Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 22-0535.01 Richard Sweetman x4333
SENATE BILL 22-114
Senate Committees House Committees
Agriculture & Natural Resources
Appropriations
A BILL FOR AN ACT
C
ONCERNING FIRE SUPPRESSION PONDS , AND, IN CONNECTION
101
THEREWITH, MAKING AN APPROPRIATIONS .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Section 1 of the bill makes legislative findings and declarations.
Section 2 allows a board of county commissioners (board) to apply to the
state engineer for the designation of a pond as a fire suppression pond.
The director of the division of fire prevention and control (director) in the
department of public safety is required to promulgate rules to establish
criteria for boards, in consultation with fire protection districts, to use to
SENATE
Amended 2nd Reading
March 30, 2022
SENATE SPONSORSHIP
Hisey and Story,
HOUSE SPONSORSHIP
Roberts and Catlin, McCluskie, Pico
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. identify and evaluate potential fire suppression ponds. For each pond that
is identified and under consideration as a potential fire suppression pond,
a board must provide notice of such fact to the state engineer and to
interested parties included in the substitute water supply plan notification
list established for the water division in which the pond is located.
Section 2 also prohibits the state engineer from draining any pond:
! While the pond is under consideration for designation as a
fire suppression pond;
! If the state engineer has designated the pond as a fire
suppression pond; or
! On and after the effective date of the bill, and until the date
upon which the director promulgates rules, with
exceptions.
Section 2 also states that a fire suppression pond and the water
associated with it:
! Are not considered a water right;
! Do not have a priority for the purpose of determining water
rights; and
! May not be adjudicated as a water right.
Section 3 requires the state engineer to review applications
received from boards and, at the state engineer's discretion, designate
ponds as fire suppression ponds. An application is presumed to be
approved if the state engineer does not respond to the application within
63 days after the application is received by the state engineer. The state
engineer may not designate any pond as a fire suppression pond unless the
pond existed as of January 1, 1975.
Section 3 also allows the state engineer to impose reasonable
requirements on a board as a condition of designating a pond as a fire
suppression pond and requires a board and a fire protection district to
inspect a fire suppression pond at least annually.
The designation of a pond as a fire suppression pond expires 20
years after the date of the designation. Before the expiration, the board
and the fire protection district must perform a needs assessment of the
pond. If the needs assessment demonstrates that the pond is in compliance
with criteria established in the director's rules, the board and fire
protection district shall notify the state engineer of such fact, and the state
engineer shall redesignate the pond as a fire suppression pond. If the
needs assessment demonstrates that the pond is not in compliance with
the criteria, the board and fire protection district may either:
! Notify the state engineer that the designation of the pond as
a fire suppression pond should be rescinded or allowed to
expire; or
! Provide to the state engineer a plan and a timeline for
bringing the pond back into compliance with such criteria.
