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

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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.

SECTION 7. 37-90-108 (2) (a), (2) (d), (3) (a), (4), and (6), Colorado Revised Statutes, are
amended to read:

37-90-108. Final permit - evidence of well construction and beneficial use -limitations. (2) (a)
lfthe well or wells described in a conditional permit cxccpt far a pCIluit iaJt:t.cd ptl13tlMlt ta :Jcctiall 27
98 111 (5), have been constructed in compliance with subsection (1) of this section, the applicant,
within three years ffflffl AFTER the date of the issuance of said permit, shall furnish by sworn affidavit,
in the form prescribed by the commission, evidence that water from such well or wells has been put to
beneficial use; EXCEPT THAT THE REQUIREMENTS OF THIS PARAGRAPH (a) SHALL NOT
APPLY TO A WELL DESCRIBED IN A CONDITIONAL PERMIT ISSUED ON OR AFTER JULY
1,1991, TO WITHDRAW DESIGNATED GROUND WATER FROM THE DAWSON, DENVER,
ARAPAHOE, OR LARAMIE-FOX HILLS AQUIFERS.

(d) If the well described in a conditional permit issued I'tlI311a11t te 3~etil\n]7 98 111 (5) ON OR
AFTER JULY 1, 1991, TO WITHDRA W DESIGNATED GROUND WATER FROM THE DAWSON,
DENVER, ARAPAHOE, OR LARAMIE-FOX HILLS AQUIFERS has been constructed in compliance
with subsection (I) of this section, the applicant shall file a notice with the commission of
commencement of beneficial use on a form prescribed by the commission within thirty days after the
first beneficial use of any water withdrawn from such well.

(3) (a) (I) To the extent that the commission finds that water has been put to a beneficial use and
that the other terms of the conditional permit have been complied with and after publication of the
information required in the final permit, as provided in section 37-90-112, the commission shall order
the state engineer to issue a final permit to use designated ground water, containing such limitations and
conditions as the commission deems necessary to prevent waste and to protect the rights of other
appropriators. In determining the extent of beneficial use for the purpose of issuing final permits, the
commission may use the same criteria for determining the amount of water used on each acre 'I"I'flieft
THAT has been irrigated that is used in evaluating the amount of water available for appropriation under
section 37-90-107. THE PROVISIONS OF THIS SUBPARAGRAPH (I) SHALL NOT APPLY TO A
WELL DESCRIBED IN A CONDITIONAL PERMIT ISSUED ON OR AFTER JULY I, 1991, TO
WITHDRAW DESIGNATED GROUND WATER FROM THE DAWSON, DENVER, ARAPAHOE,
OR LARAMIE-FOX HILLS AQUIFERS.

(II) A FINAL PERMIT IS NOT REQUIRED TO BE ISSUED FOR A WELL DESCRIBED IN A
CONDITIONAL PERMIT ISSUED ON OR AFTER JULY I, 1991, TO WITHDRAW DESIGNATED
GROUND WATER FROM THE DAWSON, DENVER, ARAPAHOE, OR LARAMIE-FOX HILLS
AQUIFERS. FOR SUCH A WELL, A CONDITIONAL PERMIT, SUBJECT TO THE CONDITIONS
OF ISSUANCE OF SUCH A PERMIT, SHALL BE CONSIDERED A FINAL DETERMINATION OF
A WELL'S WATER RIGHT IF THE WELL IS IN COMPLIANCE WITH ALL OTHER
APPLICABLE REQUIREMENTS OF THIS ARTICLE.

(4) The procedural requirement that a statement of beneficial use shall be filed shall apply to all
permits wherein the water was put to beneficial use since May 17, 1965. If information pertaining to
completion of the well as required in subsection (1) of this section has been received but evidence that
water has been placed to beneficialnse has not been received as of three years ffflffl AFTER the date of

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

12/19/2001