BOARD00216

• Board Meeting Date: 1/12/1998
• Description: 1998 Legislative Issues - Rio Grande Compact and Confined Aquifer Protection
• Board Meetings - Doc Type: Memo

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AGENDA ITEM 14B

Second Regular Session

Sixty-first General Assembly
LLS NO. 98-0244.01 PLC HOUSE BILL 98-
STATE OF COLORADO

101 I

BY REPRESENTATIVES Entz and Miller;
also SENATORS Dennis and J. Johnson.

~c~tuie~ uve~l
~ Natul11 Resoun:es

A BILL FOR AN ACT

101 CONCERNING THE REPLACEMENT OF DEPLETIONS FROM NEW

102
103
104
105
106
107

wrrHDRA W ALS OF GROUNDWATER IN WATER DIVISION 3 THAT WILL

AFFECT THE RATE OR DIRECTION OF MOVEMENT OF GROUNDWATER

IN THE CONFINED AQUIFER, AND, IN CONNECTION THEREWITH,

AUTHORIZING THE STATE ENGINEER TO PROMULGATE RULES THAT

OPTIMIZE THE USE OF THE GROUNDWATER AND PROVIDE

ALTERNATIVE METHODS TO PREVENT INJURY.

Bill Summary

(Note: This summary applies /0 this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopled.)

Water and Land Resource Issues Committee. Requires judicial
approval of a plan for augmentation that replaces new groundwater
depletions in water division 3 that affect the rate or direction of
movement of water in the confmed aquifer.
Authorizes the state engineer to promulgate rules that optimize
ground water use including, if appropriate, a different methodology to
prevent injUlY.
Requires the court to apply this standard or any different
methodology adopted by the state engineer to prevent injwy in any plan
for augmentation.

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

2

SECTION 1. 37-90-102, Colorado Revised Statutes, is amended

Capital letters indicate new material to be added to existing statute.
Daslze.f '"rollgll lite words indicate deletions from existing statute.