Section 4 states that the designation of fire suppression ponds by
114
-2- the state engineer does not cause material injury to vested water rights.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds that:3
(a) Colorado is facing a wildfire crisis;4
(b) In 2020, Colorado experienced three of the largest wildfires5
in its history, and in 2021, the Marshall fire broke yet another record,6
becoming the most destructive fire in Colorado history by burning more7
than one thousand homes worth five hundred million dollars in total;8
(c) These four recent and catastrophic wildfires burned more than9
six hundred thousand acres, causing significant devastation and property10
loss;11
(d) The Colorado state forest service and the front range12
watershed wildfire protection working group have found that13
high-severity fires can significantly impact water quality and watershed14
conditions;15
(e) Recent fires have tended to be much larger and more severe16
than those in the past, and as such, have severely damaged soils and17
watersheds, leading to heavy erosion and sediment damage in streams;18
and19
(f) Functional watersheds are vital for water quality and healthy20
ecosystems and to protect water resources from post-fire flood damage.21
(2) The general assembly also finds that:22
(a) More resources are needed for wildfire mitigation to reduce23
fire risk and to keep fires from becoming large and catastrophic;24
(b) Although Colorado is committed to taking meaningful action25
114-3- to mitigate wildfires, several remote areas in the state lack sufficient1
resources to suppress fires without external support;2
(c) In emergency situations, rapid action is vital and any delay3
increases the risk of a fire becoming catastrophic;4
(d) In the past, the general assembly has recognized the need to5
use available water resources in a fire event and has authorized the6
emergency use of wells for firefighting purposes;7
(e) Using water resources to fight fires in emergencies is in the8
public interest and may be critical in protecting life, property, and9
infrastructure;10
(f) When water is not available in close proximity, firefighters11
may also rely on nearby ponds to fill fire trucks and suppress fires as12
quickly as possible;13
(g) Existing ponds in Colorado have proven to be critical fire14
suppression resources, particularly in remote areas that are not equipped15
with other fire suppression resources such as fire hydrants;16
(h) The state engineer may order ponds to be drained or backfilled17
if they are found to deplete streams out of priority;18
(i) Some ponds that are subject to drainage may be critical19
firefighting resources for remote, high-risk areas of Colorado, and if such20
ponds are drained, firefighters could be left ill-equipped to respond to and21
suppress fires;22
(j) A process is necessary to preserve ponds that are deemed23
critical for firefighting purposes; and24
(k) Preserving fire suppression ponds will help:25
