It is unlawful for any person who does not have charge of any weir, headgate, automatic self-registering device, or other measuring recording device or any canal or reservoir intake or outlet, who does not have authority to install, repair, maintain, or operate any such device or to inspect the same from the owners thereof or from the water officials of the state of Colorado, or who represents any other canal diverting water from the same stream to interfere with or seek to examine or regulate any such instrument or device or structure. Any person who willfully injures or destroys any automatic self-registering device, gauge, or other instrument installed upon any canal or weir for the measuring and recording of the water depths upon such weir, who tampers with or falsifies any record made or being made by any such instrument or device, or who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars for the first offense and not more than one thousand dollars for the second and succeeding offenses.
Source: L. 21: p. 480, � 4. C.L. � 1821. CSA: C. 90, � 222. CRS 53: � 147-11-20. C.R.S. 1963: � 148-11-20.
37-80-120. Upstream storage - substitute supply - historic natural depletion. (1) In every case in which the state engineer finds that water can be stored out of priority under circumstances such that the water so stored can be promptly made available to downstream senior storage appropriators in case they are unable to completely store their entire appropriative right due to insufficient water supply, the state engineer may permit such upstream storage out of priority, but such storage water shall be promptly released on demand of a downstream senior whenever needed by such senior for actual use.
(2) Individuals and private or public entities, alone or in concert, may provide a substituted supply of water to one or more appropriators senior to them, not to exceed that to which any senior appropriator is entitled from time to time by virtue of his appropriations, and, to the extent that such substituted water is made available to meet the appropriative requirements of such senior, the right of such senior to draw water pursuant to his appropriation shall be deemed to be satisfied. The rights of such senior may be used for effectuating such substitution during the period while it is in operation, and the practice may be confirmed by court order as provided for determining water rights.
(3) Any substituted water shall be of a quality and continuity to meet the requirements of use to which the senior appropriation has normally been put.
(4) Whenever substitute water is supplied to a senior ditch, the supplier or his assignee may take an equivalent amount for beneficial use from water of the state of Colorado to the fullest extent possible without impairing the availability of water lawfully divertible by others. A practice of substitution or exchange pursuant to law may constitute an appropriative right and may be adjudicated or otherwise evidenced as any other right of appropriation.
(5) In determining the quantity of water required as a substitute supply to replace evaporation from groundwater exposed to the atmosphere in connection with the extraction of sand and gravel by open mining as defined in section 34-32-103 (9), C.R.S., there shall be no requirement to replace the amount of historic natural depletion to the waters of the state, if any, caused by the preexisting natural vegetative cover on the surface of the area which will be, or which has been, permanently replaced by an open water surface. The applicant shall bear the burden of proving the historic natural depletion.
(6) In determining the quantity of water required as a substitute supply to replace stream depletions in connection with any mining operation as defined in section 34-32-103 (8), C.R.S., for which a reclamation permit has been obtained as set forth in section 34-32-109, C.R.S., there is no requirement to replace the amount of historic natural depletion to the waters of the state, if any, caused by the preexisting natural vegetative cover and evaporation on the surface of the area that will be, or that has been, eliminated or made impermeable as part of the permitted mining operation. The applicant bears the burden of proving the historic natural depletion.
Source: L. 69: p. 1196, � 8. C.R.S. 1963: � 148-11-25. L. 89: (5) added, p. 1425, � 4, effective July 15. L. 2012: (6) added, (HB 12-1022), ch. 15, p. 38, � 1, effective August 8.
37-80-121. Water administration fee - cash fund - rules - report - definitions - repeal. (Repealed)
Source: L. 2003: Entire section added, p. 1509, � 1, effective May 1. L. 2004: (1), (2), (3), (5), and (6) repealed, p. 361, � 2, effective April 7; (4) repealed, p. 361, � 1, effective July 1.
37-80-122. South Platte river alluvial aquifer groundwater monitoring network. (1) The state engineer shall, as specified in this section, design and operate a tributary groundwater monitoring network in the South Platte river alluvial aquifer, referred to in this section as the monitoring network. The objective of the monitoring network is to:
(a) Provide accurate groundwater level data to be used in scientific investigations, analyses, and decision-making;
(b) Increase the public's understanding of and access to data regarding the movement of tributary groundwater in the South Platte river alluvial aquifer; and
(c) Assist in water planning.
(2) The monitoring network consists of the following components:
(a) (I) The following groundwater wells to be used for monitoring groundwater levels with the goal of identifying ambient groundwater conditions, or the effects of natural, climatic-related hydrologic stresses, and anthropogenic influences on the aquifer:
(A) The existing division of water resources groundwater monitoring network, the addition of data loggers on up to twenty existing wells in the network, and up to ten wells to be added to the network in areas where there are data gaps, as more definitively described in the recommendations of the technical committee of the South Platte basin roundtable dated November 18, 2014, and as modified on November 21, 2014;
(B) Wells that are part of an independent monitoring network and owned by qualified parties other than the division of water resources who submit their groundwater monitoring data to the monitoring network. The division of water resources, the metro roundtable, the South Platte basin roundtable, and the Colorado water conservation board shall cooperatively lead the effort to recruit these qualified parties and provide them with a clear understanding of the benefits to the qualified parties of providing data to motivate their participation.
(C) Additional wells that have been designated by the state engineer to be part of the monitoring network.
