LEG00193

• Bill Number: SB87-200
• Year: 1987
• Title: Concerning Well Permit Fees and in Connection Therewith Creating the Ground Water Management Cash Fund and Making an Appropriation in Connection Therewith.
• Legislation - Doc Type: Other CWCB Related Bills - Passed

1302

Water and Irrigation

Ch. 267

(h) With an application for any change in a well permit, whether condi-
tional or final, submitted pursuant to section 37-90-111 (1) (g), thiffy SIXTY
dollars, which sum shall not be refunded.

Section 6. 37-90-137 (2) and (3) (a), Colorado Revised Statutes, as
amended, are amended to read:

37-90-137. Permits to construct wells outside designated areas - fees -
permit no ground water right - evidence - time limitation. (2) Upon receipt
of an application for a replacement well or a new, increased, or additional
supply of ground water from an area outside the boundaries of a designated
ground water basin, accompanied by a filing fee of twenty five SIXTY
dollars, the state engineer shall make a determination as to whether or not
the exercise of the requested permit will materially injure the vested water
rights of others. If the state engineer finds that there is unappropriated water
available for withdrawal by the proposed well and that the vested water rights
of others will not be materially injured, and can be substantiated by
hydro10gkal and geological facts, he shall issue a permit to construct a well,
but not otherwise; except that no permit shall be issued unless the location
of the proposed well will be at a distance of more than six hundred feet
from an existing well, but if the state engineer, after a hearing, finds that
circumstances in a particular instance so warrant, he may issue a permit
without regard to the above limitation. The permit shall set forth such condi-
tions for drilling, casing, and equipping wells and other diversion facilities
as are reasonably necessary to prevent waste, pollution, or material injury
to existing rights. The state engineer shall endorse upon the application the
date of its receipt, file and preserve such application, and make a record
of such receipt and the issuance of the permit in his office so indexed as
to be useful in determining the extent of the uses made from various ground
water sources. THE STATE ENGINEER SHALL ACT UPON AN APPLI-
CATION FILED UNDER THIS SECTION WITHIN FORTY-FIVE DAYS
AFTER ITS RECEIPT.

(3) (a) (I) Any permit to construct a well outside a designated ground
water basin, except a permit issued pursuant to subsection (4) or subsection
(7) of this section, issued on or after April 21, 1967, shall expire one year
after the issuance thereof, unless the applicant to whom such permit was
issued shall furnish to the state engineer, prior to such expiration, evidence
that the water from such well has been put to beneficial use or unless, prior
to such expiration, the state engineer, upon application and with good cause
shown as to why the well has not been completed and. an estimate of the
time necessary to complete the well, extends such permit for only one addi-
tional period certain, not to exceed on.e year; but the limitation on the exten-
sion of well permits provided for in this subparagraph (I) shall not apply
to well permits for federally authorized water projects contained in paragraph
(d) of this subsection (3). The state engineer shall charge a reasona-blc fee
OF SIXTY DOLLARS for such extension.

(II) Any permit to construct a well pursuant to subsection (4) or subsec-
tion (7) of this section, issued on or after July 1, 1985, shall expire one
year after the issuance thereof, unless prior to such expiration the applicant
to whom such permit was issued shall furnish to the state engineer, on such
forms as may be prescribed by the state engineer, either notice that the well
has been completed or a showing of good cause as to why the well has not