First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 25-0523.01 Clare Haffner x6137
HOUSE BILL 25-1014
House Committees Senate Committees
Agriculture, Water & Natural Resources Agriculture & Natural Resources
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING MEASURES TO INCREAS E EFFICIENCY IN DIVISION OF101
WATER RESOURCES PROCESSES .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
.)
The division of water resources in the department of natural
resources (division) is responsible for administering water rights and
issuing water well permits, among other duties.
Under current law, after having received a permit to appropriate
designated groundwater or construct a well outside the boundaries of a
designated groundwater basin, a permit holder is required to construct the
SENATE
3rd Reading Unamended
April 14, 2025
SENATE
2nd Reading Unamended
April 11, 2025
HOUSE
3rd Reading Unamended
March 5, 2025
HOUSE
Amended 2nd Reading
March 4, 2025
HOUSE SPONSORSHIP
Johnson and Lukens, Bacon, Bird, Boesenecker, Brown, Caldwell, Duran, Joseph, Keltie,
Lieder, Lindsay, Martinez, Mauro, McCluskie, McCormick, Richardson, Smith, Stewart K.,
Story, Titone, Willford, Winter T.
SENATE SPONSORSHIP
Roberts and Simpson, Amabile, Catlin, Cutter, Jodeh, Kipp, Michaelson Jenet, Winter F.
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. well within one year after the date of issuance of the permit. If the well
is not constructed within one year, the permit expires; except that the
ground water commission (commission) in the division or the state
engineer, as applicable, may grant a single one-year extension.
The bill extends the time frame for construction of a well to 2
years, eliminating the need for the commission or the state engineer to
approve a one-year extension to the initial one-year construction time
frame, except for permits issued for federally authorized water projects.
The bill also removes the requirement that the commission or state
engineer must mail a certified letter to the permit holder before a permit
can be formally expired. The bill allows the commission or state engineer
to reinstate an expired permit if the applicant for reinstatement of the
permit can show that the well was completed in a timely manner and
submits a $30 fee.
Under current law, the division engineer of each water division is
required to decennially present to the water court a list of water rights that
meet the criteria for abandonment. The bill splits this decennial
abandonment process into 2 batches, grouped by water division and
spaced 5 years apart, beginning with 2030 and 2035. The bill maintains
the requirement that the abandonment process be performed every 10
years in each water division.
The bill extends certain time frames relating to the well permitting
process. Lastly, the bill eliminates final permitting requirements for
non-Denver Basin bedrock aquifer wells in the designated basins.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 37-90-108, amend2
(1), (2), (3)(a), (4), and (6) as follows:3
37-90-108. Final permit - evidence of well construction and4
beneficial use - limitations - rules. (1) (a) After having received a5
conditional permit to appropriate designated groundwater, the applicant
6
A PERMIT HOLDER, within one year from TWO YEARS AFTER the date of the7
issuance of said THE permit, shall construct the well or other works8
necessary to apply the water to a beneficial use.9
(b) The applicant PERMIT HOLDER, upon completion of the well,10
shall furnish information to the commission, in the form
AND WITHIN THE11
1014-2- TIME FRAME prescribed by the commission BY RULE, as to the depth of the1
well, the water-bearing formations intercepted by the well, and the2
maximum sustained pumping rate in gallons per minute.3
(c) If the well described in the conditional permit is not4
constructed within one year from TWO YEARS AFTER the date of the5
issuance of the conditional permit as provided in this subsection (1), the6
conditional permit shall expire EXPIRES and be of HAS no force or effect.7
except that, upon a showing of good cause, the commission may grant8
one extension of time only for a period not to exceed one year. If9
