Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 22-0535.01 Richard Sweetman x4333
SENATE BILL 22-114
Senate Committees House Committees
Agriculture & Natural Resources Agriculture, Livestock, & Water
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING FIRE SUPPRESSION PONDS , AND, IN CONNECTION
101
THEREWITH, MAKING AN APPROPRIATION.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
HOUSE
Amended 2nd Reading
May 3, 2022
SENATE
Amended 3rd Reading
April 1, 2022
SENATE
Amended 2nd Reading
March 30, 2022
SENATE SPONSORSHIP
Hisey and Story, Danielson, Rodriguez
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 OR FIRE AUTHORITY, MAY APPLY TO THE20
STATE ENGINEER PURSUANT TO SECTION 37-80-124 FOR THE DESIGNATION21
OF A POND WITHIN THE BORDERS OF THE COUNTY AS A FIRE SUPPRESSION22
POND.23
(3) (a) B
EFORE APPLYING FOR THE DESIGNATION OF A POND AS A24
FIRE SUPPRESSION POND, A BOARD OF COUNTY COMMISSIONERS , IN25
CONSULTATION WITH ITS FIRE PROTECTION
DISTRICT OR FIRE AUTHORITY,26
SHALL:27
114
-5- (I) IDENTIFY PONDS IN LOCATIONS WHERE THE OUTBREAK OF A1
FIRE COULD RESULT IN A MAJOR WILDFIRE DISASTER ; 2
(II) P
ERFORM A NEEDS ASSESSMENT OF EACH SUCH POND , WHICH3
NEEDS ASSESSMENT SHALL BE COMPLETED WITHIN ONE YEAR AFTER THE4
BOARD PROVIDES THE NOTICE DESCRIBED IN SUBSECTION (3)(a)(III)
OF5
THIS SECTION; AND6
(III) F
OR EACH POND THAT IS IDENTIFIED AND UNDER
7
CONSIDERATION AS A POTENTIAL FIRE SUPPRESSION POND , PROVIDE8
NOTICE OF SUCH FACT TO THE STATE ENGINEER , WHICH NOTICE MUST9
INDICATE THE LOCATION AND APPROXIMATE SURFACE AREA OF THE POND .10
(b) I
N PERFORMING A NEEDS ASSESSMENT PURSUANT TO11
SUBSECTION (3)(a)(II) OF THIS SECTION, A BOARD OF COUNTY12
COMMISSIONERS, IN CONSULTATION WITH ITS FIRE PROTECTION
DISTRICT13
OR FIRE AUTHORITY, SHALL:14
(I) I
DENTIFY THE REFILL MECHANISM OF THE POND , WHETHER BY:15
(A) G
ROUNDWATER;16
(B) D
IVERSION ON THE STREAM CHANNEL ;17
(C) D
IVERSION OFF THE STREAM CHANNEL ; OR18
(D) W
ELL; AND19
(II) A
PPLY THE CRITERIA ESTABLISHED PURSUANT TO RULES20
PROMULGATED BY THE DIRECTOR OF THE DIVISION OF FIRE PREVENTION21
AND CONTROL PURSUANT TO SUBSECTION (5)
OF THIS SECTION.22
(c) I
F A POND THAT IS UNDER CONSIDERATION FOR DESIGNATION
23
AS A FIRE SUPPRESSION POND IS LOCATED IN WHOLE OR IN PART UPON24
PRIVATE PROPERTY, A BOARD OF COUNTY COMMISSIONERS SHALL ACQUIRE25
THE VOLUNTARY WRITTEN APPR OVAL OF EACH OWNER OF PRIVATE26
PROPERTY THAT ABUTS THE POND BEFORE THE BOARD APPLIES TO THE27
114
-6- STATE ENGINEER FOR THE DESIGNATION OF THE POND AS A FIRE1
SUPPRESSION POND.2
(d) I
F A BOARD OF COUNTY COMMISSIONERS HAS NOTIFIED THE
3
STATE ENGINEER PURSUANT TO SUBSECTION (3)(a)(III) OF THIS SECTION4
THAT A POND IS UNDER CONSIDERATION AS A FIRE SUPPRESSION POND , THE5
