LEG00237

• Bill Number: HB03-1096
• Year: 2003
• Title: Use Oil and Gas Byproduct
• Legislation - Doc Type: Other CWCB Related Bills - Killed

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

SECTION 1. 37-90-137 (7), Colorado Revised Statutes, IS

amended to read:

37-90-137. Permits to construct wells outside designated basins

- fees - permit no ground water right ~ evidence - time limitation - well

permits - repeal. (7) In the case of dewatering of geologic formations

by removing uOhhibulAly ground; water, WHETHER TRIBUTARY,

NONTRIBUTARY, OR NOT NONTRIBUTARY, to facilitate or permit mining of

minerals:

(a) No well permit shall be required unless the IlOnhibc.lalJ

ground water being removed will be b~neficially used; and

(b) In the issuance of any well permit pursuant to this subsection

(7), the provisions of subsection (4) of this section shall not apply. The

provisions of subsections (1), (2), and (3) of this section shall apply;

except that, in considering whether the permit shall issue, the requirement

that the state engineer find that there is unappropriated water available for

withdrawal and the six-hundred-foot spacing requirement in subsection

(2) of this section shall not apply 'l1he AND EXCEPT THAT THE state

engineer shall allow the rate of withdrawal stated by the applicant to be

necessary to dewater the mine ""e"pt tl,ltl, if the stllOC engincel fihds that

th" proposed dewat"lilll!, will eanse bdltGlial injtll)' to the ,estcd "at'::I

ligllts of othets, tll" applicant may plopose, and th.l p"rmit shall contain,

tOll,>>; Aud couditions whiGiI ~,ill p,,,,,,ut stl"h injtI1y. Th" rodu<.tion of

h y diost!rtiG pt eSStIr e Ie \ d 01 "atel Ie, Gi Mone docs nol "OIlSti tute matclial

il1jury NOTWITHSTANDING ANY ALLEGATION OF MATERIAL INJURY.

SECTION 2. Effective date.i applicability. (1) This act shall

take effect at 12:01 a.m. on the day following the expiration of the

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HB03-l096