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 82 - APPROPRIATION AND USE OF WATER (§§ 37-82-101 — 37-82-107) › Section 37-82-107 - Fire suppression ponds - legislative declaration - needs assessment - notice of consideration required - restriction on draining of ponds - rules - no water right created

(1)
The general assembly hereby declares that:
(a)
Fire suppression ponds are essential for the protection of public safety and welfare; and
(b)
Based on this declaration, the state engineer is authorized to review applications and designate ponds as fire suppression ponds in accordance with this section.
(2)
A board of county commissioners, in consultation with its fire protection district or fire authority, may apply to the state engineer pursuant to section
37-80-124
for the designation of a pond within the borders of the county as a fire suppression pond.
(3)
(a)
Before applying for the designation of a pond as a fire suppression pond, a board of county commissioners, in consultation with its fire protection district or fire authority, shall:
(I)
Identify ponds in locations where the outbreak of a fire could result in a major wildfire disaster;
(II)
Perform a needs assessment of each such pond, which needs assessment shall be completed within one year after the board provides the notice described in subsection (3)(a)(III) of this section; and
(III)
For each pond that is identified and under consideration as a potential fire suppression pond, provide notice of such fact to the state engineer, which notice must indicate the location and approximate surface area of the pond.
(b)
In performing a needs assessment pursuant to subsection (3)(a)(II) of this section, a board of county commissioners, in consultation with its fire protection district or fire authority, shall:
(I)
Identify the refill mechanism of the pond, whether by:
(A)
Groundwater;
(B)
Diversion on the stream channel;
(C)
Diversion off the stream channel; or
(D)
Well; and
(II)
Apply the criteria established pursuant to rules promulgated by the director of the division of fire prevention and control pursuant to subsection (5) of this section.
(c)
If a pond that is under consideration for designation as a fire suppression pond is located in whole or in part upon private property, a board of county commissioners shall acquire the voluntary written approval of each owner of private property that abuts the pond before the board applies to the state engineer for the designation of the pond as a fire suppression pond.
(d)
If a board of county commissioners has notified the state engineer pursuant to subsection (3)(a)(III) of this section that a pond is under consideration as a fire suppression pond, the board shall notify the state engineer promptly if and when the pond is no longer under such consideration.
(4)
Unless otherwise required by law or as needed to address dam safety concerns, the state engineer shall not order any pond to be drained or backfilled or proceed with any existing order to drain or backfill a pond:
(a)
If the state engineer has received notice pursuant to subsection (3)(a)(III) of this section that the pond is under consideration by a board of county commissioners for designation as a fire suppression pond, during the pendency of that consideration; or
(b)
If the state engineer has designated the pond as a fire suppression pond pursuant to section
37-80-124
and the pond is operating in accordance with the designation.
(c)
Repealed.
(5)
(a)
On or before May 1, 2023, the director of the division of fire prevention and control in the department of public safety, pursuant to the director's authority under section
24-33.5-1203.5
, shall promulgate rules establishing criteria for boards of county commissioners, in consultation with fire protection districts or fire authorities, to use to identify and evaluate potential fire suppression ponds, as described in subsection (3) of this section. At a minimum, the criteria must require that a fire suppression pond:
(I)
Be readily accessible by a fire protection district, fire authority, fire department, or other firefighting entity;
(II)
Be located in the wildland-urban interface or another location that faces an elevated threat of fire risk; and
(III)
Be located in an area without timely or adequate access to fire hydrants or other water supplies and where the pond provides a needed supply.
(b)
Before promulgating the rules described in subsection (5)(a) of this section, the director of the division of fire prevention and control shall solicit and consider input from:
(I)
The state engineer;
(II)
Local governments, including counties;
(III)
Water providers;
(IV)
Fire protection districts, fire authorities, and other firefighting entities; and
(V)
Basin roundtables.
(6)
Notwithstanding any provision of law to the contrary, a fire suppression pond and the water associated with it:
(a)
Are not considered a water right, as defined in section
37-92-103 (12)
;
(b)
Do not have a priority, as defined in section
37-92-103 (10)
; and
(c)
May not be adjudicated pursuant to section
37-92-302
.
(7)
The division of fire prevention and control in the department of public safety, subject to available appropriations, may provide financial support to a board of county commissioners to facilitate the board's acquisition of augmentation water for ponds that satisfy the criteria established by rules promulgated pursuant to subsection (5) of this section but are not designated as fire suppression ponds.
Added by 2022 Ch. 464, § 2, eff. 8/10/2022.
2022 Ch. 464, was passed without a safety clause. See Colo. Const. art. V, § 1(3).