2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › UNDERGROUND WATER (§§ 37-90-101 — 37-91-113) › Article 91 - WATER WELL CONSTRUCTION AND PUMP INSTALLATION CONTRACTORS (§§ 37-91-101 — 37-91-113) › Section 37-91-108 - Denial, revocation, or suspension of license

(1)
The board, by an affirmative vote of three of its five members, may withhold, deny, revoke, or suspend any license issued or applied for in accordance with the provisions of this article, upon proof that the licensee or applicant:
(a)
Has used fraud or deception in applying for a license or in taking an examination provided for in this article;
(b)
Has willfully or negligently violated any of the provisions of this article or of the "Colorado Groundwater Management Act";
(c)
Has failed to comply with minimum standards prescribed by section
37-91-110
or the rules of the board promulgated with respect to this article;
(d)
Has knowingly constructed a well or installed pumping equipment without a valid permit;
(e)
Has knowingly filed with the division of water resources a document containing untrue statements;
(f)
Has used fraud or deception in collecting fees from persons with whom he has contracted for well construction or pump installation;
(g)
Has failed to submit a well completion report or a pump installation report pursuant to the requirement therefor in the rules and regulations of the board;
(h)
Has authorized a person, not directly employed or directly supervised by the licensee, to construct wells or install pumping equipment under the authority of the licensee's license; or
(i)
Has failed to complete the continuing education requirement established in section
37-91-107
within one year after the establishment of such requirement.
(2)
No license shall be withheld, denied, revoked, or suspended except in conformity with article
4
of title
24
, C.R.S.
(3)
A hearing upon a complaint may be initiated only if the complaint was filed with the board within two years of the filing of the completion report for the well or pumping equipment, the construction or installation of which formed the basis of the complaint. If no completion report was filed, a hearing upon the complaint may be initiated only if the complaint was filed with the board within two years of the discovery of the violation or defect that constituted the grounds for the complaint.
(4)
The board may order the nondestructive investigation, abandonment, repair, drilling, redrilling, casing, recasing, deepening, or excavation of a well to protect groundwater resources and the public health if the board finds such action to be necessary to correct violations of article
90
of this title, this article, or the rules promulgated by the board pursuant to this article.
(5)
The board may assess fines of not less than fifty dollars nor more than one thousand dollars for violations of article
90
of this title, this article, or the rules promulgated by the board pursuant to this article for each such violation. Such fines shall be transmitted to the state treasurer, who shall credit them to the well inspection cash fund created in section
37-80-111.5
.
L. 67: p. 696, § 8. C.R.S. 1963: § 148-20-8. L. 85: (1)(c) amended and (1)(d) to (1)(h) and (3) added, p. 1186, §§ 10, 11, effective July 1. L. 2003: (1)(h) amended and (1)(i), (4), and (5) added, p. 1680, §§ 8, 9, effective May 14.
For rule-making and licensing procedures by state agencies, see article 4 of title 24; for the "Colorado Groundwater Management Act", see article 90 of this title 37.