BOARD SHALL NOTIFY THE STATE ENGINEER PROMPTLY IF AND WHEN THE6
POND IS NO LONGER UNDER SUCH CONSIDERATION .7
(4) UNLESS OTHERWISE REQUIRED BY LAW OR AS NEEDED TO8
ADDRESS DAM SAFETY CONCERNS , THE STATE ENGINEER SHALL NOT ORDER9
ANY POND TO BE DRAINED OR BACKFILLED OR PROCEED WITH ANY10
EXISTING ORDER TO DRAIN OR BACKFILL A POND :11
(a) I
F THE STATE ENGINEER HAS RECEIVED NOTICE PURSUANT TO12
SUBSECTION (3)(a)(III)
OF THIS SECTION THAT THE POND IS UNDER13
CONSIDERATION BY A BOARD OF COUNTY COMMISSIONERS FOR14
DESIGNATION AS A FIRE SUPPRESSION POND , DURING THE PENDENCY OF15
THAT CONSIDERATION;16
(b) I
F THE STATE ENGINEER HAS DESIGNATED THE POND AS A FIRE17
SUPPRESSION POND PURSUANT TO SECTION 37-80-124 AND THE POND IS
18
OPERATING IN ACCORDANCE WITH THE DESIGNATION ; OR19
(c) (I) O
N AND AFTER THE EFFECTIVE DATE OF THIS SECTION, AND20
UNTIL THE DATE UPON WHICH THE DIRECTOR OF THE DIVISION OF FIRE21
PREVENTION AND CONTROL PROMULGATES RULES PURSUANT TO22
SUBSECTION (5)
OF THIS SECTION; EXCEPT THAT, DURING SUCH TIME, THE23
STATE ENGINEER MAY ENFORCE AN ORDER TO DRAIN A POND IF THE STATE24
ENGINEER FIRST PROVIDES NOTICE OF THE ORDER TO THE BOARD OF25
COUNTY COMMISSIONERS OF THE COUNTY IN WHICH THE POND IS LOCATED26
AND ALLOWS THE BOARD FOURTEEN DAYS TO RESPOND .27
114
-7- (II) THIS SUBSECTION (4)(c) IS REPEALED, EFFECTIVE JULY 1, 2023.1
(5) (a) ON OR BEFORE MAY 1, 2023, THE DIRECTOR OF THE2
DIVISION OF FIRE PREVENTION AND CONTROL IN THE DEPARTMENT OF3
PUBLIC SAFETY, PURSUANT TO THE DIRECTOR 'S AUTHORITY UNDER4
SECTION 24-33.5-1203.5, SHALL PROMULGATE RULES ESTABLISHING5
CRITERIA FOR BOARDS OF COUNTY COMMISSIONERS , IN CONSULTATION6
WITH FIRE PROTECTION DISTRICTS OR FIRE AUTHORITIES, TO USE TO7
IDENTIFY AND EVALUATE POTENTIAL FIRE SUPPRESSION PONDS , AS8
DESCRIBED IN SUBSECTION (3) OF THIS SECTION. AT A MINIMUM, THE9
CRITERIA MUST REQUIRE THAT A FIRE SUPPRESSION POND :10
(I) B
E READILY ACCESSIBLE BY A FIRE PROTECTION DISTRICT,
FIRE11
AUTHORITY, FIRE DEPARTMENT, OR OTHER FIREFIGHTING ENTITY;12
(II) B
E LOCATED IN THE WILDLAND -URBAN INTERFACE OR
13
ANOTHER LOCATION THAT FACES AN ELEVATED THREAT OF FIRE RISK ; AND14
(III) B
E LOCATED IN AN AREA WITHOUT TIMELY OR ADEQUATE
15
ACCESS TO FIRE HYDRANTS OR OTHER WATER SUPPLIES AND WHERE THE16
POND PROVIDES A NEEDED SUPPLY .17
18
(b) B
EFORE PROMULGATING THE RULES DESCRIBED IN SUBSECTION19
(5)(a)
OF THIS SECTION, THE DIRECTOR OF THE DIVISION OF FIRE20
PREVENTION AND CONTROL SHALL SOLICIT AND CONSIDER INPUT FROM :21
(I) T
HE STATE ENGINEER;22
(II) L
OCAL GOVERNMENTS , INCLUDING COUNTIES;23
(III) W
ATER PROVIDERS;
24
(IV) F
IRE PROTECTION
DISTRICTS, FIRE AUTHORITIES, AND OTHER25
FIREFIGHTING ENTITIES; AND26
(V) B
ASIN ROUNDTABLES.