EVIDENCE THAT the well has been constructed timely but the completion10
information required by this subsection (1) WITHIN TWO YEARS AFTER THE11
DATE THAT THE PERMIT WAS ISSUED has not been furnished to the12
commission
WITHIN THE TIME FRAME PRESCRIBED BY THE COMMISSION BY13
RULE, the procedures specified in subsection (6) of this section shall apply
14
CONDITIONAL PERMIT EXPIRES . THE COMMISSION SHALL NOTIFY THE15
PERMIT HOLDER AND, IF APPLICABLE, THE CONTRACTOR LISTED ON THE16
PERMIT APPLICATION THAT THE PERMIT IS EXPIRED .17
(d) T
HE COMMISSION MAY REINSTATE AN EXPIRED CONDITIONAL18
PERMIT IF THE COMMISSION RECEIVES SATISFACTORY EVIDENCE THAT THE19
WELL WAS CONSTRUCTED WITHIN TWO YEARS AFTER THE DATE THAT THE20
CONDITIONAL PERMIT WAS ISSUED , ACCOMPANIED BY A FILING FEE OF21
THIRTY DOLLARS. THE COMMISSION SHALL CONSIDER RECORDS OF THE22
COMMISSION AND EVIDENCE PROVIDED TO THE COMMISSION IN23
DETERMINING WHETHER THE CONDITIONAL PERMIT S HOULD BE24
REINSTATED.25
(e) S
UBSECTION (1)(d) OF THIS SECTION DOES NOT APPLY TO A26
PERMIT THAT WAS FORMALLY EXPIRED THROUGH AN ORDER ISSUED PRIOR27
1014
-3- TO SEPTEMBER 1, 2025, OR DUE TO LACK OF EVIDENCE THAT WATER WAS1
PLACED TO BENEFICIAL USE.2
(2) (a) If the well or wells described in a conditional permit have3
been constructed in compliance with subsection (1) of this section, the4
applicant PERMIT HOLDER, within three years after the date of the issuance5
of said THE permit, shall furnish by sworn affidavit, in the form6
prescribed by the commission, evidence that water from such THE well or7
wells has been put to beneficial use; except that this paragraph (a)8
SUBSECTION (2)(a) does not apply to a well described in a conditional9
permit to withdraw designated groundwater from the Dawson, Denver,10
Arapahoe, or Laramie-Fox Hills aquifers A BEDROCK AQUIFER.11
(b) Such affidavit shall be THE AFFIDAVIT IS prima facie evidence12
of the matters contained therein but shall be IN THE AFFIDAVIT BUT IS13
subject to objection by others, including ground water management14
districts, claiming to be injured thereby and to such verification and15
inquiry as the commission shall consider CONSIDERS appropriate in each16
particular case.17
(c) If such THE required affidavit is not furnished to the18
commission within the time and as provided in this subsection (2), the19
conditional permit shall expire EXPIRES and be of HAS no force or effect20
except as provided in subsection (4) of this section.21
(d) If the well described in a conditional permit issued to22
withdraw designated groundwater from the Dawson, Denver, Arapahoe,23
or Laramie-Fox Hills aquifers A BEDROCK AQUIFER has been constructed24
in compliance with subsection (1) of this section, the applicant PERMIT25
HOLDER shall file a notice with the commission of commencement of26
beneficial use on a form prescribed by the commission within thirty27
1014
-4- THIRTY-FIVE days after the first beneficial use of any water withdrawn1
from the well.2
(3) (a) (I) To the extent that the commission finds that water has3
been put to a beneficial use and that the other terms of the conditional4
permit have been complied with and after publication of the information5
required in the final permit, as provided in section 37-90-112, the6
commission shall order the state engineer to issue a final permit to use7
designated groundwater, containing such THE limitations and conditions8
as the commission deems necessary to prevent waste and to protect the9
rights of other appropriators. In determining the extent of beneficial use10
for the purpose of issuing final permits, the commission may use the same11
criteria for determining the amount of water used on each acre that has12
been irrigated that is used in evaluating the amount of water available for13
appropriation under section 37-90-107. This subparagraph (I)14
SUBSECTION (3)(a)(I) does not apply to a well described in a conditional15
permit issued to withdraw designated groundwater from the Dawson,16
Denver, Arapahoe, or Laramie-Fox Hills aquifers A BEDROCK AQUIFER.17
(II) A final permit is not required to be issued for a well described18
