SENATE BILL 22-114
BY SENATOR(S) Hisey and Story, Danielson, Priola, Rodriguez;
also REPRESENTATIVE(S) Roberts and Catlin, McCluskie, Pico, Bernett,
Bird, Boesenecker, Carver, Esgar, Exum, Herod, Hooton, Jodeh, Lindsay,
Lynch, McCormick, Michaelson Jenet, Mullica, Snyder, Titone, Woodrow.
C
ONCERNING FIRE SUPPRESSION PONDS , AND, IN CONNECTION THEREWITH,
MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds that:
(a) Colorado is facing a wildfire crisis;
(b) In 2020, Colorado experienced three of the largest wildfires in
its history, and in 2021, the Marshall fire broke yet another record,
becoming the most destructive fire in Colorado history by burning more
than one thousand homes worth five hundred million dollars in total;
(c) These four recent and catastrophic wildfires burned more than
six hundred thousand acres, causing significant devastation and property
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. loss;
(d) The Colorado state forest service and the front range watershed
wildfire protection working group have found that high-severity fires can
significantly impact water quality and watershed conditions;
(e) Recent fires have tended to be much larger and more severe than
those in the past, and as such, have severely damaged soils and watersheds,
leading to heavy erosion and sediment damage in streams; and
(f) Functional watersheds are vital for water quality and healthy
ecosystems and to protect water resources from post-fire flood damage.
(2) The general assembly also finds that:
(a) More resources are needed for wildfire mitigation to reduce fire
risk and to keep fires from becoming large and catastrophic;
(b) Although Colorado is committed to taking meaningful action to
mitigate wildfires, several remote areas in the state lack sufficient resources
to suppress fires without external support;
(c) In emergency situations, rapid action is vital and any delay
increases the risk of a fire becoming catastrophic;
(d) In the past, the general assembly has recognized the need to use
available water resources in a fire event and has authorized the emergency
use of wells for firefighting purposes;
(e) Using water resources to fight fires in emergencies is in the
public interest and may be critical in protecting life, property, and
infrastructure;
(f) When water is not available in close proximity, firefighters may
also rely on nearby ponds to fill fire trucks and suppress fires as quickly as
possible;
(g) Existing ponds in Colorado have proven to be critical fire
suppression resources, particularly in remote areas that are not equipped
with other fire suppression resources such as fire hydrants;
PAGE 2-SENATE BILL 22-114 (h) The state engineer may order ponds to be drained or backfilled
if they are found to deplete streams out of priority;
(i) Some ponds that are subject to drainage may be critical
firefighting resources for remote, high-risk areas of Colorado, and if such
ponds are drained, firefighters could be left ill-equipped to respond to and
suppress fires;
(j) A process is necessary to preserve ponds that are deemed critical
for firefighting purposes; and
(k) Preserving fire suppression ponds will help:
(I) Ensure resources are available to help keep communities safe in
the event of structure fires, grassland fires, and other fire emergencies; and
(II) Keep fires from becoming large and thereby protect lives,
homes, critical watersheds, water supply assets, infrastructure, and key
ecological and wildlife resources.
(3) Therefore, the general assembly declares that it is in the public
interest to create a process to identify, designate, and preserve critical fire
suppression ponds.
SECTION 2. In Colorado Revised Statutes, add 37-82-107 as
follows:
37-82-107. Fire suppression ponds - legislative declaration -
needs assessment - notice of consideration required - restriction on
draining of ponds - rules - no water right created - repeal. (1) T
HE
GENERAL ASSEMBLY HEREBY DECLARES THAT
:
(a) F
IRE 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
PAGE 3-SENATE BILL 22-114 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) B
EFORE 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) I
DENTIFY PONDS IN LOCATIONS WHERE THE OUTBREAK OF A FIRE
COULD RESULT IN A MAJOR WILDFIRE DISASTER
;
(II) P
ERFORM 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) I
N 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) I
DENTIFY THE REFILL MECHANISM OF THE POND , WHETHER BY:
(A) G
ROUNDWATER;
(B) D
IVERSION ON THE STREAM CHANNEL ;
(C) D
IVERSION 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
PAGE 4-SENATE BILL 22-114 CONTROL PURSUANT TO SUBSECTION (5) OF THIS SECTION.
