reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION BOARD AND COMPACTS (§§ 37-60-101 — 37-75-107) › INTERBASIN COMPACTS (§§ 37-75-101 — 37-75-107) › Article 75 - INTERBASIN COMPACTS (§§ 37-75-101 — 37-75-107) › Section 37-75-101 - Short title

This article shall be known and may be cited as the "Colorado Water for the 21st Century Act".
L. 2005: Entire article added, p. 1472, § 1, effective June 7.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION BOARD AND COMPACTS (§§ 37-60-101 — 37-75-107) › INTERBASIN COMPACTS (§§ 37-75-101 — 37-75-107) › Article 75 - INTERBASIN COMPACTS (§§ 37-75-101 — 37-75-107) › Section 37-75-102 - Water rights - protections

(1)
It is the policy of the general assembly that the current system of allocating water within Colorado shall not be superseded, abrogated, or otherwise impaired by this article. Nothing in this article shall be interpreted to repeal or in any manner amend the existing water rights adjudication system. The general assembly affirms the state constitution's recognition of water rights as a private usufructuary property right, and this article is not intended to restrict the ability of the holder of a water right to use or to dispose of that water right in any manner permitted under Colorado law.
(2)
The general assembly affirms the protections for contractual and property rights recognized by the contract and takings protections under the state constitution and related statutes. This article shall not be implemented in any way that would diminish, impair, or cause injury to any property or contractual right created by intergovernmental agreements, contracts, stipulations among parties to water cases, terms and conditions in water decrees, or any other similar document related to the allocation or use of water. This article shall not be construed to supersede, abrogate, or cause injury to vested water rights or decreed conditional water rights. The general assembly affirms that this article does not impair, limit, or otherwise affect the rights of persons or entities to enter into agreements, contracts, or memoranda of understanding with other persons or entities relating to the appropriation, movement, or use of water under other provisions of law.
L. 2005: Entire article added, p. 1472, § 1, effective June 7.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION BOARD AND COMPACTS (§§ 37-60-101 — 37-75-107) › INTERBASIN COMPACTS (§§ 37-75-101 — 37-75-107) › Article 75 - INTERBASIN COMPACTS (§§ 37-75-101 — 37-75-107) › Section 37-75-103 - Director of compact negotiations

(1)
Within thirty days after June 7, 2005, the governor shall appoint a director of compact negotiations, which office is hereby created in the office of the governor. The director of compact negotiations shall act as the overseer and caretaker of the compact negotiations process established in this article.
(2)
The director of compact negotiations shall have the following responsibilities:
(a)
Provide support and assistance to applicable local stakeholders in the formation of permanent basin roundtables established pursuant to section
37-75-104
;
(b)
Oversee and direct the expenditure of moneys appropriated pursuant to this article; and
(c)
Serve as the chairperson of the interbasin compact committee and oversee implementation of the interbasin compact committee's responsibilities consistent with section
37-75-105
, including the timely completion and referral of the interbasin compact charter.
L. 2005: Entire article added, p. 1473, § 1, effective June 7. L. 2006: (1) amended, p. 1283, § 4, effective May 26.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION BOARD AND COMPACTS (§§ 37-60-101 — 37-75-107) › INTERBASIN COMPACTS (§§ 37-75-101 — 37-75-107) › Article 75 - INTERBASIN COMPACTS (§§ 37-75-101 — 37-75-107) › Section 37-75-106 - Public education - outreach

(1)
The interbasin compact committee shall develop a public education, participation, and outreach working group.
(2)
The public education, participation, and outreach working group shall:
(a)
Create a process to inform, involve, and educate the public on the interbasin compact committee's activities and progress of the interbasin compact negotiations; and
(b)
Create a mechanism by which public input and feedback can be relayed to the interbasin compact committee and compact negotiators.
L. 2005: Entire article added, p. 1478, § 1, effective June 7.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION BOARD AND COMPACTS (§§ 37-60-101 — 37-75-107) › INTERBASIN COMPACTS (§§ 37-75-101 — 37-75-107) › Article 75 - INTERBASIN COMPACTS (§§ 37-75-101 — 37-75-107) › Section 37-75-107 - Interbasin compact committee operation fund - creation