(I) Ensure resources are available to help keep communities safe26
in the event of structure fires, grassland fires, and other fire emergencies;27
114
-4- and1
(II) Keep fires from becoming large and thereby protect lives,2
homes, critical watersheds, water supply assets, infrastructure, and key3
ecological and wildlife resources.4
(3) Therefore, the general assembly declares that it is in the public5
interest to create a process to identify, designate, and preserve critical fire6
suppression ponds.7
SECTION 2. In Colorado Revised Statutes, add 37-82-107 as8
follows:9
37-82-107. Fire suppression ponds - legislative declaration -10
needs assessment - notice of consideration required - restriction on11
draining of ponds - rules - no water right created - repeal. (1) T
HE12
GENERAL ASSEMBLY HEREBY DECLARES THAT :
13
(a) F
IRE SUPPRESSION PONDS ARE ESSENTIAL FOR THE PROTECTION
14
OF PUBLIC SAFETY AND WELFARE; AND15
(b) B
ASED ON THIS DECLARATION , THE STATE ENGINEER IS
16
AUTHORIZED TO REVIEW APPLICATIONS AND DESIGNATE PONDS AS FIRE17
SUPPRESSION PONDS IN ACCORDANCE WITH THIS SECTION .18
(2) A
BOARD OF COUNTY COMMISSIONERS , IN CONSULTATION WITH19
ITS FIRE PROTECTION DISTRICT, MAY APPLY TO THE STATE ENGINEER20
PURSUANT TO SECTION 37-80-124 FOR THE DESIGNATION OF A POND21
WITHIN THE BORDERS OF THE COUNTY AS A FIRE SUPPRESSION POND .22
(3) (a) B
EFORE APPLYING FOR THE DESIGNATION OF A POND AS A23
FIRE SUPPRESSION POND, A BOARD OF COUNTY COMMISSIONERS , IN24
CONSULTATION WITH ITS FIRE PROTECTION DISTRICT , SHALL:25
(I) I
DENTIFY PONDS IN LOCATIONS WHERE THE OUTBREAK OF A26
FIRE COULD RESULT IN A MAJOR WILDFIRE DISASTER ;
27
114
-5- (II) PERFORM A NEEDS ASSESSMENT OF EACH SUCH POND , WHICH1
NEEDS ASSESSMENT SHALL BE COMPLETED WITHIN ONE YEAR AFTER THE2
BOARD PROVIDES THE NOTICE DESCRIBED IN SUBSECTION (3)(a)(III) OF3
THIS SECTION; AND4
(III) F
OR EACH POND THAT IS IDENTIFIED AND UNDER
5
CONSIDERATION AS A POTENTIAL FIRE SUPPRESSION POND , PROVIDE6
NOTICE OF SUCH FACT TO THE STATE ENGINEER , WHICH NOTICE MUST7
INDICATE THE LOCATION AND APPROXIMATE SURFACE AREA OF THE POND .8
(b) I
N PERFORMING A NEEDS ASSESSMENT PURSUANT TO9
SUBSECTION (3)(a)(II) OF THIS SECTION, A BOARD OF COUNTY10
COMMISSIONERS, IN CONSULTATION WITH ITS FIRE PROTECTION DISTRICT,11
SHALL:12
(I) I
DENTIFY THE REFILL MECHANISM OF THE POND , WHETHER BY:13
(A) G
ROUNDWATER;14
(B) D
IVERSION ON THE STREAM CHANNEL ;15
(C) D
IVERSION OFF THE STREAM CHANNEL ; OR16
(D) W
ELL; AND17
(II) A
PPLY THE CRITERIA ESTABLISHED PURSUANT TO RULES18
PROMULGATED BY THE DIRECTOR OF THE DIVISION OF FIRE PREVENTION19
AND CONTROL PURSUANT TO SUBSECTION (5)
OF THIS SECTION.20
(c) I
F A POND THAT IS UNDER CONSIDERATION FOR DESIGNATION
21
AS A FIRE SUPPRESSION POND IS LOCATED IN WHOLE OR IN PART UPON22
PRIVATE PROPERTY, A BOARD OF COUNTY COMMISSIONERS SHALL ACQUIRE23
THE VOLUNTARY WRITTEN APPROVAL OF EACH OWNER OF PRIVATE24
PROPERTY THAT ABUTS THE POND BEFORE THE BOARD APPLIES TO THE25