(c) I
F 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) I
F 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) U
NLESS 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) I
F 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
;
(b) I
F 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
; OR
(c) (I) ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION , AND
UNTIL THE DATE UPON WHICH THE DIRECTOR OF THE DIVISION OF FIRE
PREVENTION AND CONTROL PROMULGATES RULES PURSUANT TO SUBSECTION
(5) OF THIS SECTION; EXCEPT THAT, DURING SUCH TIME, THE STATE
ENGINEER MAY ENFORCE AN ORDER TO DRAIN A POND IF THE STATE
ENGINEER FIRST PROVIDES NOTICE OF THE ORDER TO THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY IN WHICH THE POND IS LOCATED AND
ALLOWS THE BOARD FOURTEEN DAYS TO RESPOND
.
(II) T
HIS SUBSECTION (4)(c) IS REPEALED, EFFECTIVE JULY 1, 2023.
PAGE 5-SENATE BILL 22-114 (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) B
E READILY ACCESSIBLE BY A FIRE PROTECTION DISTRICT , FIRE
AUTHORITY
, FIRE DEPARTMENT, OR OTHER FIREFIGHTING ENTITY;
(II) B
E 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) B
EFORE 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) T
HE STATE ENGINEER;
(II) L
OCAL GOVERNMENTS, INCLUDING COUNTIES;
(III) W
ATER PROVIDERS;
(IV) F
IRE PROTECTION DISTRICTS, FIRE AUTHORITIES, AND OTHER
FIREFIGHTING ENTITIES
; AND
(V) BASIN ROUNDTABLES.
(6) N
OTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY ,
A FIRE SUPPRESSION POND AND THE WATER ASSOCIATED WITH IT :
(a) A
RE NOT CONSIDERED A WATER RIGHT , AS DEFINED IN SECTION
37-92-103 (12);
PAGE 6-SENATE BILL 22-114 (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) T
HE 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
.
SECTION 3. In Colorado Revised Statutes, add 37-80-124 as
follows:
37-80-124. State engineer - designation of fire suppression ponds
- conditional requirements - inspections - expiration of designation -
database - reviews by water courts. (1) F
OR THE PURPOSES OF SECTION
37-82-107, THE STATE ENGINEER SHALL:
(a) R
EVIEW APPLICATIONS RECEIVED FROM BOARDS OF COUNTY
COMMISSIONERS CONCERNING THE DESIGNATION OF PONDS AS FIRE
SUPPRESSION PONDS
; AND
(b) AT THE STATE ENGINEER'S DISCRETION, DESIGNATE PONDS AS
FIRE SUPPRESSION PONDS
.
(2) I
N CONSIDERING WHETHER TO DESIGNATE A POND AS A FIRE
SUPPRESSION POND
, THE STATE ENGINEER SHALL:
(a) C
ONSIDER WHETHER THE NEEDS ASSESSMENT PERFORMED FOR
THE POND PURSUANT TO SECTION
37-82-107 (3)(a)(II) EVALUATED THE
CRITERIA ESTABLISHED BY RULES PROMULGATED BY THE DIVISION OF FIRE
PREVENTION AND CONTROL PURSUANT TO SECTION
37-82-107 (5); AND
(b) VERIFY THAT THE POND SATISFIES THE REQUIREMENTS
DESCRIBED IN SUBSECTION
(10)(a)(II) OF THIS SECTION.
(3) T
HE STATE ENGINEER MAY ESTABLISH A STANDARD WRITTEN OR
PAGE 7-SENATE BILL 22-114 ELECTRONIC FORM FOR BOARDS OF COUNTY COMMISSIONERS TO USE TO
APPLY FOR THE DESIGNATION OF A POND AS A FIRE SUPPRESSION POND
.
(4) W
ITHIN ONE HUNDRED FIFTY-FOUR DAYS AFTER RECEIVING AN
APPLICATION TO DESIGNATE A FIRE SUPPRESSION POND
, THE STATE ENGINEER
SHALL
:
(a) R
EVIEW THE APPLICATION; AND
(b) AT THE STATE ENGINEER'S DISCRETION, DESIGNATE A POND AS A
FIRE SUPPRESSION POND
, DENY THE APPLICATION, SCHEDULE A HEARING, OR
REQUEST ADDITIONAL INFORMATION
.
(5) A
S A CONDITION OF DESIGNATING A POND AS A FIRE SUPPRESSION
POND PURSUANT TO THIS SECTION
, THE STATE ENGINEER MAY IMPOSE
REASONABLE REQUIREMENTS ON A BOARD OF COUNTY COMMISSIONERS
,
INCLUDING REQUIREMENTS FOR MEASURING AND RECORDING DEVICES .