(1)
There is hereby created in the state treasury the interbasin compact committee operation fund, which shall be administered by the Colorado water conservation board and consists of all money transferred by the treasurer as specified in section
39-29-109(2)(a)
(II.5)(C). All money in the fund is continuously appropriated to the Colorado water conservation board for the purposes stated in this article 75. All money in the fund at the end of each fiscal year shall be retained in the fund and shall not revert to the general fund or any other fund.
(2)
Repealed.
(3)
Notwithstanding subsection (1) of this section, on April 30, 2021, the state treasurer shall transfer two hundred ninety-seven thousand seven hundred fifty-nine dollars from the interbasin compact committee operation fund created in subsection (1) of this section to the severance tax operational fund created in section
39-29-109(2)(b)(I)
.
Amended by 2021 Ch. 255,§14, eff. 6/18/2021.
Amended by 2021 Ch. 81,§4, eff. 4/30/2021.
Amended by 2018 Ch. 201,§12, eff. 5/4/2018.
L. 2008: Entire section added, p. 1868, § 3, effective June 2. L. 2018: Entire section amended, (HB 18-1338), ch. 1311, p. 1311, § 12, effective May 4. L. 2021: (3) added, (SB 21-220), ch. 310, p. 310, §4, effective April 30; (1) amended, (SB 21-281), ch. 1503, p. 1503, § 14, effective June 18.
(1) For the text of subsection (2), enacted by HB 18-1338, in effect from May 4, 2018, to July 1, 2018, see chapter 201, Session Laws of Colorado 2018. ( L. 2018, p. 1311.)
(2) Subsection (2)(b) provided for the repeal of subsection (2), effective July 1, 2018. (See L. 2018, p. 1311.)
For the legislative declaration in SB 21-281, see section 1 of chapter 255, Session Laws of Colorado 2021.
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) › GENERAL AND ADMINISTRATIVE (§§ 37-80-101 — 37-80-124) › Article 80 - STATE ENGINEER (§§ 37-80-101 — 37-80-124) › Section 37-80-101 - State engineer

Pursuant to section 13 of article XII of the state constitution, the governor shall appoint a state engineer. The office of the state engineer must be located within the state capitol complex. The state engineer shall be provided the resources, including an operating budget, necessary to discharge the duties of the office.
Amended by 2017 Ch. 47,§ 1, eff. 8/9/2017.
L. 1889: p. 371, § 1. R.S. 08: § 3321. C.L. § 1803. CSA: C. 90, § 201. CRS 53: § 147-11-1. C.R.S. 1963: § 148-11-1. L. 2017: Entire section amended, (SB 17-026), ch. 47, p. 139, § 1, effective August 9.
For the state personnel system, see § 13 of art. XII, Colo. Const., and article 50 of title 24.
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) › GENERAL AND ADMINISTRATIVE (§§ 37-80-101 — 37-80-124) › Article 80 - STATE ENGINEER (§§ 37-80-101 — 37-80-124) › Section 37-80-101.5 - Office of the state engineer

The office of the state engineer is created in the division of water resources in the department of natural resources and is a
type 1
entity, as defined in section
24-1-105
.
Added by 2022 Ch. 469,§168, eff. 8/10/2022.
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) › GENERAL AND ADMINISTRATIVE (§§ 37-80-101 — 37-80-124) › Article 80 - STATE ENGINEER (§§ 37-80-101 — 37-80-124) › Section 37-80-103 - Additional duties of state engineer

The state engineer shall perform all duties imposed upon him by law and, when called upon by the governor, shall give his counsel and services to any state department or institution. He shall be allowed all actual traveling and other necessary expenses and the actual cost of preparing necessary maps and drawings, which actual expenses shall be paid by the department or institution requiring his services.
L. 1889: p. 373, § 6. R.S. 08: § 3325. C.L. § 1808. CSA: C. 90, § 207. CRS 53: § 147-11-6. C.R.S. 1963: § 148-11-6.
For the state engineer as head of the division of water resources, see §§ 24-1-124(3)(a) and 24-33-104(1)(e); for fees collected by state engineer, see § 37-80-110; for compensation of state engineer, see § 37-80-113; for powers of the state engineer to enforce laws concerning groundwater, see § 37-90-110; for duty of state engineer to appoint water division engineers, see § 37-92-202.
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) › GENERAL AND ADMINISTRATIVE (§§ 37-80-101 — 37-80-124) › Article 80 - STATE ENGINEER (§§ 37-80-101 — 37-80-124) › Section 37-80-104 - Compact requirements - state engineer's duties

The state engineer shall make and enforce such regulations with respect to deliveries of water as will enable the state of Colorado to meet its compact commitments. In those cases where the compact is deficient in establishing standards for administration within Colorado to provide for meeting its terms, the state engineer shall make such regulations as will be legal and equitable to regulate distribution among the appropriators within Colorado obligated to curtail diversions to meet compact commitments, so as to restore lawful use conditions as they were before the effective date of the compact insofar as possible.
L. 69: p. 1195, § 5. C.R.S. 1963: § 148-11-24.
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) › GENERAL AND ADMINISTRATIVE (§§ 37-80-101 — 37-80-124) › Article 80 - STATE ENGINEER (§§ 37-80-101 — 37-80-124) › Section 37-80-105 - Supervision over division engineers

(1)
The state engineer shall:
(a)
Supervise the work of the division engineers;
(b)
Furnish division engineers with all the data and information necessary for the proper and intelligent discharge of the duties of their offices;
(c)
Require division engineers to report their official actions to him or her at suitable times; and
(d)
Require division engineers to submit annual reports of the amount of water diverted from the public streams in their respective divisions and any other statistics that, in the judgment of the state engineer, will benefit the state.
Amended by 2017 Ch. 47,§ 3, eff. 8/9/2017.
L. 1889: p. 373, § 4. R.S. 08: § 3324. C.L. § 1807. CSA: C. 90, § 206. CRS 53: § 147-11-5. C.R.S. 1963: § 148-11-5. L. 69: p. 1222, § 15. L. 2017: Entire section amended, (SB 17-026), ch. 47, p. 141, § 3, effective August 9.
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) › GENERAL AND ADMINISTRATIVE (§§ 37-80-101 — 37-80-124) › Article 80 - STATE ENGINEER (§§ 37-80-101 — 37-80-124) › Section 37-80-106 - Appointment of deputies