27
114
-8- (6) NOTWITHSTANDING ANY PROVISION OF LAW TO THE1
CONTRARY, A FIRE SUPPRESSION POND AND THE WATER ASSOCIATED WITH2
IT:3
(a) A
RE NOT CONSIDERED A WATER RIGHT, AS DEFINED IN SECTION4
37-92-103
(12);5
(b) D
O NOT HAVE A PRIORITY, AS DEFINED IN SECTION 37-92-1036
(10);
AND7
(c) M
AY NOT BE ADJUDICATED PURSUANT TO SECTION 37-92-302.8
(7) T
HE DIVISION OF FIRE PREVENTION AND CONTROL IN THE
9
DEPARTMENT OF PUBLIC SAFETY , SUBJECT TO AVAILABLE10
APPROPRIATIONS, MAY PROVIDE FINANCIAL SUPPORT TO A BOARD OF11
COUNTY COMMISSIONERS TO FACILITATE THE BOARD 'S ACQUISITION OF12
AUGMENTATION WATER FOR PONDS THAT SATISFY THE CRITERIA13
ESTABLISHED BY RULES PROMULGATED PURSUANT TO SUBSECTION (5) OF14
THIS SECTION BUT ARE NOT DESIGNATED AS FIRE SUPPRESSION PONDS .15
SECTION 3. In Colorado Revised Statutes, add 37-80-124 as16
follows:17
37-80-124. State engineer - designation of fire suppression18
ponds - conditional requirements - inspections - expiration of19
designation - database - reviews by water courts. (1) FOR THE20
PURPOSES OF SECTION 37-82-107, THE STATE ENGINEER SHALL:21
(a) R
EVIEW APPLICATIONS RECEIVED FROM BOARDS OF COUNTY22
COMMISSIONERS CONCERNING THE DESIGNATION OF PONDS AS FIRE23
SUPPRESSION PONDS; AND24
(b) A
T THE STATE ENGINEER'S DISCRETION, DESIGNATE PONDS AS25
FIRE SUPPRESSION PONDS.26
(2) I
N CONSIDERING WHETHER TO DESIGNATE A POND AS A FIRE27
114
-9- SUPPRESSION POND, THE STATE ENGINEER SHALL:1
(a) C
ONSIDER WHETHER THE NEEDS ASSESSMENT PERFORMED FOR
2
THE POND PURSUANT TO SECTION 37-82-107 (3)(a)(II) EVALUATED THE3
CRITERIA ESTABLISHED BY RULES PROMULGATED BY THE DIVISION OF FIRE4
PREVENTION AND CONTROL PURSUANT TO SECTION 37-82-107 (5); AND5
(b) V
ERIFY THAT THE POND SATISFIES THE REQUIREMENTS
6
DESCRIBED IN SUBSECTION (10)(a)(II) OF THIS SECTION.7
(3) T
HE STATE ENGINEER MAY ESTABLISH A STANDARD WRITTEN8
OR ELECTRONIC FORM FOR BOARDS OF COUNTY COMMISSIONERS TO USE TO9
APPLY FOR THE DESIGNATION OF A POND AS A FIRE SUPPRESSION POND .10
(4) W
ITHIN ONE HUNDRED FIFTY-FOUR DAYS AFTER RECEIVING AN
11
APPLICATION TO DESIGNATE A FIRE SUPPRESSION POND , THE STATE12
ENGINEER SHALL:13
(a) R
EVIEW THE APPLICATION; AND
14
(b) A
T THE STATE ENGINEER'S DISCRETION, DESIGNATE A POND AS
15
A FIRE SUPPRESSION POND, DENY THE APPLICATION, SCHEDULE A HEARING,16
OR REQUEST ADDITIONAL INFORMATION .17
(5) A
S A CONDITION OF DESI GNATING A POND AS A FIRE18
SUPPRESSION POND PURSUANT TO THIS SECTION , THE STATE ENGINEER19
MAY IMPOSE REASONABLE REQUIREMENTS ON A BOARD OF COUNTY20
