reglab/statecodes huggingface dataset:
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 90 - UNDERGROUND WATER (§§ 37-90-101 — 37-90-143) › Section 37-90-127 - Management district - directors - election - term of office

As the terms of the members of the board of directors expire, their successors shall be nominated by petitions containing the signatures of not less than fifteen percent of the number of qualified taxpaying electors of the division who voted at the last preceding district election, to be filed with the secretary of the district not less than thirty-five days before the election; thereafter, the members shall be elected for terms of four years by the plurality vote of the taxpaying electors of the division of the district which they represent. Such elections shall be held on the first Tuesday in February preceding the expiration of such terms and shall be conducted by the district board in the general manner prescribed in section
37-90-124
.
L. 65: R&RE, p. 1261, § 1. C.R.S. 1963: § 148-18-26. L. 2012: Entire section amended, (SB 12-175), ch. 208, p. 883, § 154, effective July 1.
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 90 - UNDERGROUND WATER (§§ 37-90-101 — 37-90-143) › Section 37-90-128 - Management district - directors - no compensation - expenses

The members of the board of directors shall receive no compensation but shall be paid their actual expenses while engaged in the business of such district.
L. 65: R&RE, p. 1261, § 1. C.R.S. 1963: § 148-18-27.
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 90 - UNDERGROUND WATER (§§ 37-90-101 — 37-90-143) › Section 37-90-129 - Management district - officers - election

The board of directors shall annually elect a president, vice-president, secretary, treasurer, and such other officers as may be necessary.
L. 65: R&RE, p. 1261, § 1. C.R.S. 1963: § 148-18-28.
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 90 - UNDERGROUND WATER (§§ 37-90-101 — 37-90-143) › Section 37-90-132 - Management district - board of directors - taxes - levy - limitation

The board of directors may levy and collect annually taxes necessary to finance the activities of such district to the amount of not more than two mills on the dollar of the valuation for assessment of all taxable property within the district. It shall, in accordance with the schedule prescribed by section
39-5-128
, C.R.S., certify its mill levy to the board of county commissioners of the counties wholly or partially within the district, who shall extend the same on the county tax list, and the same shall be collected by the county treasurer in the same manner as state and county taxes are collected. In addition, annually the board of directors of the district may assess and certify a special assessment on all water wells, except those wells described in section
37-90-105
, in the district not to exceed fifteen cents per acre-foot of the maximum annual volume of the appropriation of each such well. Said assessment shall be collected by the county treasurer in the same manner as other special assessments. It is the duty of the board to apply for and to receive from the county treasurers all money to the credit of the district.
L. 65: R&RE, p. 1263, § 1. C.R.S. 1963: § 148-18-31. L. 67: p. 277, § 9. L. 71: p. 1317, § 15. L. 77: Entire section amended, p. 1516, § 86, effective July 15. L. 79: Entire section amended, p. 1375, § 10, effective June 7. L. 85: Entire section amended, p. 1178, § 13, effective May 31.
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 90 - UNDERGROUND WATER (§§ 37-90-101 — 37-90-143) › Section 37-90-133 - Management district - claims - warrants - payment

All claims against ground water management districts may be paid by warrants or orders, duly drawn against the district, as authorized by the board.
L. 65: R&RE, p. 1263, § 1. C.R.S. 1963: § 148-18-32.
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 90 - UNDERGROUND WATER (§§ 37-90-101 — 37-90-143) › Section 37-90-135 - Management district - dissolution - procedure - funds - disposition

If there are no debts outstanding, the board of directors may, on its own motion or on the written petition of twenty percent of the taxpaying electors of the district, request of the ground water commission that the question of dissolution of such district be submitted to the electors of the district. The commission shall fix the date of such election, notice of which shall be given and which shall be conducted in the same manner as elections for the formation of such districts. If a majority of those voting on such question vote in favor of dissolution, the commission shall so certify to the county clerk and recorders of the counties involved and the district shall thereupon be dissolved. The question of dissolution shall not be submitted more often than once every twelve months. In case a district is dissolved the funds on hand or to be collected shall be held by the treasurer, and the directors shall petition the district court of the county in which the main office is located for an order approving the distribution of funds to the taxpayers of the district on the same basis as collected.
L. 65: R&RE, p. 1265, § 1. C.R.S. 1963: § 148-18-34.
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 90 - UNDERGROUND WATER (§§ 37-90-101 — 37-90-143) › Section 37-90-136 - [Repealed]