(1)
The state engineer may appoint one or more deputies to assist in the discharge of the duties of the state engineer's office. The state engineer may deputize any person to perform a particular service, and the state engineer may revoke such appointments when, in his or her judgment, there is no further need for the services of anyone appointed or deputized. The appointments and revocations of appointments must be in writing over the signature and official seal of the state engineer, and the original of each appointment or revocation shall be maintained in the state engineer's office.
(2)
In addition to the deputies provided for in this section, the state engineer may employ, pursuant to section 13 of article XII of the state constitution, assistants as the state engineer deems necessary.
Amended by 2017 Ch. 47,§ 4, eff. 8/9/2017.
L. 1889: p. 373, § 7. R.S. 08: § 3327. C.L. § 1810. L. 35: p. 1058, § 1. CSA: C. 90, § 209. CRS 53: § 147-11-9. C.R.S. 1963: § 148-11-9. L. 2017: Entire section amended, (SB 17-026), ch. 47, p. 141, § 4, effective August 9.
For the state personnel system, see § 13 of art. XII, Colo. Const., and article 50 of title 24.
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) › GENERAL AND ADMINISTRATIVE (§§ 37-80-101 — 37-80-124) › Article 80 - STATE ENGINEER (§§ 37-80-101 — 37-80-124) › Section 37-80-107 - Employment of engineers or geologists

The state engineer may employ one or more consulting engineers, geologists, or other specialists to advise the state engineer or any division engineer concerning any diversion or proposed diversion of the waters of the state including the sufficiency of any reservoirs or other structures involved in the diversion.
Amended by 2017 Ch. 47,§ 5, eff. 8/9/2017.
L. 35: p. 1060, § 1. CSA: C. 90, § 212. CRS 53: § 147-11-11. C.R.S. 1963: § 148-11-11. L. 69: p. 1222, § 16. L. 2017: Entire section amended, (SB 17-026), ch. 47, p. 141, § 5, effective August 9.
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) › GENERAL AND ADMINISTRATIVE (§§ 37-80-101 — 37-80-124) › Article 80 - STATE ENGINEER (§§ 37-80-101 — 37-80-124) › Section 37-80-108 - Appoint deputy for special work

The state engineer, on request of any party interested and on payment of his or her per diem charges and reasonable expenses, may appoint a deputy to measure, compute, and ascertain all necessary data of any canal, dam, reservoir, or other construction, as required or as may be desired to establish court decrees, or for filing statements in compliance with law in the county clerk and recorder's records.
Amended by 2017 Ch. 47,§ 6, eff. 8/9/2017.
L. 1889: p. 373, § 5. R.S. 08: § 3326. C.L. § 1809. CSA: C. 90, § 208. CRS 53: § 147-11-8. C.R.S. 1963: § 148-11-8. L. 2017: Entire section amended, (SB 17-026), ch. 47, p. 142, § 6, effective August 9.
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) › GENERAL AND ADMINISTRATIVE (§§ 37-80-101 — 37-80-124) › Article 80 - STATE ENGINEER (§§ 37-80-101 — 37-80-124) › Section 37-80-109 - State engineer's authority to contract for services

(1)
The state engineer shall secure the limited or temporary services of persons necessary to carry out the duties or functions of the division of water resources in cases where it would be infeasible or impractical for regular state employees to perform the duties or functions, especially in the following instances:
(a)
In which work is of such a nature as to require special training or aptitudes and is of such limited application that the full-time regular employment normally expected of state employees would be unduly expensive;
(b)
In nonrecurring situations of limited duration in which the situation can be concluded within a reasonable time by special assistants but could not be concluded without such assistance;
(c)
To meet emergencies that reasonable foresight could not have anticipated; and
(d)
To furnish services that the state engineer may require of persons who deal with the state engineer's office and who will fully reimburse the state engineer for the services.
(2)
Whenever there are more hearings or determinations before the state engineer and the division engineers than can be acted upon promptly, the state engineer shall employ and maintain adequate personnel to assist the state engineer and the division engineers in arriving at required determinations. Regular employees may provide such assistance or, in cases falling within the purview of subsection (1) of this section, temporary employees on a contract basis may provide such assistance.
(3)
In the same manner provided for in subsection (2) of this section, the state engineer may employ and maintain personnel to adequately staff any water conservation project provided for by law.
(4)
The state engineer shall employ and maintain appropriate personnel for keeping records and making investigations respecting the performance of the functions of the state engineer's office and shall provide similar personnel in the office of each division engineer to function under the general direction of the office.
Amended by 2017 Ch. 47,§ 7, eff. 8/9/2017.
L. 69: p. 1195, § 4. C.R.S. 1963: § 148-11-23. L. 2017: Entire section amended, (SB 17-026), ch. 47, p. 142, § 7, effective August 9.
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) › GENERAL AND ADMINISTRATIVE (§§ 37-80-101 — 37-80-124) › Article 80 - STATE ENGINEER (§§ 37-80-101 — 37-80-124) › Section 37-80-110 - Fees collected by state engineer