COMMISSIONERS, INCLUDING REQUIREMENTS FOR MEASURING AND21
RECORDING DEVICES.22
(6) I
F THE STATE ENGINEER DESIGNATES A POND AS A FIRE23
SUPPRESSION POND PURSUANT TO THIS SECTION , THE BOARD OF COUNTY24
COMMISSIONERS OF THE COUNTY IN WHICH THE POND IS LOCATED AND THE25
FIRE PROTECTION DISTRICT
OR FIRE AUTHORITY SHALL INSPECT THE POND26
AT LEAST ANNUALLY TO ENSURE THAT :27
114
-10- (a) THE POND IS PROPERLY MAINTAINED;1
(b) A
NY FIREFIGHTING INFRASTRUCTURE ASSOCIATED WITH THE2
POND IS FUNCTIONAL; AND3
(c) T
HE APPROXIMATE SURFACE AREA OF THE POND HAS NOT4
CHANGED.5
(7) I
F THE STATE ENGINEER DENIES AN APPLICATION FOR THE6
DESIGNATION OF A POND AS A FIRE SUPPRESSION POND , THE STATE7
ENGINEER SHALL PROVIDE THE APPLICANT BOARD OF COUNTY8
COMMISSIONERS THE REASONS FOR THE STATE ENGINEER 'S DENIAL AND AN9
OPPORTUNITY TO DISCUSS THE DENIAL WITH THE STATE ENGINEER .10
(8) (a) T
HE DESIGNATION OF A POND AS A FIRE SUPPRESSION POND11
PURSUANT TO THIS SECTION EXPIRES FIFTEEN
YEARS AFTER THE DATE OF12
THE DESIGNATION.13
(b) N
O SOONER THAN THREE HUNDRED SIXTY -FIVE DAYS BEFORE
14
THE EXPIRATION OF THE DESIGNATION OF A POND AS A FIRE SUPPRESSION15
POND, THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY IN WHICH16
THE POND IS LOCATED AND THE FIRE PROTECTION DISTRICT OR FIRE17
AUTHORITY MAY PERFORM A NEEDS ASSESSMENT OF THE POND , AS18
DESCRIBED IN SECTION 37-82-107 (3), IF THE BOARD DESIRES THAT THE19
POND BE RECERTIFIED AS A FIRE SUPPRESSION POND .20
(c) I
F THE NEEDS ASSESSMENT DESCRIBED IN SUBSECTION (8)(b) OF21
THIS SECTION INDICATES THAT THE POND CONTINUES TO SATISFY THE22
CRITERIA ESTABLISHED BY RULES PROMULGATED PURSUANT TO SECTION23
37-82-107 (5)
, THE BOARD AND THE FIRE PROTECTION DISTRICT OR FIRE24
AUTHORITY SHALL NOTIFY THE STATE ENGINEER OF SUCH FACT , AND THE25
STATE ENGINEER SHALL REDESIGNATE THE POND AS A FIRE SUPPRESSION26
POND.27
114
-11- (d) IF THE NEEDS ASSESSMENT DESCRIBED IN SUBSECTION (8)(b)1
OF THIS SECTION INDICATES THAT THE POND NO L ONGER SATISFIES THE2
CRITERIA ESTABLISHED BY RULES PROMULGATED PURSUANT TO SECTION3
37-82-107 (5), THE BOARD AND THE FIRE PROTECTION DISTRICT OR FIRE4
AUTHORITY SHALL EITHER:5
(I) N
OTIFY THE STATE ENGINEER THAT THE DESIGNATION OF THE6
POND AS A FIRE SUPPRESSION POND SHOULD BE RESCINDED OR ALLOWED7
TO EXPIRE; OR8
(II) P
ROVIDE TO THE STATE ENGINEER A PLAN AND TIMELINE FOR9
BRINGING THE POND BACK INTO COMPLIANCE WITH THE CRITERIA .10
(9) T
HE STATE ENGINEER SHALL ESTABLISH A
DATABASE FOR11
THE ADMINISTRATION OF PONDS THAT ARE DESIGNATED AS FIRE12