L. 65: R&RE, p. 1265, § 1. C.R.S. 1963: § 148-18-35. L. 83: Entire section repealed, p. 1413, § 5, effective June 3.
For diversion of groundwater outside the state, see §37-81-101.
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 90 - UNDERGROUND WATER (§§ 37-90-101 — 37-90-143) › Section 37-90-137.5 - [Repealed]

L. 96: Entire section added, p. 1362, § 3, effective June 1. L. 98: (6) amended, p. 1072, § 2, effective June 1. L. 99: (1.5) added and (6) amended, p. 670, § 2, effective May 18.
Subsection (6) provided for the repeal of this section, effective July 1, 2001. (See L. 99, p. 670.)
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 90 - UNDERGROUND WATER (§§ 37-90-101 — 37-90-143) › Section 37-90-138 - Waste - violations - permits

(1)
The state engineer in cooperation with the commission has power to regulate the drilling and construction of all wells in the state of Colorado to the extent necessary to prevent the waste of water and the injury to or destruction of other water resources and shall require well drillers and private drillers to file a log of each well drilled whether or not exempt by virtue of section
37-90-105
. The state engineer shall adopt such rules and regulations as are necessary to accomplish the purposes of this section.
(2)
If the state engineer finds any well to have been drilled or maintained in a manner or condition or to be withdrawing groundwater contrary to this article or the rules issued under this article, the state engineer shall immediately notify the user in writing of the violation and give the user time as may reasonably be necessary, not to exceed sixty days, to correct deficiencies. If the user fails or refuses to correct the deficiencies within the allowed time, the state engineer is authorized to enter upon the user's land and do whatever is necessary in order that the user comply with this article or rules issued under this article. Prior to August 1, 2010, this subsection (2) does not apply to oil and gas wells. For an oil and gas well in existence on March 22, 2010, for which a well permit is required by this section, a well permit application shall be submitted to the state engineer on or before April 30, 2010. For an oil and gas well to be constructed between March 22, 2010, and August 1, 2010, for which a well permit is required by this section, a well permit application shall be submitted to the state engineer on or before June 15, 2010. All oil and gas wells to be constructed after August 1, 2010, for which a well permit is required by this section shall have a well permit prior to producing groundwater.
(3)
No well construction contractor, pump installer, private pump installer, or private driller shall construct a new well or otherwise do work on any well requiring authority from the state engineer or commission until a permit with respect thereto has been secured for such work.
L. 65: R&RE, p. 1266, § 1. C.R.S. 1963: § 148-18-37. L. 67: p. 697, § 14. L. 92: (3) amended, p. 2300, § 6, effective March 19. L. 2009: (2) amended, (HB 09-1303), ch. 390, p. 2110, §4, effective June 2. L. 2010: (2) amended, (SB 10-165), ch. 31, p. 113, §2, effective March 22.
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 90 - UNDERGROUND WATER (§§ 37-90-101 — 37-90-143) › Section 37-90-139 - Existing beneficial uses not recorded - fee

Existing uses of groundwater put to beneficial use prior to May 17, 1965, not of record in the office of the state engineer on April 21, 1967, may be recorded upon written application and payment of a filing fee of twenty-five dollars and shall retain the date of initiation when first put to beneficial use, but no such recording shall be accepted after December 31, 1968.
L. 67: p. 278, § 11. C.R.S. 1963: § 148-18-39.
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 90 - UNDERGROUND WATER (§§ 37-90-101 — 37-90-143) › Section 37-90-142 - State engineer - action upon permit

Except as otherwise provided by specific statute, the state engineer shall act upon an application for a well permit within forty-five days of the receipt thereof.
L. 87: Entire section added, p. 1303, § 7, effective July 2.
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 90 - UNDERGROUND WATER (§§ 37-90-101 — 37-90-143) › Section 37-90-143 - Owners of well permits - update for name and contact information

(1)
Effective July 1, 1994, any owner of an unexpired well permit issued pursuant to this article or article
92
of this title who changes a name or mailing address from that on file with the office of the state engineer shall file an update to the name or mailing address with the state engineer by January 1, 1995, on a form prescribed by the state engineer.
(2)
Effective January 1, 1995, any owner of an unexpired well permit issued pursuant to this article 90 or article
92
of this title 37 who changes a name or contact information from that on file with the state engineer shall file an update with the state engineer within sixty-three days after the date of the change, on a form prescribed by the state engineer.
Amended by 2023 Ch. 47, § 1, eff. 8/7/2023.
L. 94: Entire section added, p. 1748, § 5, effective July 1. L. 2012: (2) amended, (SB 12-175), ch. 208, p. 886, § 158, effective July 1.
2023 Ch. 47, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 90.5 - GEOTHERMAL RESOURCES (§§ 37-90.5-101 — 37-90.5-111) › Section 37-90.5-101 - Short title