(1)
The state engineer shall collect fees for work done in his or her office as follows:
(a) to (d)
Repealed.
(e)
With respect to a proposed project for a dam, for the examination and filing of each set of plans and specifications required by law to be filed in the office of the state engineer, six dollars for each one thousand dollars or fraction thereof of the estimated cost of a proposed project; but the total amount of fees for examination and filing of each set of plans and specifications must not be less than one hundred dollars nor more than thirty thousand dollars;
(f) to (h)
Repealed.
(i)
For rating any pipe, ditch, canal, or reservoir inlet or outlet, at the request of the owner or of any agent or employee having control of the pipe, ditch, canal, or reservoir inlet or outlet, seventy-five dollars.
(2)
Repealed.
Amended by 2017 Ch. 47, § 8, eff. 8/9/2017.
Amended by 2015 Ch. 305, § 1, eff. 9/1/2016.
L. 03: p. 294, § 1. R.S. 08: § 3332. L. 11: p. 607, § 1. L. 19: p. 657, § 1. C.L. § 1815. L. 25: p. 479, § 1. L. 35: p. 1062, § 1. CSA: C. 90, § 216. CRS 53: § 147-11-15. L. 57: p. 861, § 1. C.R.S. 1963: § 148-11-15. L. 90: (1)(e) amended, p. 1616, § 2, effective July 1. L. 2015: IP(1) and (1)(e) amended, (HB 15-1247), ch. 305, p. 1252, § 1, effective 9/1/2016. L. 2017: (1)(a) to (1)(d), (1)(f), (1)(g), (1)(h), and (2) repealed and (1)(i) amended, (SB 17-026), ch. 47, p. 143, § 8, effective August 9.
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) › GENERAL AND ADMINISTRATIVE (§§ 37-80-101 — 37-80-124) › Article 80 - STATE ENGINEER (§§ 37-80-101 — 37-80-124) › Section 37-80-111 - Fees deposited with department of the treasury

At the end of each month, the sum of the fees collected during the month, as provided in section
37-80-110
, shall be transmitted to the department of the treasury with a complete statement showing the amounts thus received and the sources from which they are derived, and the said amounts shall be credited to the general fund.
L. 03: p. 295, § 2. R.S. 08: § 3333. C.L. § 1816. CSA: C. 90, § 217. CRS 53: § 147-11-16. C.R.S. 1963: § 148-11-16. L. 69: pp. 1196, 1223, §§ 7, 17. L. 85: Entire section amended, p. 1155, § 1, 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) › GENERAL AND ADMINISTRATIVE (§§ 37-80-101 — 37-80-124) › Article 80 - STATE ENGINEER (§§ 37-80-101 — 37-80-124) › Section 37-80-111.5 - Fees - rules - satellite monitoring system cash fund - well inspection cash fund - created

(1)
(a) and (b)
Repealed.
(c)
The state engineer shall set and collect fees by rule for the use of the equipment and programs of the satellite and telemetry-based monitoring systems authorized under section
37-80-102(10)
. All such fees collected by the state engineer and any other money received from whatever source for the satellite and telemetry-based monitoring systems shall be transmitted to the satellite monitoring system cash fund, which fund is hereby created. The state engineer may expend money in the satellite monitoring system cash fund for the purposes of section
37-80-102(10)
and this subsection (1)(c), subject to appropriation by the general assembly.
(d)
Of each fee collected pursuant to sections
37-90-105(3)(a)(I) and (4)(a)
,
37-90-107(7)(d)(I)
,
37-90-116(1)(a), (1)(c), and (1)(h)
,
37-90-137(2)(a)
, and
37-92-602(3)(a) and (5)
, forty dollars shall be credited to the well inspection cash fund, which fund is hereby created. Moneys in the well inspection cash fund shall be appropriated to and expended by the state engineer for the purposes established in section
37-91-113
. Any moneys credited to the well inspection cash fund and unexpended at the end of any given fiscal year remain in the fund and do not revert to the general fund. All interest derived from the deposit and investment of this fund remain in the fund and do not revert to the general fund.
(2)
Repealed.
(3)
Nothing in this section requires the purchase of any publication referred to in this section.
(4)
Repealed.
Amended by 2017 Ch. 47,§ 9, eff. 8/9/2017.
L. 85: Entire section added, p. 1155, § 2, effective July 1. L. 87: (1)(d) added and (2) amended, pp. 1300, 1301, §§1, 2, effective July 1. L. 89: (4) repealed, p. 1419, § 1, effective April 20. L. 93: (1)(c) amended, p. 4, § 3, effective February 16. L. 98: (1)(d) amended, p. 1211, § 1, effective August 5. L. 2002: (1)(d) amended, p. 463, § 2, effective May 23. L. 2003: (1)(d) amended, p. 42, § 2, effective (see editor's note); (1)(d) amended, p. 1682, § 13, effective May 14. L. 2006: (1)(d) amended, p. 1002, § 5, effective May 25. L. 2009: (1)(d) amended, (SB 09-080), ch. 179, p. 788, §1, effective July 1. L. 2012: (1)(a), (1)(b), and (2) repealed and (1)(d) amended, (SB 12-009), ch. 197, p. 790, § 2, effective July 1. L. 2017: (1)(c) and (3) amended, (SB 17-026), ch. 47, p. 144, § 9, effective August 9.
Section 10 of chapter 7, Session Laws of Colorado 2003, provides for an effective date of March 1, 2003; however, the Governor did not sign the act until March 5, 2003.
For the legislative declaration contained in the 2003 act amending subsection (1)(d), see section 1 of chapter 7, Session Laws of Colorado 2003.
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) › GENERAL AND ADMINISTRATIVE (§§ 37-80-101 — 37-80-124) › Article 80 - STATE ENGINEER (§§ 37-80-101 — 37-80-124) › Section 37-80-112 - Report of state engineer