(6) I
F THE STATE ENGINEER DESIGNATES A POND AS A FIRE
SUPPRESSION POND PURSUANT TO THIS SECTION
, THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY IN WHICH THE POND IS LOCATED AND THE
FIRE PROTECTION DISTRICT OR FIRE AUTHORITY SHALL INSPECT THE POND AT
LEAST ANNUALLY TO ENSURE THAT
:
(a) T
HE POND IS PROPERLY MAINTAINED;
(b) A
NY FIREFIGHTING INFRASTRUCTURE ASSOCIATED WITH THE
POND IS FUNCTIONAL
; AND
(c) THE APPROXIMATE SURFACE AREA OF THE POND HAS NOT
CHANGED
.
(7) I
F THE STATE ENGINEER DENIES AN APPLICATION FOR THE
DESIGNATION OF A POND AS A FIRE SUPPRESSION POND
, THE STATE ENGINEER
SHALL PROVIDE THE APPLICANT BOARD OF COUNTY COMMISSIONERS THE
REASONS FOR THE STATE ENGINEER
'S DENIAL AND AN OPPORTUNITY TO
DISCUSS THE DENIAL WITH THE STATE ENGINEER
.
(8) (a) T
HE DESIGNATION OF A POND AS A FIRE SUPPRESSION POND
PURSUANT TO THIS SECTION EXPIRES FIFTEEN YEARS AFTER THE DATE OF THE
PAGE 8-SENATE BILL 22-114 DESIGNATION.
(b) N
O SOONER THAN THREE HUNDRED SIXTY -FIVE DAYS BEFORE THE
EXPIRATION OF THE DESIGNATION OF A POND AS A FIRE SUPPRESSION POND
,
THE BOARD OF COUNTY COMMISSIONERS OF THE C OUNTY IN WHICH THE POND
IS LOCATED AND THE FIRE PROTECTION DISTRICT OR FIRE AUTHORITY MAY
PERFORM A NEEDS ASSESSMENT OF THE POND
, AS DESCRIBED IN SECTION
37-82-107 (3), IF THE BOARD DESIRES THAT THE POND BE RECERTIFIED AS A
FIRE SUPPRESSION POND
.
(c) I
F THE NEEDS ASSESSMENT DESCRIBED IN SUBSECTION (8)(b) OF
THIS SECTION INDICATES THAT THE POND CONTINUES TO SATISFY THE
CRITERIA ESTABLISHED BY RULES PROMULGATED PURSUANT TO SECTION
37-82-107 (5), THE BOARD AND THE FIRE PROTECTION DISTRICT OR FIRE
AUTHORITY SHALL NOTIFY THE STATE ENGINEER OF SUCH FACT
, AND THE
STATE ENGINEER SHALL REDESIGNATE THE POND AS A FIRE SUPPRESSION
POND
.
(d) I
F THE NEEDS ASSESSMENT DESCRIBED IN SUBSECTION (8)(b) OF
THIS SECTION INDICATES THAT THE POND NO LONGER SATISFIES THE
CRITERIA ESTABLISHED BY RULES PROMULGATED PURSUANT TO SECTION
37-82-107 (5), THE BOARD AND THE FIRE PROTECTION DISTRICT OR FIRE
AUTHORITY SHALL EITHER
:
(I) N
OTIFY THE STATE ENGINEER THAT THE DESIGNATION OF THE
POND AS A FIRE SUPPRESSION POND SHOULD BE RESCINDED OR ALLOWED TO
EXPIRE
; OR
(II) PROVIDE TO THE STATE ENGINEER A PLAN AND TIMELINE FOR
BRINGING THE POND BACK INTO COMPLIANCE WITH THE CRITERIA
.
(9) T
HE STATE ENGINEER SHALL ESTABLISH A DATABASE FOR THE
ADMINISTRATION OF PONDS THAT ARE DESIGNATED AS FIRE SUPPRESSION
PONDS PURSUANT TO THIS SECTION
.