SUPPRESSION PONDS PURSUANT TO THIS SECTION .13
(10) (a) NOTWITHSTANDING ANY PROVISION OF LAW TO THE14
CONTRARY, THE STATE ENGINEER SHALL NOT:15
(I) D
ESIGNATE MORE THAN THIRTY TOTAL SURFACE ACRES OF
16
POND IN ANY COUNTY AS A FIRE SUPPRESSION POND ; OR17
(II) D
ESIGNATE ANY POND AS A FIRE SUPPRESSION POND UNLESS :
18
(A) T
HE POND EXISTED WITH THE SAME OR GREATER SURFACE
19
AREA AS OF JUNE 1, 1972;20
(B) D
ECREED STORAGE RIGHTS FOR THE POND ARE LIMITED TO
21
USE WITHIN THE POND AND ONLY LIVESTOCK WATERING , WILDLIFE, OR22
OTHER NONCONSUMPTIVE USES ;23
(C) T
HE POND IS NOT INCLUDED AS A STRUCTURE IN A DECREED
24
PLAN FOR AUGMENTATION , AN APPROPRIATIVE RIGHT OF EXCHANGE , OR25
A STATE-APPROVED SUBSTITUTE WATER SUPPLY PLAN ;26
(D) T
HE SURFACE AREA OF THE POND DOES NOT EXCEED SIX
27
114
-12- ACRES; 1
(E) T
HE BOARD OF COUNTY COMMISSIONERS THAT REQUESTED
2
THE DESIGNATION HAS PROVIDED NOTICE OF THE REQUEST TO INTERESTED3
PARTIES INCLUDED IN THE SUBSTITUTE WATER SUPPLY PLAN NOTIFICATION4
LIST ESTABLISHED PURSUANT TO SECTION 37-92-308 (6) FOR THE WATER5
DIVISION IN WHICH THE POND IS LOCATED; AND6
(F) THE STATE ENGINEER DETERMINES THAT EVIDENCE PROVIDED7
BY A HOLDER OF A DECREED WATER RIGHT IN RESPONSE TO THE NOTICE8
DESCRIBED IN SUBSECTION (10)(a)(I)(E) OF THIS SECTION WAS9
INSUFFICIENT TO REBUT THE PRESUMPTION OF NO MATERIAL INJURY, AS10
DESCRIBED IN SECTION 37-92-602 (8)(i).11
(b) T
HE NOTICE DESCRIBED IN SUBSECTION (10)(a)(II)(E) OF THIS
12
SECTION MUST INCLUDE:13
(I) T
HE RESULTS OF THE NEEDS ASSESSMENT CONDUCTED FOR THE
14
POND PURSUANT TO SECTION 37-82-107 (3)(a)(II), INCLUDING A SUMMARY15
OF FINDINGS;16
(II) A
COPY OF THE APPLICATION FOR DESIGNATION OF THE POND
17
AS A FIRE SUPPRESSION POND; AND18
(III) A
STATEMENT THAT A HOLDER OF A DECREED WATER RIGHT
19
HAS ONE HUNDRED FORTY DAYS AFTER THE SUBMISSION OF THE20
APPLICATION TO PROVIDE EVIDENCE OF MATERIAL INJURY TO THE STATE21
ENGINEER, AS DESCRIBED IN SECTION 37-92-602 (8)(i).22
(c) I
N SUBMITTING AN APPLICATION FOR THE DESIGNATION OF A
23
POND AS A FIRE SUPPRESSION POND, A BOARD OF COUNTY COMMISSIONERS24
MUST INCLUDE WITH THE APPLICATION EVIDENCE THAT THE BOARD25
PROVIDED THE NOTICE DESCRIBED IN SUBSECTION (10)(a)(II)(E) OF THIS26
SECTION.27
114
-13- (11) AFTER A BOARD OF COUNTY COMMISSIONERS SUBMITS AN1
APPLICATION TO THE STATE ENGINEER FOR THE DESIGNATION OF A FIRE2
SUPPRESSION POND PURSUANT TO SECTION 37-82-107, A HOLDER OF A3
DECREED WATER RIGHT MAY REQUEST THAT IF THE STATE ENGINEER4