The state engineer shall report to the executive director of the department of natural resources at such times and on such matters concerning the state engineer's office and the division of water resources as the executive director may require.
Amended by 2017 Ch. 47,§ 10, eff. 8/9/2017.
L. 1889: p. 374, § 11. R.S. 08: § 3331. C.L. § 1814. CSA: C. 90, § 215. CRS 53: § 147-11-14. C.R.S. 1963: § 148-11-14. L. 64: p. 178, § 157. L. 2017: Entire section amended, (SB 17-026), ch. 47, p. 144, § 10, effective August 9.
For publication of reports and statistics concerning water development and supply, see § 37-60-117.
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) › GENERAL AND ADMINISTRATIVE (§§ 37-80-101 — 37-80-124) › Article 80 - STATE ENGINEER (§§ 37-80-101 — 37-80-124) › Section 37-80-113 - State engineer - qualifications - salary - conflict of interest

(1)
The state personnel director shall require that the state engineer is a person qualified to be a registered engineer in Colorado having the background of knowledge and experience in areas essential to the proper discharge of his duties and functions.
(2)
The salary of the state engineer shall be fixed, within the authority granted by section 13 of article XII of the state constitution at a grade requiring compensation adequate to attract and hold in regular employment a person qualified to carry out the functions, duties, and responsibilities of the office, and shall be paid out of general funds of the state as the salaries of the executive officers of the state are paid.
(3)
If the state engineer has any personal interest in any matter coming before his office for decision, he shall immediately notify the governor in writing, delineating that interest, and the governor has authority to designate some appropriate person to carry out the functions of the state engineer regarding such matters and to cause such person to be paid a reasonable amount for his services. Personal interest does not mean those matters which members of the public generally may have with respect to any given subject.
L. 27: p. 648, § 1. CSA: C. 90, § 202. CRS 53: § 147-11-2. C.R.S. 1963: § 148-11-2. L. 69: p. 1192, § 1.
For the state personnel system, see § 13 of art. XII, Colo. Const., and article 50 of title 24; for compensation of state engineer for county boundary surveys, see § 30-6-111.
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) › GENERAL AND ADMINISTRATIVE (§§ 37-80-101 — 37-80-124) › Article 80 - STATE ENGINEER (§§ 37-80-101 — 37-80-124) › Section 37-80-114 - Deputy state engineer - powers

(1)
The state engineer shall appoint a deputy state engineer, subject to section 13 of article XII of the state constitution, whose duties are to assist the state engineer in the administration of the state engineer's office. The deputy state engineer has the power to act for the state engineer in all of the state engineer's official duties, including the administration of interstate river compacts, when the state engineer is out of the office or when the state engineer so directs the deputy state engineer.
(2)
The salary of the deputy state engineer shall be paid as the salaries of the officers of the executive department of the state are paid. The deputy state engineer shall also receive reimbursement for the actual necessary expenses incurred in the performance of his or her official duties, as the state engineer shall allot from funds appropriated for that purpose. The controller is authorized to pay warrants for the deputy state engineer's salary and expenses upon vouchers approved by the state engineer.
(3)
(Deleted by amendment, L. 2017.)
Amended by 2017 Ch. 47,§ 11, eff. 8/9/2017.
L. 43: p. 374, §§ 1-3. CSA: C. 90, § 207(1). CRS 53: § 147-11-7. C.R.S. 1963: § 148-11-7. L. 2017: Entire section amended, (SB 17-026), ch. 47, p. 144, § 11, effective August 9.
For the state personnel system, see § 13 of art. XII, Colo. Const., and article 50 of title 24.
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) › GENERAL AND ADMINISTRATIVE (§§ 37-80-101 — 37-80-124) › Article 80 - STATE ENGINEER (§§ 37-80-101 — 37-80-124) › Section 37-80-115 - Performance of personnel - duties

