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 37-91-104 - Duties of the board

(1)
The board shall:
(a)
Be responsible for the administration of this article and, with respect to such administration, shall enforce the provisions of this article and any rules adopted pursuant thereto and shall take such other actions as may be reasonably necessary to carry out the provisions of this article;
(b)
Have general supervision and authority over the construction and abandonment of wells and the installation of pumping equipment, as provided by sections
37-91-109
and
37-91-110
;
(c)
Adopt, and from time to time revise, such rules, not inconsistent with law, as may be necessary to effectuate the provisions of this article, all such rules to be adopted in accordance with article
4
of title
24
, C.R.S.;
(d)
Employ, within funds available, personnel necessary for the proper performance of its work under this article;
(e)
Examine for, deny, approve, revoke, suspend, and renew the licenses of applicants and licensees as provided in this article;
(f)
Conduct hearings upon its own motion or upon receipt of written complaints with respect to any licensee under this article and with respect to the denial, revocation, or suspension of a license, all such hearings to be conducted in conformity with article
4
of title
24
, C.R.S. The board may have such hearings conducted before a hearing officer or administrative law judge from the department of personnel designated by the board, who is technically qualified to conduct or assist in such hearings and who may be a member of the board.
(g)
Repealed.
(h)
Cause the prosecution and enjoinder of all persons violating this article;
(i)
Disseminate information to pump installation contractors and well construction contractors in order to protect and preserve the groundwater resources of the state;
(j)
Promulgate rules and regulations pursuant to article
4
of title
24
, C.R.S., to allow certain types of monitoring and observation wells, dewatering wells, and test holes to be constructed, utilized, and abandoned by other than a well construction contractor;
(k)
Adopt, and revise as necessary, such rules regarding the construction, use, and abandonment of monitoring and observation wells, dewatering wells, and test holes necessary to safeguard the public health of the people of Colorado. All such rules shall be adopted in accordance with article
4
of title
24
, C.R.S. The board may require that such wells or holes be designed, constructed, used, or abandoned by a licensed professional engineer, professional geologist, licensed well construction contractor, or anyone directly employed by or under the supervision of one of these individuals.
(l)
(I)
Assure protection of groundwater resources and the public health by ordering the nondestructive investigation, abandonment, repair, drilling, redrilling, casing, recasing, deepening, or excavation of a well where it finds such action to be necessary to correct violations of this article or rules promulgated by the board with respect to this article or to protect groundwater resources and the public health.
(II)
Existing wells that were constructed in compliance with the laws and regulations in effect at the time of their construction shall not be required to be repaired, redrilled, or otherwise modified to meet the current standards for well construction contained in this article or the rules adopted by the board. Any such wells that present an imminent threat to public health or groundwater contamination may be ordered to be repaired or abandoned. The remedial action required by the board for such wells shall be the minimum repair necessary to remove the threat to public health or of groundwater pollution. An order to abandon a well that is issued under this article is not a determination of intent to abandon any water right associated with the well.
(2)
The board may delegate to the state engineer the authority to perform any of the duties of the board as set forth in this article, except those duties authorized in paragraphs (c), (e), (j), and (k) of subsection (1) of this section.
L. 67: p. 693, § 4. C.R.S. 1963: § 148-20-4. L. 83: (1)(g) amended, p. 844, § 77, effective July 1. L. 85: (1)(b), (1)(f), and (1)(h) amended and (2) added, p. 1183, §§ 5, 6, effective July 1. L. 87: (1)(f) amended, p. 976, § 99, effective March 13. L. 95: (1)(f) amended, p. 666, § 106, effective July 1. L. 96: (1)(g) repealed, p. 1216, § 5, effective August 7. L. 2003: (1)(l) added, p. 1677, § 4, effective May 14. L. 2004: (1)(k) amended, p. 1315, § 69, effective May 28.
Subsection (1)(l)(I) was originally enacted as (1)(l) and subsection (1)(l)(II) was originally enacted as (1)(m) in Senate Bill 03-045 but have been renumbered on revision for ease of location.
(1) For the "Information Coordination Act", its policy, and the functions of the heads of principal departments, see § 24-1-136; for rule-making and licensing procedures by state agencies, see article 4 of title 24. (2) For the legislative declaration contained in the 1996 act repealing subsection (1)(g), see section 1 of chapter 237, Session Laws of Colorado 1996.