in a conditional permit to withdraw designated groundwater from the19
Dawson, Denver, Arapahoe, or Laramie-Fox Hills aquifers A BEDROCK20
AQUIFER. For such a well, a conditional permit, subject to the conditions21
of issuance of such a THE permit, shall be IS considered a final22
determination of a well's water right if the well is in compliance with all23
other applicable requirements of this article ARTICLE 90.24
(4) The procedural requirement that a statement of beneficial use25
shall be filed shall apply APPLIES to all permits wherein the water was HAS26
BEEN put to beneficial use since May 17, 1965. If information pertaining27
1014
-5- to completion of the well as required in subsection (1) of this section has1
been received but evidence that water has been placed to beneficial use2
has not been received as of three years after the date of issuance of the3
conditional permit, the commission shall so notify the applicant PERMIT4
HOLDER by certified mail. IN the notice, THE COMMISSION shall give the5
applicant PERMIT HOLDER the opportunity to submit proof that the water6
was put to beneficial use prior to three years after the date of issuance of7
the conditional permit. I
F INFORMATION PERTAINING TO COMPLETION OF8
THE WELL AS REQUIRED IN SUBSECTION (1) OF THIS SECTION HAS NOT BEEN9
RECEIVED, THE COMMISSION SHALL, IN THE NOTICE, GIVE THE PERMIT10
HOLDER THE OPPORTUNITY TO SUBMIT PROOF OF WELL COMPLETION11
ALONG WITH THE STATEMENT OF BENEFICIAL USE . The proof must be12
received by the commission within twenty
TWENTY-ONE days after receipt13
of the notice by the applicant PERMIT HOLDER, and, if the conditional14
permit was issued on or after July 14, 1975, the proof STATEMENT OF15
BENEFICIAL USE must be accompanied by a filing fee of thirty dollars. If16
the commission finds the proof to be satisfactory, the conditional permit17
shall remain REMAINS in force and effect AND MAY BE REINSTATED18
PURSUANT TO SUBSECTION (1)(d) OF THIS SECTION. IF A RESPONSE TO THE19
NOTICE IS NOT RECEIVED OR THE PROOF IS UNSATISFACTORY , THE20
CONDITIONAL PERMIT EXPIRES AND CANNOT BE REINSTATED . The21
commission shall consider any records of the commission and any22
evidence provided to the commission and all other matters set forth in this23
section in determining whether the conditional permit should remain in24
force and effect.25
(6) The procedural requirement that the well completion26
information required by subsection (1) SUBSECTION (1)(b) of this section27
1014
-6- be furnished to the commission shall apply APPLIES to all permits issued1
after May 17, 1965. If the well has been constructed within twenty-four2
months after the date of issuance of the permit where the permit was3
issued before June 7, 1979, or within twelve months after the date of4
issuance of the permit where the permit was issued on or after June 7,5
1979, or by the expiration date of the permit, including any extension, but6
the completion information has not been furnished to the commission7
within six months after said allowable time for the well completion, the8
commission shall so notify the applicant by certified mail. The notice9
shall give the applicant the opportunity to submit proof that the well was10
completed within the time specified above or by the expiration date of the11
permit and to submit the information required by subsection (1) of this12
section and a showing that, due to excusable neglect, inadvertence, or13
mistake, the applicant failed to submit the evidence and information on14
time. The proof and information must be received by the commission15
within twenty days after receipt of the notice by the applicant and must16
be accompanied by a filing fee of thirty dollars. If the commission finds17
the proof to be satisfactory, the permit shall remain in force and effect.18
The commission shall consider any records of the commission and any19
evidence provided to the commission and all other matters set forth in this20
section in determining whether the permit should remain in force and21
effect.22
SECTION 2. In Colorado Revised Statutes, 37-90-137, amend23
(3)(a)(I), (3)(c), and (3)(d); and add (3)(e) and (3)(f) as follows:24