(1)
The state engineer shall furnish such directions and require such performance with respect to the work of those under his jurisdiction as will insure continuous, efficient, and effective discharge of the functions of the division of water resources.
(2)
It is the duty of the state engineer to call to the attention of the state personnel director any conduct or failure of conduct of any employee in the division of water resources which would merit discharge or discipline beyond the authority of the state engineer, and, if necessary, he shall file formal charges with respect to such matters.
(3)
Default in performance of his duties by the state engineer may be made the subject of charges by the executive director of the department of natural resources or the governor.
(4)
Effective administration being essential to good government, it is the duty of the state personnel board to promptly hear, determine, and take action necessary to make effective the provisions of this section whenever the occasion may rise, and such board may, of its own motion, undertake whatever action may be necessary to insure efficient and honorable conduct on the part of employees within the division of water resources.
L. 69: R&RE, p. 1194, § 3. C.R.S. 1963: § 148-11-4.
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) › GENERAL AND ADMINISTRATIVE (§§ 37-80-101 — 37-80-124) › Article 80 - STATE ENGINEER (§§ 37-80-101 — 37-80-124) › Section 37-80-116 - Legal services authorized

(1)
(a)
The attorney general shall assign an assistant from his or her office to act as an advisor to the state engineer and to the various employees of the state who are subject to the administrative authority of the state engineer. The state engineer shall use the services of the assistant to whatever extent the performance of his or her duties can be facilitated by legal consultation.
(b)
To whatever extent additional legal services are required, they must be procured at the request of the state engineer, but the cost of their services must be paid for out of funds budgeted to the state engineer for professional services, and in preparing budgets the state engineer shall anticipate his or her probable requirements for such additional assistants. All such assistants are selected by and serve at the pleasure of the attorney general and may include attorneys employed for special areas of the state or for the performance of specific duties on a fee rather than salary basis.
(2)
The state engineer and the various division engineers may call on the assistant attorney general assigned to the state engineer, or any additional assistants who may be employed, to furnish services customarily furnished by lawyers.
Amended by 2016 Ch. 94,§ 21, eff. 8/10/2016.
L. 69: R&RE, p. 1196, § 6. C.R.S. 1963: § 148-11-13. L. 2016: (1) amended, (HB 16-1094), ch. 94, p. 269, § 21, effective August 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) › GENERAL AND ADMINISTRATIVE (§§ 37-80-101 — 37-80-124) › Article 80 - STATE ENGINEER (§§ 37-80-101 — 37-80-124) › Section 37-80-117 - Regulation of water for measurements

Whenever it is necessary for any duly authorized hydrographer from the office of the state engineer, or any hydrographer duly authorized by the state engineer or division engineer or water commissioner, or for any water official to make a rating of any weir or flume or measuring section of any canal, the owners, superintendent, or persons having charge and control of the diversion of water into said canal shall increase and decrease the flow of water into said canal as may be ordered and required by the person making such measurements in order that accurate ratings may be taken of the water flowing in said canal at different depths and gauge heights. Any person refusing so to regulate the flow of water into said canal for such purpose is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars for the first offense and not more than five hundred dollars for the second and succeeding offenses.
L. 21: p. 481, § 5. C.L. § 1822. CSA: C. 90, § 223. CRS 53: § 147-11-21. C.R.S. 1963: § 148-11-21.
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) › GENERAL AND ADMINISTRATIVE (§§ 37-80-101 — 37-80-124) › Article 80 - STATE ENGINEER (§§ 37-80-101 — 37-80-124) › Section 37-80-118 - False reports of gauge heights

Any headgate keeper, owner, employee, or other person having charge of any automatic self-registering device installed and operated pursuant to order of the state engineer or a division engineer or compiling gauge height records pursuant to order of the state engineer or division engineer, or any gauge height observer at any river station in this state, installed, maintained, and operated for the purpose of recording the amount of water flowing in said stream, or any reservoir keeper having charge of the keeping of gauge height records on weirs on intakes or outlets of reservoirs who makes false or fictitious reports of gauge heights or who alters, changes, or falsifies any gauge height record or report or who alters or modifies the record made by any automatic self-registering device is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars for each violation of the provisions of this section.
L. 21: p. 480, § 3. C.L. § 1820. CSA: C. 90, § 221. CRS 53: § 147-11-19. C.R.S. 1963: § 148-11-19. L. 69: p. 1223, § 18.
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) › GENERAL AND ADMINISTRATIVE (§§ 37-80-101 — 37-80-124) › Article 80 - STATE ENGINEER (§§ 37-80-101 — 37-80-124) › Section 37-80-119 - Interference with recording instruments

It is unlawful for any person who does not have charge of any weir, headgate, automatic self-registering device, or other measuring recording device or any canal or reservoir intake or outlet, who does not have authority to install, repair, maintain, or operate any such device or to inspect the same from the owners thereof or from the water officials of the state of Colorado, or who represents any other canal diverting water from the same stream to interfere with or seek to examine or regulate any such instrument or device or structure. Any person who willfully injures or destroys any automatic self-registering device, gauge, or other instrument installed upon any canal or weir for the measuring and recording of the water depths upon such weir, who tampers with or falsifies any record made or being made by any such instrument or device, or who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars for the first offense and not more than one thousand dollars for the second and succeeding offenses.
L. 21: p. 480, § 4. C.L. § 1821. CSA: C. 90, § 222. CRS 53: § 147-11-20. C.R.S. 1963: § 148-11-20.
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) › GENERAL AND ADMINISTRATIVE (§§ 37-80-101 — 37-80-124) › Article 80 - STATE ENGINEER (§§ 37-80-101 — 37-80-124) › Section 37-80-121 - [Repealed]

