2 Colo. Code Regs. § 402-11-3

Current through Register Vol. 48, No. 1, January 10, 2025

Rule 2 CCR 402-11-3 - SCOPE AND PURPOSE

3.1 These rules apply to the evaluation and processing of applications for permits to extract water which has been Artificially Recharged into one or more of the Denver Basin aquifers, identified as the Dawson, Denver, Arapahoe, or Laramie-Fox Hills aquifers, as defined in the Denver Basin Rules, 2 CCR 402-6, or Nontributary Groundwater Aquifers, as defined in Rule 4.3.11, all located outside the boundaries of any designated groundwater basin.

3.2 The Naturally Occurring water contained in the Denver Basin aquifers and Nontributary Groundwater Aquifers is a significant but finite resource. Artificial Recharge of these aquifers by Injection of surface and/or groundwater for the purpose of subsequent Extraction, or for maintaining water levels will extend the life of this resource. The rules promulgated herein are required to enable the State Engineer to administer the orderly withdrawal of any water Artificially Recharged into these aquifers.

3.3 Withdrawal of Artificially Recharged Water may be accomplished through an existing well, or through a well specifically constructed for the purpose of Extracting Artificially Recharged Water. These rules do not apply to wells completed in multiple aquifers separated by a confining unit. These rules and regulations apply to the permitting and construction of Extraction Wells, for the permitting of Extraction through the extended use of existing wells, and for the assessment of application fees. Their purpose is to make the submission, consideration and evaluation of permit applications more uniform and certain. The granting of permits also provides the State Engineer the means to monitor and record the development and use of Artificially Recharged Water.

3.4 These rules establish minimum standards for documenting the nature and amount of Artificially Recharged Water available for Extraction from the Denver Basin aquifers and Nontributary Groundwater Aquifers.

3.5 Pursuant to Section 37-90-137(9)(d), C.R.S., the Extraction of Artificially Recharged Water is recognized as a beneficial and conjunctive use of surface and groundwater resources. These rules provide for the submission and evaluation of permit applications to extract and use water which has been Artificially Recharged into the Denver Basin aquifers and Nontributary Groundwater Aquifers. These rules also provide for the consideration of impacts to existing wells and other water rights by the Extraction of recharged water.

3.6 These rules define the State Engineer's authority to monitor and account for the Extraction and use of Artificially Recharged Water and to require the installation of measuring devices, to prevent injury to existing surface water rights and existing users of, and rights to water from the Denver Basin aquifers and Nontributary Groundwater Aquifers, and to provide the means for enforcing these rules.

3.7 These Rules and Regulations shall not be construed to establish the jurisdiction of either the State of Colorado or the Southern Ute Indian Tribe over nontributary groundwater within the boundaries of the Southern Ute Indian Reservation as recognized in Pub. L. No. 98-290, § 3, 98 Stat . 201 (1984).

2 CCR 402-11-3

41 CR 11, June 10, 2018, effective 6/30/2018