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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issuance of the conditional permit, the commission shall so notify the applicant by certified mail. The
notice shall give the applicant the opportunity to submit proof that the water was put to beneficial use
prior to three years ffflffl AFTER the date of issuance of the conditional permit. bllt, dll~ te eJW1I3d15le
ftsglcct, iflaa.eltel'lee, 61 miJtaltc, the ~l'lieftflt failed t5 Jl::l6mit tho e.iaeflee on tin16. The proof must be
received by the commission within twenty days ef AFTER receipt of the notice by the applicant and IF
THE CONDITIONAL PERMIT WAS ISSUED ON OR AFTER JULY 14, 1975, THE PROOF must be
accompanied by a filing fee of thirty dollars. If the commission finds the proof to be satisfactory, the
conditional permit shall remain in force and effect. The commission shall consider any records of the
commission and any evidence provided to the commission and all other matters set forth in this section
in determining whether the conditional permit should remain in force and effect.

(6) The procedural requirement that the well completion information required by subsection (1) of
this section be furnished to the commission shall apply to all permits issued after May 17, 1965. If the
well has been constructed within twenty-four months ef AFTER the date of issuance of the permit where
the permit was issued before June 7, 1979, or within twelve months ef AFTER the date of issuance of
the permit where the permit was issued on or after June 7, 1979, OR BY THE EXPIRATION DATE OF
THE PERMIT, INCLUDING ANY EXTENSION, but the completion information has not been
furnished to the commission within eighteen SIX months after said i33111!IIee dMS ALLOWABLE TIME
FOR THE WELL COMPLETION, the commission shall so notify the applicant by certified mail. The
notice shall give the applicant the opportunity to submit proof that the well was completed within the
time specified above or ~ BY the expiration date ofthe permit and to submit the information
required by subsection (1) of this section and a showing that due to excusable neglect, inadvertence, or
mistake the applicant failed to submit the evidence and information on time. The proof and information
must be received by the commission within twenty days ef AFTER receipt of the notice by the applicant
and must be accompanied by a filing fee of thirty dollars. If the commission finds the proof to be
satisfactory, the permit shall remain in force and effect. The commission shall consider any records of
the commission and any evidence provided to the commission and all other matters set forth in this
section in determining whether the permit should remain in force and effect.

SECTION 8. 37-90-109 (4), Colorado Revised Statutes, is amended to read:

37-90-109. Priority - discontinuance orders - grounds. (4) After establishing the proposed
priority date and after receiving the information required by section 37-90-108 (5) for the final permit on
claims for the beneficial use of designated ground water, the commission shall order the state engineer
to issue a final permit to appropriate designated ground water in the manner and pursuant to the
standards set forth in section 37-90-108 for final permits; EXCEPT THAT A FINAL PERMIT IS NOT
REQUIRED TO BE ISSUED FOR 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 AND except that this
section shall not apply to any final priority lists established by the commission prior to January 1, 1985,
and any [mal permits issued pursuant to said lists.

SECTION 9. 37-90-111 (1) (g), Colorado Revised Statutes, is amended to read:

37-90-111. Powers of the ground water commission -limitations. (I) In the administration and
enforcement of this article and in the effectuation of the policy of this state to conserve its designated
ground water resources and for the protection of vested rights and except to the extent that similar
authority is vested in ground water management districts pursuant to section 37-90-130 (2), the ground
water commission is empowered:

(g) Upon application therefor by any permit holder, to authorize a change in acreage served,

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

12/19/2001