CO Code § 37-90-130 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 90 - Underground Water|§ 37-90-130. Management Districts - Board of Directors - Enforcement

  The district board has the duty and responsibility of consulting with the commission on all groundwater matters affecting the district to determine whether proposed restrictions or regulations are suitable for such area, to determine in conjunction with the commission whether the area of the district should be enlarged or contracted, to cooperate with the commission and the state engineer in the assembling of data on the groundwater aquifers in the area and the enforcement of regulations or restrictions which may be imposed thereon, and to assist the commission and the state engineer to the end of conserving the groundwater supplies of the area for the maximum beneficial use thereof.    After the issuance of any well permit for the use of groundwater within the district by the ground water commission as provided in sections 37-90-107 and 37-90-108, the district board has the authority to regulate the use, control, and conservation of the groundwater of the district covered by such permit by any one or more of the following methods, but the proposed controls, regulations, or conservation measures shall be subject to review and final approval by the ground water commission if objection is made in accordance with section 37-90-131:   To provide for the spacing of wells producing from the groundwater aquifer or subdivision thereof and to regulate the production therefrom so as to minimize as far as practicable the lowering of the water table or the reduction of the artesian pressure;    To acquire lands for the erection of dams and for the purpose of draining lakes, draws, and depressions, and to construct dams, drain lakes, depressions, draws, and creeks, and to install pumps and other equipment necessary to recharge the groundwater reservoir or subdivision thereof;    To develop comprehensive plans for the most efficient use of the water of the groundwater aquifer or subdivision thereof and for the control and prevention of waste of such water, which plans shall specify in such detail as may be practicable the acts, procedure, performance, and avoidance which are or may be necessary to effect such plans, including specifications therefor; to carry out research projects, develop information, and determine limitations, if any, which should be made on the withdrawal of water from the groundwater aquifer or subdivisions thereof; to collect and preserve information regarding the use of such water and the practicability of recharge of the groundwater aquifer; and to publish such plans and information and bring them to the notice and attention of the users of such groundwater within the district and to encourage their adoption and execution;    To require the owner or operator of any land in the district upon which is located any open or uncovered well to close or cap the same permanently with a covering capable of sustaining weight of not less than four hundred pounds, except when said well is in actual use by the owner or operator thereof;    To promulgate reasonable rules and regulations for the purpose of conserving, preserving, protecting, and recharging the groundwater of the groundwater aquifer or subdivision thereof, in conformity with the provisions of this article;    To prohibit, after affording an opportunity for a hearing before the board of the local district and presentation of evidence, the use of groundwater outside the boundaries of the district where such use materially affects the rights acquired by permit by any owner or operator of land within the district;    In the control and administration of the quantity of groundwater extracted from the aquifer, to adopt such devices, procedures, measures, or methods as it deems appropriate to effectuate this purpose;    To promulgate reasonable rules and regulations with respect to the protection and compensation of the owners of any small capacity wells as defined in section 37-90-105 which may be injured by irrigation wells;    To represent the district at any hearings or proceedings conducted or authorized by the commission affecting any water rights, either actual or potential, within the district;    To exercise such other administrative and regulatory authority concerning the groundwaters of the district as, without the existence of the district, would otherwise be exercised by the ground water commission.       All special and regular meetings of the board shall be held at locations which are within the boundaries of the district or which are within the boundaries of any county in which the district is located, in whole or in part, or in any county so long as the meeting location does not exceed twenty miles from the district boundaries. The provisions of this subsection (3) may be waived only if the following criteria are met:   The proposed change of location of a meeting of the board appears on the agenda of a regular or special meeting of the board; and    A resolution is adopted by the board stating the reason for which a meeting of the board is to be held in a location other than under the provisions of this subsection (3) and further stating the date, time, and place of such meeting.         After the issuance of any well permit within the district, the district has the authority to enforce compliance with the terms and conditions of the permit, the district's rules, and an order issued by the district concerning the well and issued pursuant to this article governing the use of the groundwater allowed by the permit to ensure that the use is within the scope of what is allowed by this article, the district's rules, an order issued by the district concerning the well and issued pursuant to this article, and the well permit.    