This article shall be known and may be cited as the "Colorado Geothermal Resources Act".
L. 83: Entire article added, p. 1419, § 1, effective June 10.
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 90.5 - GEOTHERMAL RESOURCES (§§ 37-90.5-101 — 37-90.5-111) › Section 37-90.5-102 - Legislative declaration

(1)
The general assembly hereby declares that:
(a)
The development of geothermal resources is in the public interest because it enhances local economies and provides an alternative to conventional fuel sources; and
(b)
The development of geothermal resources should be undertaken in such a manner as to safeguard life, health, property, public welfare, and the environment, including wildlife resources; encourage the maximum economic recovery of each resource and prevent its waste; and protect associated correlative rights.
(c)
Repealed.
Amended by 2023 Ch. 235,§ 5, eff. 7/1/2023.
L. 83: Entire article added, p. 1419, § 1, effective June 10.
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 90.5 - GEOTHERMAL RESOURCES (§§ 37-90.5-101 — 37-90.5-111) › Section 37-90.5-104 - Ownership declaration

(1)
Where a geothermal resource is found in association with geothermal fluid which is tributary groundwater, such geothermal resource is declared to be a public resource to which usufructuary rights only may be established according to the procedures of this article. No correlative property right to such a geothermal resource in place is recognized as an incident of ownership of an estate in land.
(2)
The property right to a hot dry rock resource or a geothermal resource associated with nontributary groundwater is an incident of the ownership of the overlying surface, unless the property right is severed, reserved, or transferred with the subsurface estate expressly.
(3)
Nothing in this section shall be deemed to derogate valid, existing property rights to geothermal resources which have vested prior to July 1, 1983. However, such property rights shall not be deemed vested absent the award of a decree for an application filed prior to June 10, 1983, pursuant to existing water law or the entering into of a geothermal lease prior to June 10, 1983, or unless utilizing facilities are actually in existence prior to July 1, 1983. A facility for utilization of geothermal resources shall be considered to be in existence if it is in actual operation or is undergoing significant construction activities prior to operation.
(4)
Notwithstanding any provision of this section to the contrary, nothing in this section:
(a)
Derogates the rights of a landowner to nontributary groundwater; or
(b)
Affects any ownership or rights to a geothermal resource associated with nontributary groundwater, which resource is acquired before July 1, 2023.
(5)
Notwithstanding any provision of this section to the contrary, geothermal resources associated with nontributary groundwater shall not be transferred separately from the nontributary groundwater.
Amended by 2023 Ch. 235,§ 7, eff. 7/1/2023.
L. 83: Entire article added, p. 1420, § 1, effective June 10.
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 90.5 - GEOTHERMAL RESOURCES (§§ 37-90.5-101 — 37-90.5-111) › Section 37-90.5-108 - Geothermal management districts

(1)
The state engineer may adopt procedures that establish geothermal management districts applicable to distributed geothermal resources. In geothermal management districts, the state engineer may:
(a)
Control well-spacing and production rates;
(b)
Control the quantity of geothermal fluid extracted from distributed geothermal resources by methods and procedures that the state engineer deems appropriate, including requirements to reinject; and
(c)
Adopt a comprehensive plan for the most efficient use of distributed geothermal resources, guided by the principles of equitable apportionment, maximum economic recovery, and prevention of waste.
(2)
The state engineer may delegate some or all of his authority under this section to a geothermal management district upon finding that the district has adequate organization and capability to administer an acceptable management plan.
(3)
The state engineer shall notify the commission of any application for a geothermal management district that is anticipated to affect deep geothermal operations.
Amended by 2023 Ch. 235,§ 10, eff. 7/1/2023.
L. 83: Entire article added, p. 1422, § 1, effective June 10.
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 90.5 - GEOTHERMAL RESOURCES (§§ 37-90.5-101 — 37-90.5-111) › Section 37-90.5-109 - Geothermal resource units - rules

(1)
The commission may adopt procedures by rule to establish geothermal resource units applicable to allocated geothermal resources. In its regulation of geothermal resource units, the commission may:
(a)
Control well-spacing and production rates;
(b)
Control the quantity of geothermal fluid extracted from allocated geothermal resources by methods and procedures that the commission deems appropriate, including requirements to reinject;
(c)
Adopt a comprehensive unit plan that encourages sustainable use of allocated geothermal resources; and
(d)
Require equitable compensation to any impacted owner of an allocated geothermal resource.
(2)
Notwithstanding any provision of this section to the contrary, nothing in this section affects the ownership, administration, aggregation, or determination of water rights.
Added by 2023 Ch. 235,§ 11, eff. 7/1/2023.
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 90.5 - GEOTHERMAL RESOURCES (§§ 37-90.5-101 — 37-90.5-111) › Section 37-90.5-110 - Geothermal resource studies - report - repeal