37-90-137. Permits to construct wells outside designated25
basins - fees - permit no groundwater right - evidence - time26
limitation - well permits - rules. (3) (a) (I) A permit to construct a well27
1014
-7- outside the boundaries of a designated groundwater basin issued on or1
after April 21, 1967, shall expire one year after issuance unless, before2
the expiration and on forms as may be prescribed by the state engineer,3
the applicant to whom the permit was issued, or the well construction4
contractor, furnishes to the state engineer: EXPIRES TWO YEARS AFTER5
ISSUANCE UNLESS THE WELL IS CONSTRUCTED BEFORE THE EXPIRATION OF6
THE PERMIT.7
(A) Evidence that the well was constructed and that the pump was8
installed; or9
(B) A showing of good cause as to why the well has not been10
constructed nor the pump installed and an estimate of time necessary to11
complete the tasks, upon which the state engineer may extend the permit12
for only one additional period, not to exceed one year. The limitation on13
the extension of well permits provided in this sub-subparagraph (B) shall14
not apply to well permits for federally authorized water projects contained15
in paragraph (d) of this subsection (3). The state engineer shall charge a16
fee of two hundred dollars for the extension; except that, on and after July17
1, 2006, the state engineer shall charge a fee of sixty dollars for the18
extension.19
(c) If evidence that the well has been constructed and that the20
pump was installed, as required pursuant to paragraph (a) of this21
subsection (3), WITHIN TWO YEARS AFTER THE DATE THAT THE PERMIT22
WAS ISSUED has not been received as of the expiration date of the permit23
to construct a well FURNISHED TO THE STATE ENGINEER WITHIN THE TIME24
FRAME PRESCRIBED BY RULES ADOPTED PURS UANT TO SECTION 37-91-104,25
THE WELL PERMIT EXPIRES. The state engineer shall so notify the applicant26
by certified mail. The notice shall give the applicant the opportunity to27
1014
-8- submit evidence that the well was constructed and that the pump was1
installed before the expiration date. The evidence must be received by the2
state engineer within twenty-one days after receipt of the notice by the3
applicant and must be accompanied by a filing fee of thirty dollars. If the4
state engineer finds the evidence to be satisfactory, the permit shall5
remain in force and effect. The state engineer shall consider any records6
available in the state engineer's office, any evidence provided to the state7
engineer, and all other matters set forth in this section in determining8
whether the permit should remain in force and effect PERMIT HOLDER9
AND, IF APPLICABLE, THE CONTRACTOR LISTED ON THE PERMIT10
APPLICATION THAT THE WELL PERMIT IS EXPIRED .11
(d) In the case of federally authorized water projects wherein well12
permits are required by this section and have been secured, the expiration13
dates thereof OF THE PROJECTS may be extended for additional periods,14
NOT TO EXCEED ONE YEAR PER EXTENSION , based upon a finding of good15
cause by the state engineer following a review of any such project at least16
annually by the state engineer. T
HE STATE ENGINEER MAY EXTEND THE17
EXPIRATION OF A PERMIT IF THE PERSON TO WHOM THE PERMIT WAS18
ISSUED, ON FORMS AS MAY BE PRESCRIBED BY THE STATE ENGINEER ,19
FURNISHES TO THE STATE ENGINEER A SHOWING OF GOOD CAUSE AS TO20
WHY THE WELL HAS NOT BEEN CONSTRUCTED AND AN ESTIMATE OF TIME21
NECESSARY TO COMPLETE CONSTRUCTION .22
(e) T
HE STATE ENGINEER MAY REINSTATE AN EXPIRED WELL23
PERMIT IF THE STATE ENGINEER RECEIVES SATISFACTORY EVIDENCE THAT24
THE WELL WAS CONSTRUCTED WITHIN TWO YEARS AFTER THE DATE THAT25
THE PERMIT WAS ISSUED, ACCOMPANIED BY A FILING FEE OF THIRTY26
DOLLARS. THE STATE ENGINEER SHALL CONSIDER RECORDS OF THE STATE27
1014
-9- ENGINEER AND EVIDENCE PROVIDED TO THE STATE ENGINEER IN1
DETERMINING WHETHER THE PERMIT SHOULD BE REINSTATED .2
(f) S
UBSECTION (3)(e) OF THIS SECTION DOES NOT APPLY TO A3
WELL PERMIT THAT FORMALLY EXPIRED THROUGH AN ORDER ISSUED PRIOR4
TO SEPTEMBER 1, 2025.5
SECTION 3. In Colorado Revised Statutes, 37-90-107, amend6
(7)(a), (7)(c)(I)(C), (7)(d)(I)(C), and (7)(d)(III) as follows:7