STATE ENGINEER FOR THE DESIGNATION OF THE POND AS A FIRE26
SUPPRESSION POND.27
114
-6- (d) IF A BOARD OF COUNTY COMMISSIONERS HAS NOTIFIED THE1
STATE ENGINEER PURSUANT TO SUBSECTION (3)(a)(III) OF THIS SECTION2
THAT A POND IS UNDER CONSIDERATION AS A FIRE SUPPRESSION POND , THE3
BOARD SHALL NOTIFY THE STATE ENGINEER PROMPTLY IF AND WHEN THE4
POND IS NO LONGER UNDER SUCH CONSIDERATION .5
(4) NOTWITHSTANDING ANY PROVISION OF LAW TO THE6
CONTRARY, EXCEPT AS MAY BE REQUIRED TO ADDRESS DAM SAFETY7
CONCERNS, THE STATE ENGINEER SHALL NOT ORDER ANY POND TO BE8
DRAINED OR BACKFILLED OR PROCEED WITH ANY EXISTING ORDER TO9
DRAIN OR BACKFILL A POND:10
(a) I
F THE STATE ENGINEER HAS RECEIVED NOTICE PURSUANT TO11
SUBSECTION (3)(a)(III)
OF THIS SECTION THAT THE POND IS UNDER12
CONSIDERATION BY A BOARD OF COUNTY COMMISSIONERS FOR13
DESIGNATION AS A FIRE SUPPRESSION POND , DURING THE PENDENCY OF14
THAT CONSIDERATION;15
(b) I
F THE STATE ENGINEER HAS DESIGNATED THE POND AS A FIRE16
SUPPRESSION POND PURSUANT TO SECTION 37-80-124 AND THE POND IS
17
OPERATING IN ACCORDANCE WITH THE DESIGNATION ; OR18
(c) (I) O
N AND AFTER THE EFFECTIVE DATE OF THIS SECTION, AND19
UNTIL THE DATE UPON WHICH THE DIRECTOR OF THE DIVISION OF FIRE20
PREVENTION AND CONTROL PROMULGATES RULES PURSUANT TO21
SUBSECTION (5)
OF THIS SECTION; EXCEPT THAT, DURING SUCH TIME, THE22
STATE ENGINEER MAY ENFORCE AN ORDER TO DRAIN A POND IF THE STATE23
ENGINEER FIRST PROVIDES NOTICE OF THE ORDER TO THE BOARD OF24
COUNTY COMMISSIONERS OF THE COUNTY IN WHICH THE POND IS LOCATED25
AND ALLOWS THE BOARD FOURTEEN DAYS TO RESPOND .26
(II) T
HIS SUBSECTION (4)(c)
IS REPEALED, EFFECTIVE JULY 1, 2023.27
114
-7- (5) (a) ON OR BEFORE MAY 1, 2023, THE DIRECTOR OF THE1
DIVISION OF FIRE PREVENTION AND CONTROL IN THE DEPARTMENT OF2
PUBLIC SAFETY, PURSUANT TO THE DIRECTOR 'S AUTHORITY UNDER3
SECTION 24-33.5-1203.5, SHALL PROMULGATE RULES ESTABLISHING4
CRITERIA FOR BOARDS OF COUNTY COMMISSIONERS , IN CONSULTATION5
WITH FIRE PROTECTION DISTRICTS, TO USE TO IDENTIFY AND EVALUATE6
POTENTIAL FIRE SUPPRESSION PONDS, AS DESCRIBED IN SUBSECTION (3) OF7
THIS SECTION. AT A MINIMUM, THE CRITERIA MUST REQUIRE THAT A FIRE8
SUPPRESSION POND:9
(I) B
E READILY ACCESSIBLE BY A FIRE PROTECTION DISTRICT, FIRE
10
DEPARTMENT, OR OTHER FIREFIGHTING ENTITY;11
(II) B
E LOCATED IN THE WILDLAND -URBAN INTERFACE OR
12
ANOTHER LOCATION THAT FACES AN ELEVATED THREAT OF FIRE RISK ; AND13
(III) B
E LOCATED IN AN AREA WITHOUT TIMELY OR ADEQUATE
14
ACCESS TO FIRE HYDRANTS OR OTHER WATER SUPPLIES AND WHERE THE15
POND PROVIDES A NEEDED SUPPLY .16
17
(b) B
EFORE PROMULGATING THE RULES DESCRIBED IN SUBSECTION18
(5)(a)
OF THIS SECTION, THE DIRECTOR OF THE DIVISION OF FIRE19
PREVENTION AND CONTROL SHALL SOLICIT AND CONSIDER INPUT FROM :20
(I) T
HE STATE ENGINEER;21
(II) L
OCAL GOVERNMENTS , INCLUDING COUNTIES;22
(III) W
ATER PROVIDERS;
23
(IV) F
IRE PROTECTION DISTRICTS AND OTHER FIREFIGHTING24
ENTITIES; AND
25
(V) B
ASIN ROUNDTABLES.