(1)
(a)
The commission shall fund a technical study of the state's geothermal resources that includes:
(I)
A resource evaluation;
(II)
A description of potential applications of emerging technologies;
(III)
An evaluation of potential impacts, including environmental and public health impacts, and a consideration of:
(A)
Potential impacts to ozone nonattainment areas from the development of geothermal resources; and
(B)
Potential ozone mitigation measures;
(IV)
An economic analysis; and
(V)
A description of any potential opportunities to utilize existing infrastructure.
(b)
On or before July 1, 2024, the commission shall post the results of the study on the commission's website.
(2)
(a)
The commission and the state engineer shall collaborate on a study that evaluates the state regulatory structure for geothermal resources in the state and whether any changes to state law or rules are necessary.
(b)
On or before December 31, 2024, the commission shall:
(I)
Draft a report describing the results of the study and post the report on the commission's website; and
(II)
Submit the report to the general assembly.
(c)
The commission shall present the report described in subsection (2)(b)(I) of this section to the energy and environment committee of the house of representatives and the transportation and energy committee of the senate, or any successor committees, during the 2025 legislative session.
(3)
This section is repealed, effective July 1, 2025.
Added by 2023 Ch. 235,§ 11, eff. 7/1/2023.
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 90.5 - GEOTHERMAL RESOURCES (§§ 37-90.5-101 — 37-90.5-111) › Section 37-90.5-111 - Coordination between the commission and the state engineer

(1)
When an operations permit is issued by the commission pursuant to section
37-90.5-106 (1)(b)(II)
and a use permit is issued by the state engineer pursuant to section
37-90.5-107 (1)
, the commission and the state engineer shall coordinate to:
(a)
Ensure that any applicable requirements of the commission and the state engineer are met; and
(b)
Determine whether an accounting for the use and reinjection of geothermal fluid pursuant to the applicable permit may be submitted to only the commission or only the state engineer.
Added by 2023 Ch. 235,§ 11, eff. 7/1/2023.
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 37-91-101 - Legislative declaration

(1)
The general assembly hereby finds, determines, and declares that:
(a)
It has been established by scientific evidence that improperly constructed wells, improperly abandoned wells, and improperly installed pumping equipment can adversely affect groundwater resources and the public health, safety, and welfare; and
(b)
Therefore, the proper location, construction, repair, and abandonment of wells, the proper installation and repair of pumping equipment, the licensing and regulation of persons engaging in the business of contracting either for the construction of wells or for the installation of pumping equipment, and the periodic inspection of well construction and pump installation are essential for the protection of the public health and the preservation of groundwater resources.
L. 67: p. 691, § 1. C.R.S. 1963: § 148-20-1. L. 85: Entire section amended, p. 1180, § 1, effective July 1. L. 2003: Entire section amended, p. 1675, § 1, effective May 14.
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 37-91-103 - State board of examiners of water well construction and pump installation contractors

(1)
There is created, in the division of water resources in the department of natural resources, a state board of examiners of water well construction and pump installation contractors, consisting of five members and comprised of the following persons: The state engineer or a representative designated by the state engineer; a representative of the department of public health and environment designated by the executive director of the department; and three members appointed by the governor, two of whom must be well construction contractors or pump installation contractors, each with a minimum of ten years' experience in the well construction or pump installation business preceding the individual's appointment, and one of whom must be an engineer or geologist with a minimum of ten years' experience in water supply and well construction preceding the individual's appointment. The state board of examiners of water well construction and pump installation contractors is a
type 1
entity, as defined in section
24-1-105
.
(2)
All members shall be appointed for four-year terms, but no member shall be reappointed to or serve more than two consecutive four-year terms. Any vacancy occurring in the board membership of the governor's appointees, other than by expiration, shall be filled by the governor by appointment for the unexpired term. Members shall serve without compensation but shall be reimbursed for actual expenses necessarily incurred in their official business.
(3)
The board shall meet at least once every three months and at such other times as it deems necessary or advisable. Special board meetings may be called at any time on order of the chairman or vice-chairman or any three members of the board. The board shall determine the time and place of all meetings, but at least one meeting every three months shall be held in Denver. Three members of the board shall constitute a quorum, and the affirmative vote of three members shall be required to pass any action or motion of the board. The board may adopt bylaws to govern its own procedure.
Amended by 2022 Ch. 469,§170, eff. 8/10/2022.
L. 67: p. 693, § 3. C.R.S. 1963: § 148-20-3. L. 68: p. 129, § 142. L. 85: (1) amended, p. 1182, § 4, effective July 1. L. 2003: (2) and (3) amended, p. 1677, § 3, effective May 14.
2022 Ch. 469, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 37-91-106 - License - exemptions - rules