37-90-107. Application for use of groundwater - publication8
of notice - conditional permit - hearing on objections - well permits9
- rules. (7) (a) The commission shall allocate, upon the basis of the10
ownership of the overlying land, any designated groundwater contained11
in the Dawson, Denver, Arapahoe, or Laramie-Fox Hills
BEDROCK12
aquifers. Permits issued pursuant to this subsection (7) shall MUST allow13
withdrawals on the basis of an aquifer life of one hundred years. The14
commission shall adopt the necessary rules to carry out the provisions of15
this subsection (7).16
(c) (I) (C) Effective July 1, 2006, Rights to designated17
groundwater in the Dawson, Denver, Arapahoe, or Laramie-Fox Hills18
BEDROCK aquifers to be allocated pursuant to paragraph (a) of this19
subsection (7) may SUBSECTION (7)(a) OF THIS SECTION MUST be20
determined in accordance with the provisions of this section. Any A21
person desiring to obtain such a determination shall make application to22
the commission in a form to be prescribed by the commission. A fee of23
sixty dollars shall be submitted with the application for each aquifer,24
which sum shall not be refunded. The application may MUST also include25
a request for approval of a replacement plan if one is required under26
commission rules to replace any depletions to alluvial aquifers caused due27
1014
-10- to withdrawal of groundwater from the Dawson, Denver, Arapahoe, or1
Laramie-Fox Hills BEDROCK aquifers.2
(d) (I) (C) Effective July 1, 2006, any A person desiring a permit3
for a well to withdraw groundwater for a beneficial use from the Dawson,4
Denver, Arapahoe, or Laramie-Fox Hills aquifers A BEDROCK AQUIFER5
shall make application to the commission on a form to be prescribed by6
the commission. A fee of one hundred dollars shall be submitted with the7
application, which sum shall not be refunded.8
(III) The application for a well permit shall MUST also include a9
replacement plan if one is required under commission rules to replace any10
depletions to alluvial aquifers caused due to withdrawal of groundwater11
from the Dawson, Denver, Arapahoe, or Laramie-Fox Hills aquifers A12
BEDROCK AQUIFER and the required plan has not been approved pursuant13
to paragraph (c) of this subsection (7) SUBSECTION (7)(c) OF THIS14
SECTION. The publication and hearing requirements of this section shall15
apply to an application for such a replacement plan.16
SECTION 4. In Colorado Revised Statutes, 37-90-109, amend17
(4) as follows:18
37-90-109. Priority - discontinuance orders - grounds.19
(4) After establishing the proposed priority date and after receiving the20
information required by section 37-90-108 (5) for the final permit on21
claims for the beneficial use of designated groundwater, the commission22
shall order the state engineer to issue a final permit to appropriate23
designated groundwater in the manner and pursuant to the standards set24
forth in section 37-90-108 for final permits; except that a final permit is25
not required to be issued for a well described in a conditional permit26
issued on or after July 1, 1991, to withdraw designated groundwater from27
1014
-11- the Dawson, Denver, Arapahoe, or Laramie-Fox Hills aquifers A1
BEDROCK AQUIFER and except that this section shall not apply DOES NOT2
APPLY to any final priority lists established by the commission prior to3
January 1, 1985, and any final permits issued pursuant to said lists.4
SECTION 5. In Colorado Revised Statutes, 37-90-111, amend5
(5) as follows:6
37-90-111. Powers of the ground water commission -7
limitations. (5) Notwithstanding any other provision of this article8
ARTICLE 90, the commission shall allocate, upon the basis of ownership9
of the overlying land, any designated groundwater contained in the10
Dawson, Denver, Arapahoe, or Laramie-Fox Hills aquifers A BEDROCK11
AQUIFER. Permits issued pursuant to this subsection (5) shall MUST allow12
withdrawals on the basis of an aquifer life of one hundred years.13
SECTION 6. In Colorado Revised Statutes, 37-90-112, amend14
(3) as follows:15
37-90-112. Notice - publication. (3) The time for filing any16
written objections to notices described in this article shall extend ARTICLE17
