2 Colo. Code Regs. § 402-7-5

Current through Register Vol. 47, No. 20, October 25, 2024

Rule 2 CCR 402-7-5 - Information to be Submitted on or with the Well Permit Application

A. An applicant for a well permit to be evaluated pursuant to Section 37-90-137(4), C.R.S. shall, as a minimum, provide the following information on a form prepared by the State Engineer:

1) The name, mailing address, and telephone number of the applicant;

2) The name of the owner of the land on which the well will be located;

3) The district court and case number or numbers of any applications or decrees for a determination of a right to the ground water which is sought to be withdrawn from the well or wells applied for;

4) The name of the aquifer from which water is to be withdrawn;

5) The location of the proposed well by legal description identifying the section, township, range, and prime meridian, and the location of the proposed well by feet from the nearest north/south section line and the nearest east/west section line, or, in areas of the state that are not surveyed, an alternate description of the location of the proposed well sufficient to locate the well;

6) The requested average annual amount of water in acre-feet per year;

7) The proposed maximum pumping rate in gallons per minute;

8) The proposed beneficial use of the water;

9) If the proposed use is agricultural irrigation, a description of the land to be irrigated;

10) The proposed total depth of the well;

11) The legal description and the number of acres of overlying land. In areas of the state that are not surveyed, the State Engineer will accept an alternate description of the location of the overlying land sufficient to identify and locate the land. For legal descriptions of irregularly shaped parcels (where the boundaries do not follow or parallel section lines) or where there are exclusions of land within the total parcel, the applicant must submit a map having a scale of 1:24,000 or larger (e.g., 1:10,000) which accurately depicts the overlying land; and

12) The name and license number of the Colorado licensed water well contractor or name of the private driller as defined by Section 37-91-102(12), C.R.S. who will construct the well. If the name and license number of the licensed water well contractor or name of the private driller who will drill the well is not known at the time the permit application is submitted, or the listed licensed water well contractor or private driller who will drill the well is changed prior to construction, the permittee shall notify the State Engineer in writing of the name and license number of the new water well contractor or name of the private driller ten days prior to the commencement of construction of the well.

13) If any of the information provided to the State Engineer pursuant to Rule 5.A.1) changes after the permit has been issued, the permittee shall inform the State Engineer of the changes in writing within thirty days.

B. If the applicant has geologic or hydrologic data available that support the application, or if the applicant's consultant(s) has/have generated or used such data on behalf of the applicant, the applicant shall submit the data to the State Engineer with the application for a well permit, or as soon thereafter as the data become available. In the event that the data provided contain trade secrets, privileged information, or confidential commercial, financial, geological, or geophysical data, the State Engineer shall deny the right of inspection of such data to any person and keep the data confidential pursuant to Section 24-72-204(3)(a)(IV), C.R.S. upon request of the applicant.

C. The applicant shall submit the following evidence of ownership or consent:

1) If the applicant owns the overlying land, the applicant shall execute a statement, on a form supplied by the State Engineer, that the overlying land upon which the permit application is based is owned by the applicant and that the ground water in the particular aquifer that is sought to be withdrawn has not been conveyed or reserved to another, nor has consent been given to its withdrawal by another.

2) If the applicant claims consent of the owner(s) of the overlying land, he shall submit, with his permit application, a statement, on a form supplied by the State Engineer, stating whether consent is claimed pursuant to paragraphs a), b) or c) following:

a) If the applicant relies on Section 37-90-137(4)(b)(II)(A), C.R.S., a written consent from the owner to the applicant and evidence of the ownership of land by a statement, as required in Rule 5.C.1) above. The written consent must be a copy of a deed or other document recorded in the county or counties in which the land is located and which includes a legal description of the land for which consent has been given and the aquifers for which consent has been given.

b) If the applicant relies on Section 37-90-137(4)(b)(II)(B), C.R.S., a certified copy of the ordinance or resolution and a copy of the water court application certified by the water court; and

c) If the applicant relies on Section 37-90-137(4)(b)(II)(C), C.R.S., a certified copy of the ordinance or resolution and a certified copy of a detailed map showing the land area as to which consent is deemed to have been given, as required by Section 37-90-137(8), C.R.S. If such a map has been previously filed with the State Engineer, the applicant need not file another map, but shall reference that map and certify that the information thereon is still true and correct.

D. The applicant shall submit, with the application for a well permit, the fee required by statute.

E. The applicant or his authorized agent shall sign and date the application for a well permit certifying that the information set forth thereon is true to the best of his knowledge.

F. The requirements of this Rule 5 shall not apply to applications for well permits submitted prior to the effective date of these rules.

2 CCR 402-7-5