(10) (a) N
OTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY
, THE STATE ENGINEER SHALL NOT:
(I) D
ESIGNATE MORE THAN THIRTY TOTAL SURFACE ACRES OF POND
IN ANY COUNTY AS A FIRE SUPPRESSION POND
; OR
PAGE 9-SENATE BILL 22-114 (II) DESIGNATE ANY POND AS A FIRE SUPPRESSION POND UNLESS :
(A) T
HE POND EXISTED WITH THE SAME OR GREATER SURFACE AREA
AS OF
JUNE 1, 1972;
(B) D
ECREED STORAGE RIGHTS FOR THE POND ARE LIMITED TO USE
WITHIN THE POND AND ONLY LIVESTOCK WATERING
, WILDLIFE, OR OTHER
NONCONSUMPTIVE USES
;
(C) T
HE POND IS NOT INCLUDED AS A STRUCTURE IN A DECREED
PLAN FOR AUGMENTATION
, AN APPROPRIATIVE RIGHT OF EXCHANGE , OR A
STATE
-APPROVED SUBSTITUTE WATER SUPPLY PLAN ;
(D) T
HE SURFACE AREA OF THE POND DOES NOT EXCEED SIX ACRES ;
(E) T
HE BOARD OF COUNTY COMMISSIONERS THAT REQUESTED THE
DESIGNATION HAS PROVIDED NOTICE OF THE REQUEST TO INTERESTED
PARTIES INCLUDED IN THE SUBSTITUTE WATER SUPPLY PLAN NOTIFICATION
LIST ESTABLISHED PURSUANT TO SECTION
37-92-308 (6) FOR THE WATER
DIVISION IN WHICH THE POND IS LOCATED
; AND
(F) THE STATE ENGINEER DETERMINES THAT EVIDENCE PROVIDED BY
A HOLDER OF A DECREED WATER RIGHT IN RESPONSE TO THE NOTICE
DESCRIBED IN SUBSECTION
(10)(a)(II)(E) OF THIS SECTION WAS INSUFFICIENT
TO REBUT THE PRESUMPTION OF NO MATERIAL INJURY
, AS DESCRIBED IN
SECTION
37-92-602 (8)(i).
(b) T
HE NOTICE DESCRIBED IN SUBSECTION (10)(a)(II)(E) OF THIS
SECTION MUST INCLUDE
:
(I) T
HE RESULTS OF THE NEEDS ASSESSMENT CONDUCTED FOR THE
POND PURSUANT TO SECTION
37-82-107 (3)(a)(II), INCLUDING A SUMMARY
OF FINDINGS
;
(II) A
COPY OF THE APPLICATION FOR DESIGNATION OF THE POND AS
A FIRE SUPPRESSION POND
; AND
(III) A STATEMENT THAT A HOLDER OF A DECREED WATER RIGHT HAS
ONE HUNDRED FORTY DAYS AFTER THE SUBMISSION OF THE APPLICATION TO
PROVIDE EVIDENCE OF MATERIAL INJURY TO THE STATE ENGINEER
, AS
PAGE 10-SENATE BILL 22-114 DESCRIBED IN SECTION 37-92-602 (8)(i).
(c) I
N SUBMITTING AN APPLICATION FOR THE DESIGNATION OF A
POND AS A FIRE SUPPRESSION POND
, A BOARD OF COUNTY COMMISSIONERS
MUST INCLUDE WITH THE APPLICATION EVIDENCE THAT THE BOARD
PROVIDED THE NOTICE DESCRIBED IN SUBSECTION
(10)(a)(II)(E) OF THIS
SECTION
.
(11) A
FTER A BOARD OF COUNTY COMMISSIONERS SUBMITS AN
APPLICATION TO THE STATE ENGINEER FOR THE DESIGNATION OF A FIRE
SUPPRESSION POND PURSUANT TO SECTION
37-82-107, A HOLDER OF A
DECREED WATER RIGHT MAY REQUEST THAT
, IF THE STATE ENGINEER
DESIGNATES THE POND AS A FIRE SUPPRESSION POND
, THE STATE ENGINEER
SHALL PROVIDE NOTICE OF THE DESIGNATION TO THE HOLDER OF THE
DECREED WATER RIGHT WITHIN FOURTEEN DAYS AFTER THE DESIGNATION
.
I
F THE STATE ENGINEER RECEIVES SUCH A REQUEST , THE STATE ENGINEER
SHALL PROVIDE SUCH NOTICE
.
(12) (a) W
ITHIN SEVENTY DAYS AFTER THE STATE ENGINEER
DESIGNATES A POND AS A FIRE SUPPRESSION POND
, A HOLDER OF A DECREED
WATER RIGHT MAY FILE WITH THE WATER CLERK OF THE WATER DIVISION IN
WHICH THE FIRE SUPPRESSION POND IS LOCATED A PETITION FOR REVIEW OF
THE STATE ENGINEER
'S DECISION.
(b) U
PON RECEIVING A PETITION DESCRIBED IN SUBSECTION (12)(a)
OF THIS SECTION, A WATER JUDGE SHALL CONDUCT A REVIEW OF THE STATE
ENGINEER
'S DECISION DE NOVO BASED ON THE ADMINISTRATIVE RECORD .
