2 Colo. Code Regs. § 402-11-6

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

Rule 2 CCR 402-11-6 - PERMIT TO EXTRACT ARTIFICIALLY RECHARGED WATER

6.1 Permit Required- Prior to Extracting Artificially Recharged Water, the owner or Designated Agent of the recharged water shall obtain a permit to extract from the State Engineer. The proposed Extraction may be accomplished through an existing well previously permitted pursuant to Section 37-90-137(4), C.R.S., through an existing well authorized as a Pre-213 Well, or through a new well. Any application for a permit to extract Artificially Recharged Water shall be supported by copies of all approvals, authorizations, and permits allowing the Injection of water which is proposed for Extraction. The application shall include adequate documentation that the Artificially Recharged Water satisfies the requirements of Rule 5.1.

6.2 Application for a Permit to Extract Through an Existing Permitted Well- Permit applications shall be submitted on forms prescribed by the State Engineer. A permit to extract authorizes the Extraction of Artificially Recharged Water through the existing well in addition to the withdrawal of Naturally Occurring groundwater authorized pursuant to Section 37-90-137(4), C.R.S. or as a Pre-213 Well.

6.2.1 An application to extract Artificially Recharged Water through an existing well shall be supplemented with a report summarizing the hydrological conditions in the existing well at the time of permit application and provide additional information including, but not limited to:

a. evidence as to whether the aquifer is a Confined Aquifer or Unconfined Aquifer at the Injection site(s) and any Remote Extraction site, at the time of application.

b. static water levels,

c. aquifer hydraulic gradient,

d. hydraulic conductivity or transmissivity,

e. a copy of all water quality data reports required by and provided to other federal, state or local agencies to obtain an injection well permit or authorization by rule,

f. map of Contiguous Extraction Area, the Extraction Well location, and all Injection wells that will inject Artificially Recharged Water to be extracted through the subject well,

g. the distance from the Injection well(s) to the proposed Extraction Well;

h. for Unconfined Aquifers, evidence that any Remote Extraction site is located down hydraulic gradient from the Injection site(s),

i. evidence that the Injection wells are within the same Contiguous Extraction Area as the proposed Extraction Well,

j. an accounting of the timing, amount, and location of water previously Artificially Recharged at each well site broken down by water right, or water type,

k. evidence that the injected water satisfies Rule 5.1, Nature of Artificially Recharged Water,

l. information demonstrating the Applicant's right to use of the recharged water,

m. information demonstrating the Applicant's right to withdraw the Naturally Occurring groundwater within the Contiguous Extraction Area,

n. the amount of such previously injected water that has been extracted,

o. evidence that the Applicant has the right to use or consent to use the proposed Extraction Well.

p. identify all decreed rights and permitted or registered wells of record in the State Engineer's office allowing the withdrawal of groundwater from the same aquifer within one (1) mile of the proposed Extraction site(s).

q. UTM coordinates of the existing well,

r. well permit number of the existing well, if applicable,

s. well completion and pump installation information if not already on record with the State Engineer.

6.3 Application for a Permit to Extract Through the Construction of a New Well- Permit applications shall be submitted on forms prescribed by the State Engineer. A permit to extract authorizes the construction of a well which may be used for the Extraction of Artificially Recharged Water. Such permit may also authorize the withdrawal of Naturally Occurring groundwater pursuant to C.R.S. 37-90-137.

6.3.1 Application to construct a well to extract Artificially Recharged Water, whether or not that well will also be used to withdraw groundwater pursuant to replacement of a Pre-213 Well or pursuant to Section 37-90-137(4), C.R.S., shall be supplemented with a report summarizing the hydrological conditions at or around the site of the proposed Extraction Well at the time of permit application and provide additional information, including, but not limited to items listed in Rule 6.2.1 a through p.

6.4 Notice of Application- An application for a permit to extract shall be accompanied by evidence that the Applicant has given notice of the application by registered or certified mail, return receipt requested, no less than thirty-five (35) days prior to the filing of the application to the owners of all decreed rights and permitted or registered wells of record in the State Engineer's office allowing the withdrawal of water from the same aquifer within one (1) mile of the proposed Extraction site(s).

6.4.1 The notice shall instruct such owners that they must submit a written objection to the State Engineer within thirty-five (35) days of mailing the notice if they want to object to the proposed Extraction.