DESIGNATES THE POND AS A FIRE SUPPRESSION POND, THE STATE ENGINEER5
SHALL PROVIDE NOTICE OF THE DESIGNATION TO THE HOLDER OF THE6
DECREED WATER RIGHT WITHIN FOURTEEN DAYS AFTER THE DESIGNATION.7
IF THE STATE ENGINEER RECEIVES SUCH A REQUEST, THE STATE ENGINEER8
SHALL PROVIDE SUCH NOTICE.9
(12) (a) WITHIN SEVENTY DAYS AFTER THE STATE ENGINEER10
DESIGNATES A POND AS A FIRE SUPPRESSION POND , A HOLDER OF A11
DECREED WATER RIGHT MAY FILE WITH THE WATER CLERK OF THE WATER12
DIVISION IN WHICH THE FIRE SUPPRESSION POND IS LOCATED A PETITION13
FOR REVIEW OF THE STATE ENGINEER'S DECISION.14
(b) U
PON RECEIVING A PETITION DESCRIBED IN SUBSECTION (11)(a)
15
OF THIS SECTION, A WATER JUDGE SHALL CONDUCT A REVIEW OF THE16
STATE ENGINEER'S DECISION DE NOVO BASED ON THE ADMINISTRATIVE17
RECORD.18
(c) N
OTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE
19
CONTRARY, A WATER JUDGE MAY NULLIFY THE STATE ENGINEER 'S20
DESIGNATION OF A POND AS A FIRE SUPPRESSION POND IF , AFTER21
CONSIDERING THE ENTIRE RECORD , INCLUDING ANY EVIDENCE OF22
MATERIAL INJURY, THE JUDGE FINDS THAT:23
(I) I
N APPLYING FOR SUCH DESIGNATION, THE BOARD OF COUNTY
24
COMMISSIONERS DID NOT DESCRIBE A POND THAT COMPLIES WITH25
CRITERIA ESTABLISHED BY RULES PROMULGATED BY THE DIRECTOR OF THE26
DIVISION OF FIRE PREVENTION AND CONTROL IN THE DEPARTMENT OF27
114
-14- PUBLIC SAFETY PURSUANT TO SECTION 37-82-107 (5); OR1
(II) T
HE STATE ENGINEER'S DECISION DID NOT ACCORD WITH THE
2
REQUIREMENTS SET FORTH IN SUBSECTION (10) OF THIS SECTION.3
SECTION 4. In Colorado Revised Statutes, 37-92-602, amend4
(8)(a) and (8)(b) introductory portion; and add (8)(b)(III) and (8)(i) as5
follows:6
37-92-602. Exemptions - presumptions - legislative declaration7
- definitions. (8) (a) The general assembly hereby declares that storm8
water detention and infiltration facilities, and post-wildland fire facilities,9
AND FIRE SUPPRESSION PONDS are essential for the protection of public10
safety and welfare, property, and the environment.11
(b) For the purposes of AS USED IN this subsection (8):12
(III) "F
IRE SUPPRESSION POND" MEANS A POND WITH WATER THAT
13
MAY BE USED IN A FIRE EMERGENCY, WHICH POND HAS BEEN:14
(A) I
DENTIFIED AS A POTENTIAL FIRE SUPPRESSION POND BY A15
BOARD OF COUNTY COMMISSIONERS IN CONSULTATION WITH A FIRE16
PROTECTION DISTRICT
OR FIRE AUTHORITY PURSUANT TO SECTION17
37-82-107;
AND18
(B) D
ESIGNATED AS A FIRE SUPPRESSION POND BY THE STATE19
ENGINEER PURSUANT TO SECTION 37-80-124.20
(i) I
F A BOARD OF COUNTY COMMISSIONERS APPLIES TO THE STATE
21
