL HAVE WIDE
DISCRETION TO PERMIT THE CONTINUED USE OF UNDERGROUND WATER CONSISTENT
WITH PREVENTING MATERIAL INJURY TO SENIOR SURFACE WATER RIGHTS. ANY
REDUCTION IN UNDERGROUND WATER USAGE REQUIRED BY SUCH RULES SHALL BE THE
MINIMUM NECESSARY TO MEET THE STANDARDS OF THIS SUBSEcrION (4), IN
REGULATING AN AQUIFER OR SYSTEM OF AQUIFERS IN DIVISION 3, THE STATE
---.ENGINJ;E_R1>-t!ALl".'\1'PLY_THE,I:OLLO.wING.pRINCIP~ES:__ ___ - -.--

(I) USEOFTHECONFINEDANDUNCONFINED AQUIFERS SHALL BE REGULATED SO AS
TO MAINTAIN A SUSTAINABLE WATER SUPPLY IN EACH AQUIFER SYSTEM, WITH DUE
REGARD FOR THE DAILY, SEASONAL, AND LONG-TERM DEMAND FOR UNDERGROUND
WATER;

CapiUlllettus indicate new material added /0 existing statutes; dashes through words indicate deletions
from existing statutes and such material not part of (tct.