90
EXTENDS to thirty
THIRTY-FIVE days following the last publication of18
the notice.19
SECTION 7. In Colorado Revised Statutes, 37-92-401, amend20
(1)(a), (2)(b), (3), (4), (5), (6), and (7) as follows:21
37-92-401. Tabulations of priorities and decennial22
abandonment lists. (1) (a) (I) The division engineer of each division23
with the approval of the state engineer shall maintain a tabulation in order24
of seniority of all decreed water rights and conditional water rights in his25
or her division THEIR DIVISIONS. The tabulations must describe each water26
right and conditional water right by some appropriate means and must set27
1014
-12- forth the priority and amount thereof as established by court decrees. In1
making the tabulations, the division engineer may use such system of2
numbering and listing water rights and conditional water rights in order3
of seniority as is suited to the administrative needs of the particular4
division or portion thereof OF THE DIVISION.5
(II) He or she THE DIVISION ENGINEER shall also prepare6
decennially no later than July 1, 1990, and each tenth anniversary7
thereafter, a separate abandonment list comprising all absolute water8
rights that he or she has THEY HAVE determined to have been abandoned9
in whole or in part and that previously have not been adjudged to have10
been abandoned. T
HE DIVISION ENGINEER SHALL PREPARE THE LIST:11
(A) F
OR WATER DIVISIONS 1, 2, AND 3, AS ESTABLISHED IN SECTION12
37-92-201 (1)(a)
TO (1)(c), NO LATER THAN JULY 1, 2030, AND NO LATER13
THAN JULY 1 OF EVERY SUBSEQUENT TENTH ANNIVERSARY ; AND14
(B) F
OR WATER DIVISIONS 4, 5, 6, AND 7, AS ESTABLISHED IN15
SECTION 37-92-201 (1)(d) TO (1)(g), NO LATER THAN JULY 1, 2035, AND16
NO LATER THAN JULY 1 OF EVERY SUBSEQUENT TENTH ANNIVERSARY .17
(2) (b) No later than July 31, 1990, and every tenth anniversary
18
thereafter 2030, FOR WATER DIVISIONS 1, 2, AND 3, AND JULY 31, 2035,19
FOR WATER DIVISIONS 4, 5, 6, AND 7, AND NO LATER THAN JULY 31 OF20
EVERY SUBSEQUENT TENTH ANNIVERSARY , RESPECTIVELY, the division21
engineer shall mail a copy of the respective decennial abandonment list22
by certified mail, return receipt requested, to the owner or last-known23
owner or claimant, if known, of every absolute water right that the24
division engineer has found to have been abandoned in whole or in part.25
The division engineer shall make an appropriate examination to determine26
the owner or claimant of such absolute water rights. The division engineer27
1014
-13- shall also publish the respective portion of the decennial abandonment list1
in each county in which the points of diversion of any absolute water2
rights on the list are located. The publication shall be continued for four3
successive weeks and shall be published, if possible, in a newspaper4
published in the county where the decreed point of diversion of the water5
right is located. The publication and mailing requirements of this6
subsection (2)(b) apply only to absolute water rights or portions of7
absolute water rights that previously have not been adjudged to have been8
abandoned.9
(3) Any A person wishing to object to the manner in which a10
water right or conditional water right is listed in the tabulation or to the11
omission of a water right or conditional water right from the tabulation,12
and not NO later than July 1, 1991, and every tenth anniversary thereafter,13
any 2031, FOR WATER DIVISIONS 1, 2, AND 3, AND JULY 1, 2036, FOR14
WATER DIVISIONS 4, 5, 6, AND 7, AND NO LATER THAN JULY 1 OF EVERY15
SUBSEQUENT TENTH ANNIVERSARY , RESPECTIVELY, A person wishing to16
object to the inclusion of any absolute water right or portion thereof OF17
AN ABSOLUTE WATER RIGHT in the decennial abandonment list must18
SHALL file a statement of objection in writing with the division engineer.19
(4) (a) Not NO later than December 31, 1991, and every tenth20
anniversary thereafter 2031, FOR WATER DIVISIONS 1, 2, AND 3, AND21
D
ECEMBER 31, 2036, FOR WATER DIVISIONS 4, 5, 6, AND 7, AND NO LATER22
THAN DECEMBER 31 OF EVERY SUBSEQUENT TENTH ANNIVERSARY ,23
RESPECTIVELY, the division engineer shall make any revisions he or she
24