(1)
(Deleted by amendment, L. 2003, p. 1678, § 6, effective May 14, 2003.)
(2)
A license shall not be required of any person who performs labor or services if he is directly employed by, or under the supervision of, a licensed well construction contractor or pump installation contractor.
(3)
Private drillers and private pump installers are exempt from all license requirements under this article; except that such entities shall be required to comply with minimum construction standards as required by section
37-91-110
and the rules of the board.
(4)
A license shall not be required of a professional engineer, professional geologist, or professional hydrologist or anyone directly employed by, or under the supervision of, a professional engineer, professional geologist, or professional hydrologist for the purpose of sampling, measuring, or test-pumping for scientific, engineering, or regulatory purposes. The board may promulgate rules governing such sampling, measuring, or test-pumping, and all such sampling, measuring, or test-pumping shall be done in compliance with such rules.
L. 67: p. 695, § 6. C.R.S. 1963: § 148-20-6. L. 85: Entire section amended, p. 1184, § 8, effective July 1. L. 2003: (1), (3), and (4) amended, p. 1678, § 6, effective May 14. L. 2005: (3) amended, p. 157, § 1, effective April 5.
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 37-91-109 - Further scope of article - orders - penalties

(1)
In addition to the licensing of well construction contractors and pump installation contractors as required by this article, no well shall be located, constructed, repaired, or abandoned and no pumping equipment shall be installed or repaired contrary to the provisions of this article and applicable rules of the board promulgated to effectuate the purposes of this article. The board may by order require any licensee, private driller, or private pump installer to remedy any such noncompliant installation, construction, or repair and may, pursuant to rules and after due notice and a hearing, impose penalties for such noncompliance. The provisions of this article shall apply to any well or any pumping equipment not otherwise subject to regulation under the laws of this state and to any distribution, observation, monitoring, or dewatering of water therefrom; but this article shall not apply to any distribution of water beyond the point of discharge from the pressure tank or to any distribution of water beyond the point of discharge from the pumping equipment if no pressure tank or an overhead pressure tank is employed.
(2)
Only a licensed pump installation contractor may install a cistern or other water storage tank between the wellhead and the pressure tank or downstream of the wellhead if no pressure tank is utilized.
L. 67: p. 696, § 9. C.R.S. 1963: § 148-20-9. L. 85: Entire section amended, p. 1187, § 12, effective July 1. L. 2003: Entire section amended, p. 1680, § 10, effective May 14.
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 37-91-110 - Basic principles and minimum standards

(1)
The following basic principles, general in scope and fundamental in character, shall govern the construction, repair, or abandonment of any well and the installation or repair of any pumping equipment:
(a)
Water wells shall be:
(I)
Located in such manner that the well and its surroundings can be kept in a sanitary condition;
(II)
Adequate in size to permit the installation of pumping equipment to produce the volume of water sought to be obtained in compliance with the well permit;
(III)
Constructed or abandoned in such a manner as to maintain natural protection against pollution of water-bearing formations and to exclude known sources of contamination;
(b)
The pumping equipment shall be:
(I)
Located in such a manner that the pump and its surroundings can be kept in a sanitary condition;
(II)
Selected, constructed, and installed: To meet the water yield and drawdown characteristic of the well; to be durable and reliable in character; of such material that no toxic or otherwise objectionable condition will be created in the water; in such a manner that continued operation without priming is assured at the time of installation; and to provide adequate protection against pollution of any character from any surface or subsurface source.
(2)
The board shall adopt and may, from time to time, amend rules and regulations reasonably necessary to insure the proper construction or proper abandonment of wells and the proper installation of pumping equipment. The board has the authority to require the filing of information and reports relating to the construction or abandonment of wells and the installation of pumping equipment whenever it may deem such action to be necessary.
(3)
All wells shall be constructed or abandoned and all pumping equipment shall be installed in compliance with this article and with the rules and regulations promulgated by the board.
L. 67: p. 696, § 10. C.R.S. 1963: § 148-20-10. L. 85: IP(1), (1)(a)(II), (1)(a)(III), and (2) amended and (3) added, p. 1187, § 13, effective July 1.
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 37-91-111 - Violations and penalties