26
(6) NOTWITHSTANDING ANY PROVISION OF LAW TO THE27
114
-8- CONTRARY, A FIRE SUPPRESSION POND AND THE WATER ASSOCIATED WITH1
IT:2
(a) A
RE NOT CONSIDERED A WATER RIGHT, AS DEFINED IN SECTION3
37-92-103
(12);4
(b) D
O NOT HAVE A PRIORITY, AS DEFINED IN SECTION 37-92-1035
(10);
AND6
(c) M
AY NOT BE ADJUDICATED PURSUANT TO SECTION 37-92-302.7
(7) T
HE DIVISION OF FIRE PREVENTION AND CONTROL IN THE
8
DEPARTMENT OF PUBLIC SAFETY , SUBJECT TO AVAILABLE9
APPROPRIATIONS, MAY PROVIDE FINANCIAL SUPPORT TO A BOARD OF10
COUNTY COMMISSIONERS TO FACILITATE THE BOARD 'S ACQUISITION OF11
AUGMENTATION WATER FOR PONDS THAT SATISFY THE CRITERIA12
ESTABLISHED BY RULES PROMULGATED PURSUANT TO SUBSECTION (5) OF13
THIS SECTION BUT ARE NOT DESIGNATED AS FIRE SUPPRESSION PONDS .14
SECTION 3. In Colorado Revised Statutes, add 37-80-124 as15
follows:16
37-80-124. State engineer - designation of fire suppression17
ponds - conditional requirements - inspections - expiration of18
designation - database - reviews by water courts. (1) FOR THE19
PURPOSES OF SECTION 37-82-107, THE STATE ENGINEER SHALL:20
(a) R
EVIEW APPLICATIONS RECEIVED FROM BOARDS OF COUNTY21
COMMISSIONERS CONCERNING THE DESIGNATION OF PONDS AS FIRE22
SUPPRESSION PONDS; AND23
(b) A
T THE STATE ENGINEER'S DISCRETION, DESIGNATE PONDS AS24
FIRE SUPPRESSION PONDS.25
(2) I
N CONSIDERING WHETHER TO DESIGNATE A POND AS A FIRE26
SUPPRESSION POND, THE STATE ENGINEER SHALL:
27
114
-9- (a) CONSIDER WHETHER THE NEEDS ASSESSMENT PERFORMED FOR1
THE POND PURSUANT TO SECTION 37-82-107 (3)(a)(II) EVALUATED THE2
CRITERIA ESTABLISHED BY RULES PROMULGATED BY THE DIVISION OF FIRE3
PREVENTION AND CONTROL PURSUANT TO SECTION 37-82-107 (5); AND4
(b) V
ERIFY THAT THE POND SATISFIES THE REQUIREMENTS
5
DESCRIBED IN SUBSECTION (10)(a)(II) OF THIS SECTION.6
(3) T
HE STATE ENGINEER MAY ESTABLISH A STANDARD WRITTEN7
OR ELECTRONIC FORM FOR BOARDS OF COUNTY COMMISSIONERS TO USE TO8
APPLY FOR THE DESIGNATION OF A POND AS A FIRE SUPPRESSION POND .9
(4) W
ITHIN ONE HUNDRED FIFTY-FOUR DAYS AFTER RECEIVING AN
10
APPLICATION TO DESIGNATE A FIRE SUPPRESSION POND , THE STATE11
ENGINEER SHALL:12
(a) R
EVIEW THE APPLICATION; AND
13
(b) A
T THE STATE ENGINEER'S DISCRETION, DESIGNATE A POND AS
14
A FIRE SUPPRESSION POND, DENY THE APPLICATION, SCHEDULE A HEARING,15
OR REQUEST ADDITIONAL INFORMATION .16
(5) A
S A CONDITION OF DESIGNATING A POND AS A FIRE17
SUPPRESSION POND PURSUANT TO THIS SECTION , THE STATE ENGINEER18
MAY IMPOSE REASONABLE REQUIREMENTS ON A BOARD OF COUNTY19
COMMISSIONERS, INCLUDING REQUIREMENTS FOR MEASURING AND20
RECORDING DEVICES.21
(6) I
F THE STATE ENGINEER DESIGNATES A POND AS A FIRE22
SUPPRESSION POND PURSUANT TO THIS SECTION , THE BOARD OF COUNTY23
COMMISSIONERS OF THE COUNTY IN WHICH THE POND IS LOCATED AND THE24
FIRE PROTECTION DISTRICT SHALL INSPECT THE POND AT LEAST ANNUALLY25
TO ENSURE THAT:26
(a) T
HE POND IS PROPERLY MAINTAINED;27
114