The district may proceed pursuant to section 37-90-111.5 against a well owner who does not comply with an order issued under paragraph (a) of this subsection (4).    A ground water management district shall provide notice of an order in a manner consistent with the local district's rules. In the absence of a local rule regarding notice, in addition to any other method of giving notice, the mailing of the order in a certified letter to the well owner or operator is sufficient notice of the order of the ground water management district. In the case of circumstances warranting an emergency injunctive proceeding, mailing of the order in a certified letter to the well owner or operator, together with the posting of a written order in plain sight at the well head, is sufficient notice of the order of the ground water management district. The order to the well owner or operator becomes effective on the date of posting in the case of posting at the well head or three days after the certified letter is placed in the United States mail in the case of the certified letter. Except in the case of circumstances warranting an emergency injunctive proceeding, a ground water management district shall allow an alleged violator not less than seven days after the effective date of the order to cure an alleged violation before filing suit in district court.         History. Source: L. 65: R&RE, p. 1261, § 1. C.R.S. 1963: § 148-18-29. L. 71: P. 1316, § 13. L. 75: (2)(h) added, p. 1396, § 1, effective July 1. L. 79: IP(2) amended and (2)(i) and (2)(j) added, p. 1375, § 8, effective June 7. L. 85: (2)(h) amended, p. 1177, § 10, effective May 31. L. 90: (3) added, p. 1506, § 23, effective July 1. L. 98: IP(2) amended and (4) added, p. 1222, § 13, effective August 5. L. 2014: (4) amended,(HB 14-1052), ch. 56, p. 254, § 1, effective March 21. History. Source: L. 65: R&RE, p. 1261, § 1. C.R.S. 1963: § 148-18-29. L. 71: P. 1316, § 13. L. 75: (2)(h) added, p. 1396, § 1, effective July 1. L. 79: IP(2) amended and (2)(i) and (2)(j) added, p. 1375, § 8, effective June 7. L. 85: (2)(h) amended, p. 1177, § 10, effective May 31. L. 90: (3) added, p. 1506, § 23, effective July 1. L. 98: IP(2) amended and (4) added, p. 1222, § 13, effective August 5. L. 2014: (4) amended,(HB 14-1052), ch. 56, p. 254, § 1, effective March 21.    ANNOTATION   The management district is a corporate government subdivision of the state of Colorado which is formed for the purpose of assisting the commission on all matters affecting the district area, which include enforcing commission regulations, providing data on underground aquifers within the area, determining if commission regulations are suitable for the area, and helping conserve the ground water for maximum beneficial use. Jackson v. Colo., 294 F. Supp. 1065 (D. Colo. 1968 ).   The act provides that the district, along with its powers to enforce commission regulations, has general authority to regulate the use, control, and conservation of ground waters within the district, so to accomplish such purposes, the district board of directors has the power to impose upon water users within the district certain rules and regulations, subject to the approval of the commission if timely objection is filed to such a rule by a water user within the district; among others, the district possesses the power to promulgate regulations relating to the limitation upon exportation of ground waters outside of the district, where such use ”materially affects the rights acquired by permit by any owner or operator of land within the district“. North Kiowa-Bijou Mgt. Dist. v. Ground Water Comm'n, 180 Colo. 314 , 505 P.2d 377 (1973).   Where a management district exists, the management district, not the ground water commission, has authority to administer designated ground water priorities within its boundaries. Upper Black Squirrel Creek v. Goss, 993 P.2d 1177 (Colo. 2000).   The Ground Water Management Act empowers the ground water commission, or a water management district where one exists, to issue well withdrawal curtailment orders in the administration of priorities, but does not impose a non-discretionary duty to do so. Upper Black Squirrel Creek v. Goss, 993 P.2d 1177 (Colo. 2000).   And, the management district's rules, its control and conservation measures, and its well spacing criteria apply to the ground water commissions's injury analysis in the permitting phase, as they do when the management district addresses questions of administration and enforcement. Upper Black Squirrel Creek v. Goss, 993 P.2d 1177 (Colo. 2000).   Ground water management district may, by rule, limit allowable ground water pumping by previously-permitted wells, subject to review of the rules by the ground water commission. The vested property right created by a permit is not unchangeable, but rather is subject to management by the district or, in the absence of a district, by the commission. Meridian v. Colo. Ground Water, 240 P.3d 382 (Colo. App. 2009).   With respect to issuing permits and promulgating regulations the act makes available to affected water users the procedures providing for notice, hearing, and review of the commission and the management district measures. Jackson v. Colo., 294 F. Supp. 1065 (D. Colo. 1968 ).   Provisions for review of ”control measures“ refer to general district regulations and not individual decisions made within the ambit of such control measures. North Kiowa-Bijou Mgt. Dist. v. Ground Water Comm'n, 180 Colo. 314 , 505 P.2d 377 (1973).   Federal court decision that plaintiff challenging management district's water control measure should exhaust administrative remedies through review by ground water commission is not res judicata on the issue of commission's jurisdiction to review management district's application and interpretation of measure. North Kiowa-Bijou Mgt. Dist. v. Ground Water Comm'n, 180 Colo. 314 , 505 P.2d 377 (1973).   Applied in Broyles v. Fort Lyon Canal Co., 638 P.2d 244 (Colo. 1981).