(1)
It is unlawful:
(a)
For any person to represent himself as a well construction contractor or a pump installation contractor who is not licensed under this article or to so represent himself after his license has been suspended or revoked or has lapsed;
(b)
For any person not licensed under this article to advertise or issue any sign, card, or other device which would indicate that he is a well construction contractor or a pump installation contractor;
(c)
For any person not licensed or whose license is suspended to construct wells unless he is a private driller or directly employed by or under the supervision of a licensed well construction contractor;
(d)
For any person not licensed or whose license is suspended to install pumping equipment unless he is a private pump installer or directly employed by or under the supervision of a licensed pump installation contractor, except as excluded pursuant to section
37-91-106 (4)
; or
(e)
For any person to otherwise violate any of the provisions of this article.
(2)
Any person who violates any provision of subsection (1) of this section commits a petty offense.
(3)
Any person who violates any provision of subsection (1) of this section shall also be subject to a civil penalty assessed by the court of not less than one hundred dollars nor more than five thousand dollars for each such violation. All civil penalties collected under this subsection (3) shall be transmitted to the state treasurer, who shall credit the same to the well inspection cash fund created in section
37-80-111.5
.
Amended by 2021 Ch. 462, § 680, eff. 3/1/2022.
L. 67: p. 697, § 11. C.R.S. 1963: § 148-20-11. L. 85: Entire section amended, p. 1188, § 14, effective July 1. L. 2003: (3) amended, p. 1681, § 11, effective May 14. L. 2021: (2) amended, (SB 21-271), ch. 3292, p. 3292, § 680, effective 3/1/2022.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 37-91-112 - Injunctive proceedings

(1)
The board may, through the attorney general of the state of Colorado, apply for civil penalties and for an injunction to enjoin any person from committing any act declared to be unlawful by this article. Such application shall be heard in the district court in which the grounds for the injunction arose.
(2)
Such injunctive proceedings shall be in addition to and not in lieu of any other penalty or remedy provided in this article.
(3)
In such proceedings, if the court enters a temporary restraining order, preliminary injunction, or permanent injunction or awards civil penalties, the person against whom such injunctive order was entered or against whom such civil penalties were awarded shall pay the costs of the proceeding, including reasonable attorney fees.
L. 67: p. 697, § 12. C.R.S. 1963: § 148-20-12. L. 85: (1) amended and (3) added, p. 1188, § 15, effective July 1.
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 37-91-113 - Well inspection program

(1)
The state engineer shall monitor compliance with this article, including by inspecting water well construction and pump installation, and may employ inspectors for such purpose. The costs of such monitoring and inspection shall be paid from the well inspection cash fund created by section
37-80-111.5
.
(2)
Inspectors shall have the following qualifications, but need not be licensed pursuant to this article:
(a)
Knowledge of proper well construction and pump installation techniques and practices;
(b)
Drill site experience;
(c)
Computer skills;
(d)
Interpersonal skills; and
(e)
Knowledge of all applicable statutes and rules.
(3)
Inspectors shall annually spend a majority of their time conducting field inspections and a minority of their time preparing and evaluating reports and related office work. Duties shall include the following:
(a)
Well construction and pump installation inspection and observation;
(b)
Complaint investigation;
(c)
Education and outreach;
(d)
Inspection and observation of geotechnical wells, observation and monitoring wells, dewatering wells, and test holes;
(e)
Field inspections of existing wells and pumps;
(f)
Field inspections of well and hole plugging and abandonment; and
(g)
Staff support for the state engineer and board.
L. 2003: Entire section added, p. 1681, § 12, effective May 14.
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) › WATER RIGHT DETERMINATION AND ADMINISTRATION (§§ 37-92-101 — 37-92-602) › Article 92 - WATER RIGHT DETERMINATION AND ADMINISTRATION (§§ 37-92-101 — 37-92-602) › Part 1 - GENERAL (§§ 37-92-101 — 37-92-103) › Section 37-92-101 - Short title

This article shall be known and may be cited as the "Water Right Determination and Administration Act of 1969".
L. 69: p. 1200, § 1. C.R.S. 1963: § 148-21-1.
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) › WATER RIGHT DETERMINATION AND ADMINISTRATION (§§ 37-92-101 — 37-92-602) › Article 92 - WATER RIGHT DETERMINATION AND ADMINISTRATION (§§ 37-92-101 — 37-92-602) › Part 2 - WATER DIVISIONS - COURTS (§§ 37-92-201 — 37-92-204) › Section 37-92-201 - Water divisions