ENGINEER FOR THE DESIGNATION OF A FIRE SUPPRESSION POND PURSUANT22
TO SECTION 37-82-107, AND THE REQUIREMENTS OF SECTION 37-80-12423
(10)
AND ANY RULES PROMULGATED BY THE DIVISION OF FIRE PREVENTION
24
AND CONTROL PURSUANT TO SECTION 37-82-107 (5) ARE SATISFIED, THE25
PROPOSED FIRE SUPPRESSION POND IS PRESUMED TO CAUSE NO MATERIAL26
INJURY TO THE VESTED WATER RIGHTS OF OTHERS . A HOLDER OF A27
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EVIDENCE TO THE STATE ENGINEER SUFFICIENT TO SHOW THAT MATERIAL2
INJURY HAS OCCURRED OR WILL OCCUR TO THE DECREED WATER RIGHT .3
SECTION 5. Appropriation. (1) For the 2022-23 state fiscal4
year, $19,428 is appropriated to the department of natural resources for5
use by the executive director's office. This appropriation is from the6
general fund. To implement this act, the department may use this7
appropriation as follows:8
(a) $11,828 for the purchase of legal services.9
(b) $7,600 for the purchase of information technology services.10
(2) For the 2022-23 state fiscal year, $11,828 is appropriated to11
the department of law. This appropriation is from reappropriated funds12
received from the department of natural resources under subsection (1)(a)13
of this section. To implement this act, the department of law may use this14
appropriation to provide legal services for the department of natural15
resources.16
(3) For the 2022-23 state fiscal year, $7,600 is appropriated to the17
office of the governor for use by the office of information technology.18
This appropriation is from reappropriated funds received from the19
department of natural resources under subsection (1)(b) of this section. To20
implement this act, the office may use this appropriation to provide21
information technology services for the department of natural resources.22
SECTION 6. Act subject to petition - effective date. This act23
takes effect at 12:01 a.m. on the day following the expiration of the24
ninety-day period after final adjournment of the general assembly; except25
that, if a referendum petition is filed pursuant to section 1 (3) of article V26
of the state constitution against this act or an item, section, or part of this27
114
-16- act within such period, then the act, item, section, or part will not take1
effect unless approved by the people at the general election to be held in2
November 2022 and, in such case, will take effect on the date of the3
official declaration of the vote thereon by the governor.4
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