6.4.2 If no objection to the proposed Extraction is filed within thirty-five (35) days of mailing the notice and the State Engineer finds that circumstances in this instance warrant, the State Engineer shall issue the permit. If a timely written objection is filed, the State Engineer shall hold a hearing pursuant to the State Engineer Procedural Rules, 2 CCR 402-5 to determine whether particular circumstances warrant issuing a permit.

6.5 Application Fees- The application fee for a permit to extract through an existing well or permit to construct shall be that fee as specified in 37-90-137(2)(a)(II), C.R.S. Departments and agencies of the State of Colorado shall be exempt from the payment of application fees.

6.6 Permit to Extract- If a permit application meets the requirements of Section 37-90-137(1) and 37-90-137(2)⁴, C.R.S., any other applicable provisions of 37-90-137, C.R.S., and the provisions of these rules, the State Engineer shall issue the permit, subject to protective terms and conditions to prevent injury to other persons who have rights/permits to extract Artificially Recharged Water and/or withdraw Naturally Occurring groundwater from the Denver Basin aquifers or Nontributary Groundwater Aquifers. For a permit to extract through the construction of a new well or for a permit to extract from an existing well, the State Engineer shall, in the absence of an objection pursuant to Rule 6.4.2, act on a permit application within forty-nine (49) days of its receipt. A permit to extract does not grant a right for the owner of recharged water to enter upon lands not owned by the Applicant.

⁴ The State Engineer need not complete the requirements of Section 37-90-137(2)(b)(II) related to 600 feet of spacing between wells because the process in Rule 6.4 provides notice to all wells within 1 mile.

6.7 Well Location- When selecting sites for Extraction Wells, the well owner or operator shall consider the hydrogeologic and hydrologic conditions at the Injection/Extraction site, or between the site of Injection and the proposed Remote Extraction site. The well owner or operator shall comply with federal, state and local regulations concerning set-backs from structures and property lines.

6.7.1 All wells shall be constructed pursuant to the Water Well Construction Rules, 2 CCR 402-2 (September 1, 2016).

6.7.2 Any well constructed within two hundred (200) feet of the permitted location shall be deemed to be at the approved location provided it meets the well spacing requirements of this rule and any permit conditions.

6.7.3 Within the Denver Basin, no Extraction Well shall be located closer than one (1) mile to any point of contact between any natural stream including its alluvium and the outcrop/subcrop of the aquifer from which the water would be extracted.

6.8 Expiration of Permit to Extract Through the Construction of a New Well- A permit to extract through the construction of a new well shall expire one year after issuance unless, before the expiration and on forms as may be prescribed by the State Engineer, the Applicant to whom the permit was issued, or the well construction contractor, furnishes to the State Engineer evidence that the well was constructed and that the pump was installed or a written extension request. The written extension request shall provide good cause as to why the well has not been constructed nor the pump installed and an estimate of time necessary to complete the tasks, and a fee as specified in 37-90-137(3)(a)(ll), C.R.S. Such permit may be extended for only one additional period, not to exceed one year.

6.9 Expiration of a Permit to Extract from an Existing Permitted Well- A permit to extract from an existing permitted well shall continue indefinitely so long as a valid permit is applicable to the existing well through which the proposed Extraction will occur, and so long as the Applicant complies with the reporting requirements of Rules 9.6 and 9.7.

6.10 Existing Permit to Extract- Any approval to extract Artificially Recharged groundwater from a well in the Denver Basin, which approval was given prior to July 1, 1995 (the effective date of the original Denver Basin Extraction Rules), as evidenced by an unexpired well permit issued prior to that date, shall remain valid and shall continue to be administered under the terms and conditions of such unexpired permit. Any permit to extract Artificially Recharged groundwater from a well in the Denver Basin issued after July 1, 1995 but prior to the effective date of these rules shall continue to be administered under the terms and conditions of such unexpired permit and pursuant the Denver Basin Extraction Rules (1995).

Any approval to extract Artificially Recharged groundwater from Nontributary Groundwater Aquifers outside the Denver Basin aquifers, which approval was given prior to the effective date of these rules, as evidenced by an unexpired well permit issued prior to the effective date of these rules, shall remain valid and shall continue to be administered under the terms and conditions of such unexpired permit.

All new and replacement Extraction Well permits issued on or after the effective date of these rules are subject to these rules.

2 CCR 402-11-6

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