L. 2003: Entire section added, p. 1509, § 1, effective May 1. L. 2004: (1), (2), (3), (5), and (6) repealed, p. 361, § 2, effective April 7; (4) repealed, p. 361, § 1, 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) › GENERAL AND ADMINISTRATIVE (§§ 37-80-101 — 37-80-124) › Article 80 - STATE ENGINEER (§§ 37-80-101 — 37-80-124) › Section 37-80-123 - Lease, loan, or trade of agricultural water protection water right - rules - definition

(1)
(a)
As soon as practicable, the state engineer shall initiate the promulgation of rules governing the review of a substitute water supply plan pursuant to section
37-92-308(12)
. In promulgating the rules, the state engineer shall follow the state engineer's own rule-making procedures.
(b)
The rules must include:
(I)
Terms and conditions that the state engineer may impose through an approved substitute water supply plan pursuant to section
37-92-308(12)
;
(II)
Criteria that the state engineer should consider in reviewing a substitute water supply plan application filed pursuant to section
37-92-308(12)
;
(III)
Criteria to ensure that substitute water supply plans approved pursuant to section
37-92-308(12)
do not facilitate the diversion of water between water divisions by direct diversion, exchange, replacement, or other means;
(IV)
Procedures by which the state engineer may reconsider a decision; and
(V)
Procedures for creating a database that tracks and inventories substitute water supply plans approved under section
37-92-308(12)
and for making the following information from the database accessible to the public:
(A)
The amount of water subject to each approved plan;
(B)
The location of use of water under each approved plan; and
(C)
The decreed beneficial use of water leased, loaned, or traded in connection with each approved plan.
(c)
The water judge for water division 1 shall review the rules promulgated under this section in accordance with the procedures set forth in section
37-92-501(2)(g), (3)(a), and (3)(b)
.
(2)
As used in this section, "agricultural water protection water right" has the same meaning as in section
37-92-305(19)(a)
.
Added by 2016 Ch. 175,§ 2, eff. 8/10/2016.
L. 2016: Entire section added, (HB 16-1228), ch. 175, p. 599, § 2, effective August 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) › WATER RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 80.5 - ARKANSAS RIVER WATER BANK PILOT PROGRAM (§§ 37-80.5-101 — 37-80.5-107) › Section 37-80.5-101 - Short title

This article shall be known and may be cited as the "Arkansas River Pilot Water Banking Act".
L. 2001: Entire article added, p. 1060, § 1, effective June 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 RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 80.5 - ARKANSAS RIVER WATER BANK PILOT PROGRAM (§§ 37-80.5-101 — 37-80.5-107) › Section 37-80.5-102 - Legislative declaration

The general assembly hereby finds, determines, and declares that the purpose of this article is to authorize the creation of water banks within each water division to be operated under strict parameters established by rules approved by the water court. Accordingly, this article provides for the promulgation of rules concerning water banks and requires the water court to approve the rules and the state engineer to report to the general assembly regarding the operation of the banks. The water bank program created by this article is intended to simplify and improve the approval of water leases, loans, and exchanges, including interruptible supply agreements, of stored water within each river basin, reduce the costs associated with such transactions, and increase the availability of water-related information. It is also the purpose of the water banks to assist farmers and ranchers by developing a mechanism to realize the value of their water rights assets without forcing the permanent severance of those water rights from the land. The general assembly affirms the state constitution's recognition of water rights as a private usufructuary property right, and this article is not intended to restrict the ability of the holder of a water right to sell, lease, or exchange that water right in any other manner that is currently permitted under Colorado law. Further, this article is not intended to be implemented in any way that would cause material injury to the owner of or persons entitled to use water under a vested water right or a decreed conditional water right, nor to repeal or in any manner amend the existing water rights adjudication system except as may be specifically set forth in this article.
L. 2001: Entire article added, p. 1060, § 1, effective June 5. L. 2003: Entire section amended, p. 2391, § 1, effective June 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 RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 80.5 - ARKANSAS RIVER WATER BANK PILOT PROGRAM (§§ 37-80.5-101 — 37-80.5-107) › Section 37-80.5-103 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Bank" means a water bank operated pursuant to rules promulgated under this article.
(2)
"Program" means a water bank program created in this article.
L. 2001: Entire article added, p. 1061, § 1, effective June 5. L. 2003: Entire section amended, p. 2392, § 2, effective June 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 RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 80.5 - ARKANSAS RIVER WATER BANK PILOT PROGRAM (§§ 37-80.5-101 — 37-80.5-107) › Section 37-80.5-104 - [Repealed]

L. 2001: Entire article added, p. 1061, § 1, effective June 5. L. 2003: (4) added, p. 2392, § 3, effective June 5.
(1) Subsection (4) provided for the repeal of this section, effective when the period to file an appeal regarding promulgation of the rules under §
37-80.5-104.5
has expired or, if such an appeal is filed, when the litigation concerning such appeal has been fully resolved. The revisor of statutes was notified November 1, 2010, that the appeal period regarding the promulgation of the rules has expired and no appeal has been filed.
(2) For additional information pertaining to the repeal of this section and the affect on the Arkansas river basin, see §
37-80.5-104.5(4)
.
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 RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 80.5 - ARKANSAS RIVER WATER BANK PILOT PROGRAM (§§ 37-80.5-101 — 37-80.5-107) › Section 37-80.5-105 - Review of rules