deems THEY DEEM proper to the decennial abandonment list. In25
considering the matters raised by statements of objection, the division26
engineer may consult with any interested person. The division engineer27
1014
-14- shall consult with the state engineer and shall make any revisions in the1
decennial abandonment list determined by the state engineer to be2
necessary or advisable.3
(b) Repealed.4
(c) The division engineer shall file the decennial abandonment5
list, together with any revisions, signed by the division engineer and the6
state engineer or his or her THE STATE ENGINEER'S duly authorized deputy,7
with the water clerk as promptly as possible, but not NO later than8
December 31, 1991, and every tenth anniversary thereafter 2031, FOR9
WATER DIVISIONS 1, 2, AND 3, AND DECEMBER 31, 2036, FOR WATER10
DIVISIONS 4, 5, 6, AND 7, AND NO LATER THAN DECEMBER 31 OF EVERY11
SUBSEQUENT TENTH ANNIVERSARY , RESPECTIVELY. Each respective12
division engineer
AND water clerk and the state engineer shall make a13
copy of the decennial abandonment list, together with any revisions,14
available for inspection in their offices at any time during regular office15
hours, as well as on the state engineer's website, and the division engineer16
shall furnish or mail a copy to anyone requesting a copy upon payment of17
a fee in an amount set in accordance with section 24-72-205 (1)(b) and18
(5).19
(d) If the decennial abandonment list is revised, the water clerk,20
in cooperation with the division engineer, not
NO later than January 31,21
1992, and every tenth anniversary thereafter 2032, FOR WATER DIVISIONS22
1,
2, AND 3, AND JANUARY 31, 2037, FOR WATER DIVISIONS 4, 5, 6, AND 7,23
AND NO LATER THAN JANUARY 31 OF EVERY SUBSEQUENT TENTH24
ANNIVERSARY, RESPECTIVELY, shall provide notice of the revision in the25
resume described in section 37-92-302 (3) of cases filed in the respective26
water divisions during the month of December, stating that the revision27
1014
-15- may be inspected or a copy thereof OF THE REVISION obtained as specified1
in subsection (4)(c) of this section. In addition, the water clerk shall2
publish the notice as is necessary to obtain general circulation once in3
each county or the portion of the county that is in the division.4
(5) (a) Any A person who THAT wishes to protest the inclusion of5
any A water right in a decennial abandonment list after its revision by the6
division engineer shall file a written protest with the water clerk and with7
the division engineer. All such protests to the decennial abandonment list8
shall MUST be filed not NO later than June 30, 1992, or the respective9
tenth anniversary thereafter. Such 2032, FOR WATER DIVISIONS 1, 2, AND10
3,
AND JUNE 30, 2037, FOR WATER DIVISIONS 4, 5, 6, AND 7, AND NO LATER11
THAN JUNE 30 OF EVERY SUBSEQUENT TENTH ANNIVERSARY ,12
RESPECTIVELY. A protest shall set forth in detail the factual and legal13
basis therefor
FOR THE PROTEST. Service of a copy of the protest or any14
other documents is not necessary for jurisdictional purposes, but the water15
judge may order service of a copy of the protest or any other document on16
any person and in any manner which he or she THAT THE WATER JUDGE17
may deem appropriate. The fee for filing such THE protest with the water18
clerk shall be IS forty-five dollars.19
(b) Fees collected pursuant to paragraph (a) of this subsection (5)20
SUBSECTION (5)(a) OF THIS SECTION shall be transmitted to the state21
treasurer and divided as follows:22
(I) Twenty dollars shall be deposited in the general fund;23
(II) Fifteen dollars shall be deposited in the judicial stabilization24
cash fund created in section 13-32-101 (6); C.R.S.; and25
(III) Ten dollars shall be deposited in the justice center cash fund26
created in section 13-32-101 (7)(a). C.R.S.27
1014
-16- (6) (a) Commencing on the September or October term-day of1
1992 2032 FOR WATER DIVISIONS 1, 2, AND 3 AND THE SEPTEMBER OR2
O
CTOBER TERM-DAY OF 2037 FOR WATER DIVISIONS 4, 5, 6, AND 7, as3
provided in section 37-92-304 (1), and every
SUBSEQUENT tenth4
anniversary thereafter, and
OF THE RESPECTIVE TERM-DAY, continuing for5
as long as may be necessary, the water judge of each division shall6
