BOARD00951

• Board Meeting Date: 3/24/2003
• Description: State Legislative Issues
• Board Meetings - Doc Type: Memo

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

e

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 nonl:1ibatal) ground, water, WHETHER TRIBUTARY,

NONTRIBUTARY, ORNOTNONTRlBUTARY, to facilitate or permit mining of

minerals:

(a) No well permit shall be required unless the Jlontlibtltat)

ground water being removed will be beneficially 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 (I), (2), ancj (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 The AND EXCEPT THAT THE state

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

necessary to dewater the mine except that, if the state ehgineel finds that

the ploposed dewaocrin~ will caMe mp;teIial injalY to the vested water

rights of othels, the applicant may pl1lpose, Md the permit shall eOlitain,

terms and conditions wilhoit will pre,GIlt sa"h if.jaIY. The reduction of

hy dlostatie pr eSst1re Ie ,c1 or \'Ii ater Ie ,e\ alone docs not constitute Iliatedal

injury NOTWITHSTANDING ANY ALLEGATION OF MATERIAL INJURY.

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

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

e

e

-2- :

HB03-1096