-10- (b) ANY FIREFIGHTING INFRASTRUCTURE ASSOCIATED WITH THE1
POND IS FUNCTIONAL; AND2
(c) T
HE APPROXIMATE SURFACE AREA OF THE POND HAS NOT3
CHANGED.4
(7) I
F THE STATE ENGINEER DENIES AN APPLICATION FOR THE5
DESIGNATION OF A POND AS A FIRE SUPPRESSION POND , THE STATE6
ENGINEER SHALL PROVIDE THE APPLICANT BOARD OF COUNTY7
COMMISSIONERS THE REASONS FOR THE STATE ENGINEER 'S DENIAL AND AN8
OPPORTUNITY TO DISCUSS THE DENIAL WITH THE STATE ENGINEER .9
(8) (a) T
HE DESIGNATION OF A POND AS A FIRE SUPPRESSION POND10
PURSUANT TO THIS SECTION EXPIRES FIFTEEN
YEARS AFTER THE DATE OF11
THE DESIGNATION.12
(b) N
O SOONER THAN THREE HUNDRED SIXTY -FIVE DAYS BEFORE
13
THE EXPIRATION OF THE DESIGNATION OF A POND AS A FIRE SUPPRESSION14
POND, THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY IN WHICH15
THE POND IS LOCATED AND THE FIRE PROTECTION DISTRICT MAY PERFORM16
A NEEDS ASSESSMENT OF THE POND, AS DESCRIBED IN SECTION 37-82-10717
(3),
IF THE BOARD DESIRES THAT THE POND BE RECERTIFIED AS A FIRE
18
SUPPRESSION POND.19
(c) I
F THE NEEDS ASSESSMENT DESCRIBED IN SUBSECTION (8)(b) OF20
THIS SECTION INDICATES THAT THE POND CONTINUES TO SATISFY THE21
CRITERIA ESTABLISHED BY RULES PROMULGATED PURSUANT TO SECTION22
37-82-107 (5)
, THE BOARD AND THE FIRE PROTECTION DISTRICT SHALL23
NOTIFY THE STATE ENGINEER OF SUCH FACT , AND THE STATE ENGINEER24
SHALL REDESIGNATE THE POND AS A FIRE SUPPRESSION POND .25
(d) I
F THE NEEDS ASSESSMENT DESCRIBED IN SUBSECTION (8)(b)26
OF THIS SECTION INDICATES THAT THE POND NO LONGER SATISFIES THE27
114
-11- CRITERIA ESTABLISHED BY RULES PROMULGATED PURSUANT TO SECTION1
37-82-107 (5), THE BOARD AND THE FIRE PROTECTION DISTRICT SHALL2
EITHER:3
(I) N
OTIFY THE STATE ENGINEER THAT THE DESIGNATION OF THE4
POND AS A FIRE SUPPRESSION POND SHOULD BE RESCINDED OR ALLOWED5
TO EXPIRE; OR6
(II) P
ROVIDE TO THE STATE ENGINEER A PLAN AND TIMELINE FOR7
BRINGING THE POND BACK INTO COMPLIANCE WITH THE CRITERIA .8
(9) T
HE STATE ENGINEER SHALL ESTABLISH A
DATABASE FOR9
THE ADMINISTRATION OF PONDS THAT ARE DESIGNATED AS FIRE10
SUPPRESSION PONDS PURSUANT TO THIS SECTION .11
(10) (a) NOTWITHSTANDING ANY PROVISION OF LAW TO THE12
CONTRARY, THE STATE ENGINEER SHALL NOT:13
(I) D
ESIGNATE MORE THAN THIRTY TOTAL SURFACE ACRES OF
14
POND IN ANY COUNTY AS A FIRE SUPPRESSION POND ; OR15
(II) D
ESIGNATE ANY POND AS A FIRE SUPPRESSION POND UNLESS :
16
(A) T
HE POND EXISTED WITH THE SAME OR GREATER SURFACE
17
AREA AS OF JUNE 1, 1972;18
(B) D
ECREED STORAGE RIGHTS FOR THE POND ARE LIMITED TO
19
USE WITHIN THE POND AND ONLY LIVESTOCK WATERING , WILDLIFE, OR20
OTHER NONCONSUMPTIVE USES ;21
(C) T
HE POND IS NOT INCLUDED AS A STRUCTURE IN A DECREED
22
PLAN FOR AUGMENTATION , AN APPROPRIATIVE RIGHT OF EXCHANGE , OR23
A STATE-APPROVED SUBSTITUTE WATER SUPPLY PLAN ;24
(D) T
HE SURFACE AREA OF THE POND DOES NOT EXCEED SIX
25
ACRES; AND26
(E) T
HE BOARD OF COUNTY COMMISSIONERS THAT REQUESTED
27
114