(1)
For the purposes of this article, the following water divisions are hereby established:
(a)
Division 1: Division 1 consists of all lands in the state of Colorado in the drainage basins of the South Platte river, the Big Laramie river, the Arikaree river, the north and south forks of the Republican river, the Smokey Hill river, Sandy and Frenchman creeks, and streams tributary to said rivers and creeks.
(b)
Division 2: Division 2 consists of all lands in the state of Colorado in the drainage basins of the Arkansas river and the Dry Cimarron river, and streams tributary to said rivers.
(c)
Division 3: Division 3 consists of all lands in the state of Colorado in the drainage basin of the Rio Grande and all of its tributaries, and all lands in the drainage basins of the San Luis creek, Saguache creek, Tuttle creek, Carnero creek, La Garita creek, Sand or Medano creek, Big Spring creek, Little Spring creek, Mosca creek, Sierra Blanca creek, and all of their tributaries, and all lands in the drainage basins of all other creeks between Trinchera creek and Sand or Medano creek, and lands in the drainage basins of all other creeks which have their sources of water supply in the La Garita mountains and flow eastward into the San Luis valley.
(d)
Division 4: Division 4 consists of all lands in the state of Colorado in the drainage basins of the Gunnison river and all of its tributaries, the Little Dolores river, the San Miguel river, and that portion of the Dolores river and its tributaries north of the north township line of Township 45 North, New Mexico Principal Meridian.
(e)
Division 5: Division 5 consists of all lands in the state of Colorado in the drainage basins of the Colorado river and all of its tributaries arising within Colorado, with the exception of the Gunnison river.
(f)
Division 6: Division 6 consists of all lands in the state of Colorado in the drainage basins of the White river, the Yampa or Bear river, the Green river, the North Platte river, and all of their tributaries.
(g)
Division 7: Division 7 consists of all lands located in the southwest corner of the state of Colorado and in the drainage basins of the San Juan river, Rio Piedra, Rio Las Animas, Los Pinos river, La Plata river, Rio Mancos and streams tributary to said rivers and creeks as well as that portion of the Dolores river and its tributaries lying south of the north line of Township 45 North, New Mexico Principal Meridian.
L. 69: p. 1202, § 1. C.R.S. 1963: § 148-21-8. L. 2009: (1)(e) and (1)(f) amended, (SB 09-015), ch. 6, p. 57, §1, effective August 5.
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) › WATER RIGHT DETERMINATION AND ADMINISTRATION (§§ 37-92-101 — 37-92-602) › Article 92 - WATER RIGHT DETERMINATION AND ADMINISTRATION (§§ 37-92-101 — 37-92-602) › Part 2 - WATER DIVISIONS - COURTS (§§ 37-92-201 — 37-92-204) › Section 37-92-202 - Division engineers

(1)
(a)
The state engineer, with the approval of the executive director of the department of natural resources, shall appoint one division engineer for each division. The division engineers are allocated to the division of water resources as a section of the division. The division engineers are
type 1
entities, as defined in section
24-1-105
. Each division engineer must be a licensed professional engineer and must have such additional qualifications as may be specified from time to time by the state engineer. The state engineer, with the approval of said executive director, may employ such assistants and staff members as are necessary to enable each division engineer to carry out the division engineer's duties.
(b)
Each division engineer shall reside in his division, and the offices of the various division engineers shall be maintained in the following locations:
Division 1
Greeley
Division 2
Pueblo
Division 3
Alamosa
Division 4
Montrose
Division 5
Glenwood Springs
Division 6
Steamboat Springs
Division 7
Durango
(2)
The division engineers shall perform such functions as are specified in this article and other laws and such functions as may be specified in written instructions and orders issued to them or to any one of them from time to time by the state engineer.
(3)
With the approval of the state engineer, each division engineer may establish one or more field offices within his division and may appoint as a member of his staff a water commissioner for each such office.
(4)
The expenses of the offices and staffs of the division engineers shall be provided for out of state funds.
(5)
To the extent required by the constitution and laws of Colorado, appointments under this section shall be subject and pursuant to the state personnel system.
Amended by 2022 Ch. 469, § 171, eff. 8/10/2022.
L. 69: p. 1203, § 1. C.R.S. 1963: § 148-21-9. L. 2004: (1)(a) amended, p. 1316, § 70, effective May 28.
2022 Ch. 469, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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) › WATER RIGHT DETERMINATION AND ADMINISTRATION (§§ 37-92-101 — 37-92-602) › Article 92 - WATER RIGHT DETERMINATION AND ADMINISTRATION (§§ 37-92-101 — 37-92-602) › Part 2 - WATER DIVISIONS - COURTS (§§ 37-92-201 — 37-92-204) › Section 37-92-204 - Water clerks - duties

