LEG00213

• Bill Number: HB98-1151
• Year: 1998
• Title: Concerning Administrative Functions Related to the Regulation of Ground Water and in Connection Therewith Making an Appropriation
• Legislation - Doc Type: Other CWCB Related Bills - Passed

:1Q-IIJl

rage 0 U1 1.)

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 LARAMIE-FOX 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 LARAMIE-FOX 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 LARAMIE-FOX 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

http://www.state.co.us/gov_dir/leg_dir/olls/sI1998/sI.290.htm

12/19/2001