-12- THE DESIGNATION HAS PROVIDED NOTICE OF THE REQUEST TO INTERESTED1
PARTIES INCLUDED IN THE SUBSTITUTE WATER SUPPLY PLAN NOTIFICATION2
LIST ESTABLISHED PURSUANT TO SECTION 37-92-308 (6) FOR THE WATER3
DIVISION IN WHICH THE POND IS LOCATED.4
(b) T
HE NOTICE DESCRIBED IN SUBSECTION (10)(a)(II)(E) OF THIS
5
SECTION MUST INCLUDE:6
(I) T
HE RESULTS OF THE NEEDS ASSESSMENT CONDUCTED FOR THE
7
POND PURSUANT TO SECTION 37-82-107 (3)(a)(II), INCLUDING A SUMMARY8
OF FINDINGS;9
(II) A
COPY OF THE APPLICATION FOR DESIGNATION OF THE POND
10
AS A FIRE SUPPRESSION POND; AND11
(III) A
STATEMENT THAT A HOLDER OF A DECREED WATER RIGHT
12
HAS ONE HUNDRED FORTY DAYS AFTER THE SUBMISSION OF THE13
APPLICATION TO PROVIDE EVIDENCE OF MATERIAL INJURY TO THE STATE14
ENGINEER, AS DESCRIBED IN SECTION 37-92-602 (8)(i).15
(c) I
N SUBMITTING AN APPLICATION FOR THE DESIGNATION OF A
16
POND AS A FIRE SUPPRESSION POND , A BOARD OF COUNTRY17
COMMISSIONERS MUST INCLUDE WITH THE APPLICATION EVIDENCE THAT18
THE BOARD PROVIDED THE NOTICE DESCRIBED IN SUBSECTION19
(10)(a)(II)(E)
OF THIS SECTION.
20
(11) (a) W
ITHIN SEVENTY DAYS AFTER THE STATE ENGINEER
21
DESIGNATES A POND AS A FIRE SUPPRESSION POND , A HOLDER OF A22
DECREED WATER RIGHT MAY FILE WITH THE WATER CLERK OF THE WATER23
DIVISION IN WHICH THE FIRE SUPPRESSION POND IS LOCATED A PETITION24
FOR REVIEW OF THE STATE ENGINEER'S DECISION.25
(b) U
PON RECEIVING A PETITION DESCRIBED IN SUBSECTION (11)(a)
26
OF THIS SECTION, A WATER JUDGE SHALL CONDUCT A REVIEW OF THE27
114
-13- STATE ENGINEER'S DECISION DE NOVO BASED ON THE ADMINISTRATIVE1
RECORD.2
(c) N
OTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE
3
CONTRARY, A WATER JUDGE MAY NULLIFY THE STATE ENGINEER 'S4
DESIGNATION OF A POND AS A FIRE SUPPRESSION POND IF , AFTER5
CONSIDERING THE ENTIRE RECORD , INCLUDING ANY EVIDENCE OF6
MATERIAL INJURY, THE JUDGE FINDS THAT:7
(I) I
N APPLYING FOR SUCH DESIGNATION, THE BOARD OF COUNTY
8
COMMISSIONERS DID NOT DESCRIBE A POND THAT COMPLIES WITH9
CRITERIA ESTABLISHED BY RULES PROMULGATED BY THE DIRECTOR OF THE10
DIVISION OF FIRE PREVENTION AND CONTROL IN THE DEPARTMENT OF11
PUBLIC SAFETY PURSUANT TO SECTION 37-82-107 (5); OR12
(II) T
HE STATE ENGINEER'S DECISION DID NOT ACCORD WITH THE
13
REQUIREMENTS SET FORTH IN SUBSECTION (10) OF THIS SECTION.14
SECTION 4. In Colorado Revised Statutes, 37-92-602, amend15
(8)(a) and (8)(b) introductory portion; and add (8)(b)(III) and (8)(i) as16
follows:17
37-92-602. Exemptions - presumptions - legislative declaration18
- definitions. (8) (a) The general assembly hereby declares that storm19
water detention and infiltration facilities, and post-wildland fire facilities,20
AND FIRE SUPPRESSION PONDS are essential for the protection of public21
safety and welfare, property, and the environment.22
(b) For the purposes of AS USED IN this subsection (8):23
(III) "F
IRE SUPPRESSION POND" MEANS A POND WITH WATER THAT
24