conduct hearings on the decennial abandonment list filed by the division7
engineer and any protests that have been filed with respect thereto TO THE8
DECENNIAL ABANDONMENT LIST . The hearings shall be conducted in9
accordance with the Colorado rules of civil procedure, the Colorado rules10
of evidence, and any applicable local rules of court; except that no11
pleadings other than the protest shall
NOT be required. The protestant12
shall appear either in person or by counsel in support of the protest. The13
division engineer shall appear in support of the decennial abandonment14
list, and, if requested by the division engineer, the attorney general shall15
represent the division engineer.16
(b) The water judges of the various divisions shall arrange their17
hearings, if necessary in their discretion, to accommodate counsel and18
other persons who
THAT may be involved in hearings in more than one19
division.20
(c) Any person who THAT may be affected by the subject matter21
of a protest or by any A ruling thereon ON A PROTEST shall be permitted22
to participate in the hearings, either in person or by counsel, upon timely23
entry of appearance. Such entry of appearance shall identify the portion24
of the decennial abandonment list with respect to which the appearance25
is being made. The water judge may continue the hearings as required to26
insure ENSURE that all parties may be heard and their interests adequately27
1014
-17- protected, and, in this connection, the water judge shall permit such1
additional protests and order such service of notice and such additional2
publication of the decennial abandonment list or portions thereof OF THE3
LIST as will serve the ends of justice, it being the intent of the general4
assembly that the water judge shall have wide discretion in the conduct5
of such hearings so that the owners of water rights will be protected. 6
(d) After the hearings are concluded, the water judge shall enter7
a judgment and decree which shall THAT either incorporate the8
abandonment list of the division engineer as filed or incorporate such list9
with such modifications and conditions as the water judge may determine10
proper after the hearings.11
(7) If no protests have been filed, then promptly after July 1, 1992,12
and every tenth anniversary thereafter 2032, FOR WATER DIVISIONS 1, 2,13
AND 3, AND JULY 1, 2037, FOR WATER DIVISIONS 4, 5, 6, AND 7, AND AFTER14
J
ULY 1 EVERY SUBSEQUENT TENTH ANNIVERSARY , RESPECTIVELY, the15
water judge shall enter a judgment and decree incorporating and16
confirming the decennial abandonment list of the division engineer17
without modification.18
SECTION 8. In Colorado Revised Statutes, 37-90-103, add (3.5)19
and (5.5) as follows:20
37-90-103. Definitions - rules- repeal. As used in this article 90,21
unless the context otherwise requires:22
(3.5) "B
EDROCK AQUIFER" MEANS A DESIGNATED BASIN BEDROCK23
AQUIFER.24
(5.5) "DESIGNATED BASIN BEDROCK AQUIFER " MEANS A25
DESIGNATED GROUNDWATER AQUIFER DEFINED AS A BEDROCK AQUIFER26
PURSUANT TO RULES ADOPTED BY THE GROUND WATER COMMISSION ,27
1014
-18- WHERE WATER IS ALLOCATED ON THE BASIS OF OWNERSHIP OF THE1
OVERLYING LAND AND THE AVAILABLE GROUNDWATER VOLUME BENEATH2
THE OVERLYING LAND.3
SECTION 9. Act subject to petition - effective date -4
applicability. (1) This act takes effect at 12:01 a.m. on the day following5
the expiration of the ninety-day period after final adjournment of the6
general assembly; except that, if a referendum petition is filed pursuant7
to section 1 (3) of article V of the state constitution against this act or an8
item, section, or part of this act within such period, then the act, item,9
section, or part will not take effect unless approved by the people at the10
general election to be held in November 2026 and, in such case, will take11
effect on the date of the official declaration of the vote thereon by the12
governor.13
(2) This act applies to well permit applications that are pending14
before, on, or after the applicable effective date of this act and to valid15
well permits in existence before, on, or after the applicable effective date16
of this act.17
1014
-19-