2 Colo. Code Regs. § 410-1-3

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

Rule 2 CCR 410-1-3 - SCOPE AND PURPOSE

3.1 The Rules establish the management criteria or allowable rate of depletion for designated ground water in each designated ground water basin. Such management criteria will be used as the basis for the review of applications to use designated ground water pursuant to section 37-90-107, C.R.S. The management criteria establish the basis to determine whether a proposed permit would result in unreasonable impairment to existing water rights.

3.2 The Rules for replacement wells will expedite the processing of replacement applications and establish limits to differentiate between a replacement well pursuant to section 37-90-111(1)(c), C.R.S., and a change of water right pursuant to section 37-90-111(1)(g), C.R.S.

3.3 The Rules establish equitable standards for the review of applications to change a right to use designated ground water pursuant to section 37-90-111(1)(g), C.R.S. These standards also set limitations necessary to prevent material injury.

3.4 The Rules establish reasonable guidelines for water measuring devices to be required as a condition of a permit or change application approval.

3.5 The Rules seek to improve communication and coordination between the Ground Water Commission and the Designated Ground Water Management Districts.

3.6 The Rules are intended to standardize policies and procedures of the Ground Water Commission, to make information as widely available as possible, and to ensure uniform and consistent action by the Commission.

3.7 The Rules are not intended to change any terms or conditions of any permits already issued or of any approvals already granted. However, the State Engineer or the Commission have the statutory authority to supervise and control the exercise and administration of all rights acquired to the use of designated ground water. §§ 37-90-110, 111(1)(a), C.R.S. (2018).

3.8 All plates, figures, various rules, findings, memoranda and reports referenced herein are available from the office of the Division of Water Resources, 1313 Sherman St., Room 821, Denver, CO 80203 and are available for public inspection during regular business hours; or on water.state.co.us. Certified copies of these materials shall be provided at cost upon request. These Rules do not contain any later amendments of the materials unless otherwise stated.

2 CCR 410-1-3

42 CR 24, December 25, 2019, effective 1/14/2020

45 CR 17, September 10, 2022, effective 9/30/2022