MAY BE USED IN A FIRE EMERGENCY, WHICH POND HAS BEEN:25
(A) I
DENTIFIED AS A POTENTIAL FIRE SUPPRESSION POND BY A26
BOARD OF COUNTY COMMISSIONERS IN CONSULTATION WITH A FIRE27
114
-14- PROTECTION DISTRICT PURSUANT TO SECTION 37-82-107; AND1
(B) D
ESIGNATED AS A FIRE SUPPRESSION POND BY THE STATE2
ENGINEER PURSUANT TO SECTION 37-80-124.3
(i) I
F A BOARD OF COUNTY COMMISSIONERS APPLIES TO THE STATE
4
ENGINEER FOR THE DESIGNATION OF A FIRE SUPPRESSION POND PURSUANT5
TO SECTION 37-82-107, AND THE REQUIREMENTS OF SECTION 37-80-1246
(10)
AND ANY RULES PROMULGATED BY THE DIVISION OF FIRE PREVENTION
7
AND CONTROL PURSUANT TO SECTION 37-82-107 (5) ARE SATISFIED, THE8
PROPOSED FIRE SUPPRESSION POND IS PRESUMED TO CAUSE NO MATERIAL9
INJURY TO THE VESTED WATER RIGHTS OF OTHERS . A HOLDER OF A10
DECREED WATER RIGHT MAY REBUT THE PRESUMPTION BY PROVIDING11
EVIDENCE TO THE STATE ENGINEER SUFFICIENT TO SHOW THAT MATERIAL12
INJURY HAS OCCURRED OR WILL OCCUR TO THE DECREED WATER RIGHT .13
SECTION 5. Appropriation. (1) For the 2022-23 state fiscal14
year, $19,428 is appropriated to the department of natural resources for15
use by the executive director's office. This appropriation is from the16
general fund. To implement this act, the department may use this17
appropriation as follows:18
(a) $11,828 for the purchase of legal services.19
(b) $7,600 for the purchase of information technology services.20
(2) For the 2022-23 state fiscal year, $11,828 is appropriated to21
the department of law. This appropriation is from reappropriated funds22
received from the department of natural resources under subsection (1)(a)23
of this section. To implement this act, the department of law may use this24
appropriation to provide legal services for the department of natural25
resources.26
(3) For the 2022-23 state fiscal year, $7,600 is appropriated to the27
114
-15- office of the governor for use by the office of information technology.1
This appropriation is from reappropriated funds received from the2
department of natural resources under subsection (1)(b) of this section. To3
implement this act, the office may use this appropriation to provide4
information technology services for the department of natural resources.5
SECTION 6. Act subject to petition - effective date. This act6
takes effect at 12:01 a.m. on the day following the expiration of the7
ninety-day period after final adjournment of the general assembly; except8
that, if a referendum petition is filed pursuant to section 1 (3) of article V9
of the state constitution against this act or an item, section, or part of this10
act within such period, then the act, item, section, or part will not take11
effect unless approved by the people at the general election to be held in12
November 2022 and, in such case, will take effect on the date of the13
official declaration of the vote thereon by the governor.14
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