(II) In designating wells to be part of the network, including new wells and the addition of data loggers, the state engineer, in consultation with the Colorado water conservation board and after soliciting and considering public input, shall attempt to:
(A) Provide good geographic, hydrogeologic, and temporal coverage of the South Platte river alluvial aquifer, including: Wells that monitor groundwater that is relatively free of land use, diversion, and recharge effects; wells with high water conditions and those that show strong trends in water level change since 2003; and wells that demonstrate the effects of diversion structures;
(B) Include wells in areas that exhibit short-term responses to human-induced activities in the aquifer and areas that show long-term trends as a result of the same activities;
(C) Include as many wells as possible that have a long, uninterrupted history of data;
(D) Optimize the collection of continuous data as opposed to twice-yearly or other periodic data; and
(E) Consider not only the up-front costs of designating or adding the wells but also the long-term cost of maintaining them as part of the monitoring network;
(b) Data analysis standards and protocols. The state engineer, in consultation with the Colorado water conservation board and after soliciting and considering public input, shall develop and publish one or more protocols for groundwater level data measurement, data collection, and data entry, and shall attempt to automate, where practical, the process of collecting groundwater-level data and uploading it to the division of water resources' website. The state engineer shall enter and upload the data within thirty days after receiving it.
(c) Dissemination of the monitoring data. The division of water resources shall make the data available on its website and otherwise as specified by the state engineer.
(3) In the design and operation of the monitoring network, the state engineer shall consider and be guided by:
(a) The Report to the Colorado Legislature: HB12-1278 Study of the South Platte River Alluvial Aquifer, dated December 31, 2013, prepared by the Colorado Water Institute; and
(b) The recommendations of the technical committee of the South Platte basin roundtable dated November18, 2014, and as modified on November 21, 2014.
(4) The revenues to pay the costs of implementing this section are payable from the Colorado water conservation board construction fund as specified in section 37-60-121 (1)(b)(II); except that, if revenues in the Colorado water conservation board construction fund are insufficient to meet all other lawful uses of the fund, the revenues to pay the costs of implementing this section are payable from the general fund. If the United States geological survey discontinues funding of groundwater monitoring for one or more wells that are part of the monitoring network, the cost of operating and maintaining such wells may be paid from one or both of the funds, and in the manner, specified in this subsection (4).
Source: L. 2015: Entire section added, (HB 15-1166), ch. 302, p. 1243, � 1, effective June 5.
37-80-123. Lease, loan, or trade of agricultural water protection water right - rules - definition. (1) (a) As soon as practicable, the state engineer shall initiate the promulgation of rules governing the review of a substitute water supply plan pursuant to section 37-92-308 (12). In promulgating the rules, the state engineer shall follow the state engineer's own rule-making procedures.
(b) The rules must include:
(I) Terms and conditions that the state engineer may impose through an approved substitute water supply plan pursuant to section 37-92-308 (12);
(II) Criteria that the state engineer should consider in reviewing a substitute water supply plan application filed pursuant to section 37-92-308 (12);
(III) Criteria to ensure that substitute water supply plans approved pursuant to section 37-92-308 (12) do not facilitate the diversion of water between water divisions by direct diversion, exchange, replacement, or other means;
(IV) Procedures by which the state engineer may reconsider a decision; and
(V) Procedures for creating a database that tracks and inventories substitute water supply plans approved under section 37-92-308 (12) and for making the following information from the database accessible to the public:
(A) The amount of water subject to each approved plan;
(B) The location of use of water under each approved plan; and
(C) The decreed beneficial use of water leased, loaned, or traded in connection with each approved plan.
(c) The water judge for water division 1 shall review the rules promulgated under this section in accordance with the procedures set forth in section 37-92-501 (2)(g), (3)(a), and (3)(b).
(2) As used in this section, agricultural water protection water right has the same meaning as in section 37-92-305 (19)(a).
Source: L. 2016: Entire section added, (HB 16-1228), ch. 175, p. 599, � 2, effective August 10.
37-80-124. State engineer - designation of fire suppression ponds - conditional requirements - inspections - expiration of designation - database - reviews by water courts. (1) For the purposes of section 37-82-107, the state engineer shall:
(a) Review 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) In considering whether to designate a pond as a fire suppression pond, the state engineer shall:
(a) Consider 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) The state engineer may establish a standard written or electronic form for boards of county commissioners to use to apply for the designation of a pond as a fire suppression pond.
(4) Within one hundred fifty-four days after receiving an application to designate a fire suppression pond, the state engineer shall:
(a) Review 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) As 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) If 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) The pond is properly maintained;
(b) Any firefighting infrastructure associated with the pond is functional; and
(c) The approximate surface area of the pond has not changed.
(7) If 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) The designation of a pond as a fire suppression pond pursuant to this section expires fifteen years after the date of the designation.
(b) No 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 county 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) If 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) If 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) Notify 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) The state engineer shall establish a database for the administration of ponds that are designated as fire suppression ponds pursuant to this section.
(10) (a) Notwithstanding any provision of law to the contrary, the state engineer shall not:
(I) Designate more than thirty total surface acres of pond in any county as a fire suppression pond; or
(II) Designate any pond as a fire suppression pond unless:
(A) The pond existed with the same or greater surface area as of June 1, 1972;
(B) Decreed storage rights for the pond are limited to use within the pond and only livestock watering, wildlife, or other nonconsumptive uses;
(C) The 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) The surface area of the pond does not exceed six acres;
(E) The 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) The notice described in subsection (10)(a)(II)(E) of this section must include:
(I) The 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 described in section 37-92-602 (8)(i).
(c) In 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) After 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. If the state engineer receives such a request, the state engineer shall provide such notice.
(12) (a) Within 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) Upon 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) Notwithstanding 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) In 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
(II) The state engineer's decision did not accord with the requirements set forth in subsection (10) of this section.
Source: L. 2022: Entire section added, (SB 22-114), ch. 464, p. 3300, � 3, effective August 10.
Cross references: For the legislative declaration in SB 22-114, see section 1 of chapter 464, Session Laws of Colorado 2022.
Water Rights - Generally