2016-04-21_PERMIT FILE - M2016010 ‎(3)‎

• Permit No: M2016010
• IBM Index Class Name: PERMIT FILE
• Doc Date: 4/21/2016
• Doc Name: Response
• From: DNR Water Resources
• To: DRMS
• Email Name: AME
• Media Type: D
• Archive: No

C
DNR Division i OfR,A D O Resources
CO %
'" Department of Natural Resources
1313 Sherman Street, Room 821
Denver,CO 80203
Administrative Statement Regarding the Management of
Storm Water Detention Facilities and Post-Wildland Fire Facilities in Colorado
February 11, 2016
The Division of Water Resources (DWR) has previously administered storm water detention
facilities based on DWR's "Administrative Approach for Storm Water Management" dated May 21,
2011. Since the passage of Colorado Senate Bill 15-212, that administrative approach has been
superseded. This document describes SB 15-212, codified in section 37-92-602(8), Colorado
Revised Statutes (C.R.S.), and how the law directs administrative requirements for storm water
management. The document is for informational purposes only; please refer to section 37-92-
602(8) for comprehensive language of the law.
Pursuant to section 37-92-602(8), storm water detention facilities and post-wildland fire
facilities shall be exempt from administration under Colorado's water rights system only if they
meet specific criteria. The provisions of SB15-212 apply to surface water throughout the state.
SB15-212 only clarifies when facilities may be subject to administration by the State Engineer;
all facilities may be subject to the jurisdiction of other government agencies and must continue
to obtain any permits required by those agencies.
Storm Water Detention Facilities
Pursuant to section 37-92-602(8), a storm water detention and infiltration facility ("Detention
Facility") is a facility that:
• Is owned or operated by a government entity or is subject to oversight by a government
entity, including those facilities that are privately owned but are required by a
government entity for flood control or pollution reduction.
• Operates passively and does not subject storm water to any active treatment process.
• Has the ability to continuously release or infiltrate at least 97 percent of all of the water
from a rainfall event that is equal to or less than a five-year storm within 72 hours of the
end the rainfall event.
• Has the ability to continuously release or infiltrate at least 99 percent of all of the water
from a rainfall event that is greater than a five-year storm within 120 hours of the end
the rainfall event.
• Is operated solely for storm water management.
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1313 Sherman Street, Room 821,Denver,CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us °