(1)
(a)
There is established in each water division the office of water clerk, who shall be an associate clerk of the district court and shall be appointed in the same manner as clerks of the various district courts. The water clerk may be a part-time employee, or an existing clerk of the district court may be assigned additional duties as water clerk. Any reference in this article to a filing with the water clerk means a filing in the district court where such clerk serves.
(b)
The water clerk shall maintain his office in the offices of the clerk of the district court of the county in each division as follows:
Division 1
Weld
Division 2
Pueblo
Division 3
Alamosa
Division 4
Montrose
Division 5
Garfield
Division 6
Routt
Division 7
La Plata
(2)
The water clerk shall maintain the records of all proceedings related to appropriations, determinations of water rights and conditional water rights and the amount and priority thereof, changes of water rights, plans for augmentation, abandonment of water rights and conditional water rights, and the records of all proceedings of the water judge and of all rulings and actions of the referee required by this article to be filed with the water clerk. The clerks of the various district courts in each division, if requested by the water clerk of that division, shall transfer to the water clerk duplicate copies of any of the files, or parts thereof, of cases relating to water rights. The water clerk shall perform such other duties as may be prescribed by the water judge or the supreme court.
(3)
Subject to the approval of the water judge, the water clerk in each division shall employ such assistants and deputies as may be necessary for him or her to carry out his or her duties. The water clerk, assistants, and deputies shall take an oath or affirmation in accordance with section
24-12-101
and file such bond as may be prescribed by the supreme court.
(4)
The expense of the office and staff of the water clerk shall be provided for out of state funds appropriated to the supreme court, and each county in which a water clerk's office is located shall be reimbursed for the cost thereof to the county.
Amended by 2018 Ch. 88, § 45, eff. 8/8/2018.
L. 69: p. 1205, § 1. C.R.S. 1963: § 148-21-11. L. 70: p. 431, § 2. L. 2018: (3) amended, (HB 18-1138), ch. 88, p. 704, § 45, effective August 8.
For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018.
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) › WATER RIGHT DETERMINATION AND ADMINISTRATION (§§ 37-92-101 — 37-92-602) › Article 92 - WATER RIGHT DETERMINATION AND ADMINISTRATION (§§ 37-92-101 — 37-92-602) › Part 3 - DETERMINATION AND ADMINISTRATION OF WATER RIGHTS (§§ 37-92-301 — 37-92-311) › Section 37-92-303 - Rulings by the referee

(1)
Within sixty-three days after the last day on which statements of opposition may be filed with respect to a particular application, unless such time is extended by the water judge for good cause shown, the referee shall make a ruling on the application unless the referee determines to rerefer the matter to the water judge as specified in subsection (2) of this section. The ruling may disapprove the application in whole or in part in the discretion of the referee even though no statements of opposition have been filed. The ruling of the referee shall give the names of the applicants with respect to each water right or conditional water right involved, the location of the point of diversion or place of storage, the means of diversion, the type of use, the amount and priority, and other pertinent information. In the case of a plan for augmentation, such ruling shall include a complete statement of such plan as approved or disapproved. The ruling shall be filed with the water clerk, subject to judicial review. A copy of the ruling shall be sent by the water clerk by regular or electronic mail to the applicant, to each person who has filed a statement of opposition, to the state engineer, and to the division engineer.
(2)
The referee may determine not to make a ruling as specified in subsection (1) of this section and to rerefer the matter to the water judge for a decision as provided in this article. Such rereferral shall be accomplished by order of the referee, which shall be entered within sixty-three days following the last month in which statements of opposition may be filed with respect to the particular application, unless such time is extended by the water judge for good cause shown. The referee shall rerefer the matter to the water judge at any time before the referee's hearing upon a motion to rerefer by the applicant or any opposer certifying that party's intent to protest an adverse ruling of the referee. A motion to rerefer shall not be a prerequisite to a protest of the ruling of the referee. A copy of the order shall be sent by the water clerk to the applicant and to each person who has filed a statement of opposition and to the state engineer and the division engineer by regular or electronic mail.
L. 69: p. 1208, § 1. C.R.S. 1963: § 148-21-19. L. 71: p. 1327, § 2. L. 83: Entire section amended, p. 1427, § 2, effective July 1. L. 88: (2) amended, p. 1240, § 3, effective July 1. L. 2005: Entire section amended, p. 122, § 3, effective April 5. L. 2012: Entire section amended, (SB 12-175), ch. 208, p. 888, § 163, effective July 1.