(c) N
OTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE
CONTRARY
, A WATER JUDGE MAY NULLIFY THE STATE ENGINEER 'S
DESIGNATION OF A POND AS A FIRE SUPPRESSION POND IF
, AFTER
CONSIDERING THE ENTIRE RECORD
, INCLUDING ANY EVIDENCE OF MATERIAL
INJURY
, THE JUDGE FINDS THAT:
(I) I
N APPLYING FOR SUCH DESIGNATION , THE BOARD OF COUNTY
COMMISSIONERS DID NOT DESCRIBE A POND THAT COMPLIES WITH CRITERIA
ESTABLISHED BY RULES PROMULGATED BY THE DIRECTOR OF THE DIVISION
OF FIRE PREVENTION AND CONTROL IN THE DEPARTMENT OF PUBLIC SAFETY
PURSUANT TO SECTION
37-82-107 (5); OR
PAGE 11-SENATE BILL 22-114 (II) THE STATE ENGINEER'S DECISION DID NOT ACCORD WITH THE
REQUIREMENTS SET FORTH IN SUBSECTION
(10) OF THIS SECTION.
SECTION 4. In Colorado Revised Statutes, 37-92-602, amend
(8)(a) and (8)(b) introductory portion; and add (8)(b)(III) and (8)(i) as
follows:
37-92-602. Exemptions - presumptions - legislative declaration
- definitions. (8) (a) The general assembly hereby declares that storm water
detention and infiltration facilities, and
post-wildland fire facilities, AND
FIRE SUPPRESSION PONDS
are essential for the protection of public safety and
welfare, property, and the environment.
(b) For the purposes of
AS USED IN this subsection (8):
(III) "F
IRE SUPPRESSION POND" MEANS A POND WITH WATER THAT
MAY BE USED IN A FIRE EMERGENCY
, WHICH POND HAS BEEN:
(A) I
DENTIFIED AS A POTENTIAL FIRE SUPPRESSION POND BY A BOARD
OF COUNTY COMMISSIONERS IN CONSULTATION WITH A FIRE PROTECTION
DISTRICT OR FIRE AUTHORITY PURSUANT TO SECTION
37-82-107; AND
(B) DESIGNATED AS A FIRE SUPPRESSION POND BY THE STATE
ENGINEER PURSUANT TO SECTION
37-80-124.
(i) I
F A BOARD OF COUNTY COMMISSIONERS APPLIES TO THE STATE
ENGINEER FOR THE DESIGNATION OF A FIRE SUPPRESSION POND PURSUANT TO
SECTION
37-82-107, AND THE REQUIREMENTS OF SECTION 37-80-124 (10)
AND ANY RULES PROMULGATED BY THE DIVISION OF FIRE PREVENTION AND
CONTROL PURSUANT TO SECTION
37-82-107 (5) ARE SATISFIED, THE
PROPOSED FIRE SUPPRESSION POND IS PRESUMED TO CAUSE NO MATERIAL
INJURY TO THE VESTED WATER RIGHTS OF OTHERS
. A HOLDER OF A DECREED
WATER RIGHT MAY REBUT THE PRESUMPTION BY PROVIDING EVIDENCE TO
THE STATE ENGINEER SUFFICIENT TO SHOW THAT MATERIAL INJURY HAS
OCCURRED OR WILL OCCUR TO THE DECREED WATER RIGHT
.
SECTION 5. Appropriation. (1) For the 2022-23 state fiscal year,
$19,428 is appropriated to the department of natural resources for use by the
executive director's office. This appropriation is from the general fund. To
implement this act, the department may use this appropriation as follows:
PAGE 12-SENATE BILL 22-114 (a) $11,828 for the purchase of legal services.
(b) $7,600 for the purchase of information technology services.
(2) For the 2022-23 state fiscal year, $11,828 is appropriated to the
department of law. This appropriation is from reappropriated funds received
from the department of natural resources under subsection (1)(a) of this
section. To implement this act, the department of law may use this
appropriation to provide legal services for the department of natural
resources.
(3) For the 2022-23 state fiscal year, $7,600 is appropriated to the
office of the governor for use by the office of information technology. This
appropriation is from reappropriated funds received from the department of
natural resources under subsection (1)(b) of this section. To implement this
act, the office may use this appropriation to provide information technology
services for the department of natural resources.
SECTION 6. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 13-SENATE BILL 22-114 November 2022 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Steve Fenberg Alec Garnett
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 14-SENATE BILL 22-114