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a nontributary determination in the context of C.R.S. § 37-90-137(7). The State Engineer <br /> believes that adopting a formal procedure for processing requests for nontributary ground <br /> water determinations in the context of C.R.S. § 37-90-137(7) will clarify the process for <br /> submission and for obtaining adjudieatory review of such determinations. <br /> Authority for Rulemaking <br /> The State Engineer adopts the Produced Nontributary Groundwater Rules pursuant to <br /> House Bill 09-1303, Section 3, codified at § 37-90-137(7)(c), C.R.S., which provides that <br /> "the State Engineer may, pursuant to the `State Administrative Procedure Act', adopt <br /> rules to assist with the administration of this subsection (7)." These rules are adopted <br /> pursuant to the State Administrative Procedure Act, §§ 24-4-103 etseq., C.R.S. <br /> Scope of Rulemaking <br /> Section 37-90-137(7)(c), C.R.S. authorizes the State Engineer to adopt rules to assist with <br /> the administration of this subsection (7). Section 37-90-137(7) concerns the <br /> administration of wells that withdraw ground water to facilitate or permit the mining of <br /> minerals. <br /> Therefore, these rules apply only to ground water withdrawn from geologic formations to <br /> facilitate or permit the mining of minerals. Consistent with C.R.S. § 37-90-137(7)(c), the <br /> State Engineer is adopting these Rules to assist with his administration of ground water <br /> withdrawn to facilitate or permit the mining of minerals. Consistent with the intent of <br /> House Bill 09-1303, such administration includes the State Engineer using nontributary <br /> determinations made pursuant to these rules for purposes of issuing water well permits <br /> pursuant to C.R.S. § 37-90-137(7), and to obviate the need for administration of wells <br /> subject to permitting consideration as allowed by C.R.S. §§ 37-90-137(7) and 37-92- <br /> 305(11). The State Engineer shall not use these rules for permitting of wells pursuant to <br /> C.R.S. § 37-90-137(4). <br /> The State Engineer recognizes that administration of water removed in the course of <br /> geothermal energy development raises complex issues that were not the subject of this <br /> rulemaking proceeding. The State Engineer did not address such issues in developing <br /> these rules. Therefore, whether or not water withdrawn in the course of geothermal <br /> energy development is considered to be water withdrawn to facilitate or permit the <br /> mining of minerals, these rules shall not apply to water removed in the course of <br /> geothermal energy development. <br /> These rules focus on distinguishing tributary and nontributary ground water. There is a <br /> third legal category of ground water known as designated ground water. Exclusive <br /> authority over designated ground water is vested in the Colorado Ground Water <br /> Commission. The State Engineer has included a provision clarifying that these rules do <br /> not apply to any aquifer or portion thereof that contains designated ground water and is <br /> located within the boundaries of a designated ground water basin, thus recognizing the <br /> jurisdiction of the Colorado Ground Water Commission over designated ground water. <br /> Produced Nontributary Ground Water Rules 2 CCR 402-17, Statement of Basis and Purpose <br /> -4- <br />