Judicial review of all rules promulgated pursuant to this article shall be in accordance with the "State Administrative Procedure Act", article
4
of title
24
, C.R.S.; except that venue for such review shall lie exclusively with the appropriate water judge for each water division.
L. 2001: Entire article added, p. 1063, § 1, effective June 5. L. 2003: Entire section amended, p. 2394, § 5, effective June 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 RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 80.5 - ARKANSAS RIVER WATER BANK PILOT PROGRAM (§§ 37-80.5-101 — 37-80.5-107) › Section 37-80.5-106 - Report

(1)
The state engineer shall submit a report to the general assembly and the governor on or before November 1, 2005, regarding:
(a)
The effectiveness of the program;
(b)
Existing statutory, regulatory, or contractual constraints on the successful use of water banking within Colorado;
(c)
Institutional constraints upon the successful use of water banking within Colorado;
(d)
Interstate compact constraints upon the successful use of water banking within Colorado;
(e)
Social or economic constraints upon the successful use of water banking within Colorado; and
(f)
Any recommended limitations upon the use of water banks within Colorado, with specific reference to the time, place, or type of use of waters made available under such recommended limitations and the length of agreements implementing the same.
L. 2001: Entire article added, p. 1063, § 1, effective June 5. L. 2003: (1)(a) amended, p. 2394, § 6, effective June 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 RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 80.5 - ARKANSAS RIVER WATER BANK PILOT PROGRAM (§§ 37-80.5-101 — 37-80.5-107) › Section 37-80.5-107 - [Repealed]

L. 2001: Entire article added, p. 1063, § 1, effective June 5. L. 2007: Entire section repealed, p. 422, § 1, effective April 9.
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 RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 81 - DIVERSION OF WATERS FROM STATE (§§ 37-81-101 — 37-81-104) › Section 37-81-102 - Officials charged with enforcement

It is the duty of the state engineer, the division engineers, and the water commissioners of this state to see that the waters of the state are available for the use and benefit of the citizens and inhabitants of the state for its growth, prosperity, and general welfare, and it is the further duty of said officials to prevent the waters thereof from being diverted, carried, conveyed, or transported by ditches, canals, pipes, conduits, natural streams, watercourses, or other means into other states for use therein unless there is specific authorization therefor, as provided in section
37-81-101
. Upon its being brought to the knowledge of the state engineer of Colorado that any person, corporation, or association is unlawfully carrying or transporting any of such waters into any other state for use therein, or is intending so to do, it is his duty to immediately call the matter to the attention of the attorney general, in behalf of and in the name of the state, who shall apply to any district court or to the supreme court of the state of Colorado for such restraining orders or injunctions, both preliminary and final, as may be necessary to enforce the provisions of this section and section
37-81-101
, and jurisdiction is conferred upon said courts for such purposes.
L. 17: p. 539, § 2. C.L. § 1619. CSA: C. 90, § 2. CRS 53: § 147-1-2. C.R.S. 1963: § 148-1-2. L. 79: Entire section amended, p. 1365, § 2, effective May 31. L. 83: Entire section amended, p. 1411, § 2, effective June 3.
For the appointments and functions of water division engineers, see § 37-92-202.
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 RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 81 - DIVERSION OF WATERS FROM STATE (§§ 37-81-101 — 37-81-104) › Section 37-81-103 - Effect of apportionment credits upon diversions of water from state

(1)
For the purpose of evaluating applications made pursuant to section
37-81-101
, no water occurring in any aquifer or being a part of or hydraulically connected to any interstate stream system may be diverted or appropriated in Colorado for a use which contemplates or involves the transportation of such water into or through another state or states through which such interstate stream system flows, for use of such diverted water in such other state or states whether as a vehicle or medium for the transportation of another substance, or for any other use, unless the amount of water so diverted or appropriated and transported through or into such other state or states is credited as a delivery to such other state or states by Colorado, of water to which such other state or states may be or claim to be entitled from such interstate source under an existing interstate compact or otherwise. Water mixed with other substances in the process of forming a slurry for the purpose of transporting any substance as a suspended solid shall not be deemed to have lost its character as water.
(2)
The burden shall be upon the claimant or other person seeking to divert or appropriate water or seeking a water right based upon a claimed diversion or appropriation coming within the provisions of subsection (1) of this section to prove that a means exists and is accepted by each state, including Colorado, through which said stream system and said diverted water flows or will flow by which the credit required in this section will be entered and recognized by each such state.
(3)
This article shall not be applicable to water contained in agricultural crops, animal and dairy products, beverages, or processed or manufactured products or to products transported in cans, bottles, packages, kegs, or barrels.
L. 77: Entire section added, p. 1694, § 1, effective July 15. L. 83: Entire section R&RE, p. 1412, § 3, effective June 3.