DWR_3988843

• Rule Name: Designated Basin Rules ‎(2CCR-410-1)‎
• Document Type - Rulemaking: Final Actions
• Subject: Designated Basin Rules Basis and Purpose
• Date Effective: 9/30/2022
• Year Initiated: 2021

STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE FOR
THE AMENDMENT OF RULES 4.2.8, 5.3.9, 5.11.5, 5.11.6.B, 7.5, 7.11, and 14 OF THE
RULES AND REGULATIONS FOR THE MANAGEMENT AND CONTROL OF
DESIGNATED GROUND WATER
2 C.C.R. 410-1
Re-amended September 30, 2022
I. STATEMENT OF BASIS AND PURPOSE
This matter concerns the Rules and Regulations for the Management and Control of
Designated Ground Water ("Designated Basin Rules" or "Rules") of the Colorado Ground
Water Commission ("Commission").
The purpose of amending the Rules is to ensure that they are effective, efficient, and
essential. This rulemaking complies with the Governor's Executive Order D 2012-002
(Regulatory Efficiency Reviews).
The rules being amended, and the basis for amending each rule, is given below.
4.2.8 To correct the existing rule's cross-reference to the rule that defines the
Denver Basin Bedrock Aquifers.
Reason for the Change:
• The rules as re-amended on January 14, 2020 added new rules which resulted
in previous Rule 4.2.18 becoming Rule 4.2.19. That change was not reflected
in Rule 4.2.8, and should be.
5.3.9 To correct existing rule's cross-reference to the rule that addresses the
Allowed Average Annual Amount of Withdrawal.
Reason for the Change:
• The rules as re-amended on January 14, 2020 added new rules which resulted
in previous Rule 5.3.2 becoming Rule 5.3.3. That change was not reflected in
Rule 5.3.9, and should be.
5.11.5 To change how public notice is provided for storm water detention and
infiltration facilities constructed after January 14, 2020.
Reasons for the Change:
• Rule 5.11.5 is intended to provide public notice of storm water detention
facilities inside Designated Basins, similar to section 37-92-602(8)(d), C.R.S.,
which provides for public notice of such facilities outside Designated Basins.
The change directs an entity that owns, operates, or has oversight of a storm
water detention facility within the Designated Basins to provide public notice by
two means.
o First, by publication in newspapers. This method adopts the standard
for public notice of applications for water rights and changes of water
rights within Designated Basins, recognizing that residents of
Designated Basins are accustomed to and may rely on newspaper
publications for information on water right matters within Designated
Basins.