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Colorado Statutes, Title 37

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Title 37, Water and Irrigation

0 chapters · 1,167 sections in this title.

All chapters in Title 371,167 Ch 4393 Ch 4882 Ch 4161 Ch 4659 Ch 3154 Ch 4553 Ch 4751 Ch 4449 Ch 6049 Ch 9045 Ch 5043 Ch 4239 Ch 9227 Ch 9527

1,167 sections·Filtered byTitle 37✕

Colo. Rev. Stat. § 37-90-140 Inclusion of lands
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(1) (a) The boundaries of any district organized under the provisions of this article may be changed in the manner prescribed in this section, but the change of boundaries of the district shall not impair or affect its organization or its rights in or to property or any of its ri…
Colo. Rev. Stat. § 37-90-141 Exclusion of lands
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(1) (a) The boundaries of any district organized under the provisions of this article may be changed in the manner prescribed in this section, but the change of boundaries of the district shall not impair or affect its organization or its rights in or to property or any of its ri…
Colo. Rev. Stat. § 37-90-142 State engineer - action upon permit
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Except as otherwise provided by specific statute, the state engineer shall act upon an application for a well permit within forty-five days of the receipt thereof. Source: L. 87: Entire section added, p. 1303, § 7, effective July 2.
Colo. Rev. Stat. § 37-90-143 Owners of well permits - update for name and contact information
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(1) Effective July 1, 1994, any owner of an unexpired well permit issued pursuant to this article or article 92 of this title who changes a name or mailing address from that on file with the office of the state engineer shall file an update to the name or mailing address with the…

Colo. Rev. Stat. § 37-91-101 Legislative declaration

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(1) The general assembly finds, determines, and declares that: (a) Scientific evidence has established that improperly constructed wells, improperly abandoned wells, improperly constructed or abandoned ground heat exchangers, and improperly installed pumping equipment can adverse…

Colo. Rev. Stat. § 37-91-102 Definitions

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As used in this article 91, unless the context otherwise requires: (1) and (2) Repealed. (3) "Board" means the state board of examiners of water well and ground heat exchanger contractors created in section 37-91-103. (4) "Construction of wells" means any act undertaken at the we…

Colo. Rev. Stat. § 37-91-103 State board of examiners of water well and ground heat exchanger contractors

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(1) (a) The state board of examiners of water well and ground heat exchanger contractors is created in the division of water resources within the department of natural resources. The board includes the following six individuals: (I) The state engineer or the state engineer's desi…

Colo. Rev. Stat. § 37-91-104 Duties of the board

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(1) The board shall: (a) Be responsible for the administration of this article and, with respect to such administration, shall enforce the provisions of this article and any rules adopted pursuant thereto and shall take such other actions as may be reasonably necessary to carry o…

Colo. Rev. Stat. § 37-91-105 Licensing - registration of rigs

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(1) Before contracting for the construction of a well, the installation of a ground heat exchanger, or the installation of pumping equipment, an individual shall obtain a license for one or more methods of well construction, ground heat exchanger installation, or pump installatio…

Colo. Rev. Stat. § 37-91-106 License - exemptions - rules

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(1) (Deleted by amendment, L. 2003, p. 1678, § 6, effective May 14, 2003.) (2) A license is not required of any individual who performs labor or services if the individual is directly employed by, or under the supervision of, a licensed well construction contractor, licensed grou…

Colo. Rev. Stat. § 37-91-107 Fees and bonds - license renewal - continuing education

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(1) All fees from applicants seeking a license under this article, and all renewal fees, shall be transmitted to the state treasurer, who shall credit the same to the well inspection cash fund created in section 37-80-111.5. No fees shall be refunded. A license shall be nontransf…

Colo. Rev. Stat. § 37-91-108 Denial, revocation, or suspension of license

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(1) The board, by an affirmative vote of at least four of its six members, may withhold, deny, revoke, or suspend any license issued or applied for in accordance with this article 91, upon proof that the licensee or applicant: (a) Has used fraud or deception in applying for a lic…

Colo. Rev. Stat. § 37-91-109 Further scope of article - orders - penalties

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(1) (a) A well or ground heat exchanger shall not be located, constructed, repaired, or abandoned and pumping equipment shall not be installed or repaired contrary to this article 91 and applicable rules of the board adopted to effectuate the purposes of this article 91. (b) The …

Colo. Rev. Stat. § 37-91-110 Basic principles and minimum standards - rules

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(1) The following basic principles, general in scope and fundamental in character, govern the construction, repair, or abandonment of a well; the installation, repair, or abandonment of a ground heat exchanger; and the installation or repair of pumping equipment: (a) Water wells …

Colo. Rev. Stat. § 37-91-111 Violations and penalties

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(1) It is unlawful: (a) For an individual to represent themself as a well construction contractor, a ground heat exchanger contractor, or a pump installation contractor if the individual is not licensed under this article 91 or the individual's license has been suspended or revok…

Colo. Rev. Stat. § 37-91-112 Injunctive proceedings

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(1) The board may, through the attorney general of the state of Colorado, apply for civil penalties and for an injunction to enjoin any person from committing any act declared to be unlawful by this article. Such application shall be heard in the district court in which the groun…

Colo. Rev. Stat. § 37-91-113 Well inspection program

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(1) The state engineer shall monitor compliance with this article 91, including by inspecting water well construction, ground heat exchanger installation, and pump installation, and the state engineer may employ inspectors for this purpose. The costs of monitoring and inspection …

Colo. Rev. Stat. § 37-92-101 Short title

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This article shall be known and may be cited as the "Water Right Determination and Administration Act of 1969". Source: L. 69: p. 1200, § 1. C.R.S. 1963: § 148-21-1. ANNOTATION Law reviews. For article, "Water Administration in Colorado — Higher-ority or Priority?", see 30 Rocky …

Colo. Rev. Stat. § 37-92-102 Legislative declaration - basic tenets of Colorado water law

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(1) (a) It is hereby declared to be the policy of the state of Colorado that all water in or tributary to natural surface streams, not including nontributary groundwater as that term is defined in section 37-90-103, originating in or flowing into this state have always been and a…

Colo. Rev. Stat. § 37-92-103 Definitions

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As used in this article 92, unless the context otherwise requires: (1) "Abandonment of a conditional water right" means the termination of a conditional water right as a result of the failure to develop with reasonable diligence the proposed appropriation upon which such water ri…

Colo. Rev. Stat. § 37-92-201 Water divisions

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(1) For the purposes of this article, the following water divisions are hereby established: (a) Division 1: Division 1 consists of all lands in the state of Colorado in the drainage basins of the South Platte river, the Big Laramie river, the Arikaree river, the north and south f…

Colo. Rev. Stat. § 37-92-202 Division engineers

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(1) (a) The state engineer, with the approval of the executive director of the department of natural resources, shall appoint one division engineer for each division. The division engineers are allocated to the division of water resources as a section of the division. The divisio…

Colo. Rev. Stat. § 37-92-203 Water judges - jurisdiction

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(1) There is established in each water division the position of water judge of the district courts of all counties situated entirely or partly within the division. Said district courts collectively acting through the water judge have exclusive jurisdiction of water matters within…

Colo. Rev. Stat. § 37-92-204 Water clerks - duties

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(1) (a) There is established in each water division the office of water clerk, who shall be an associate clerk of the district court and shall be appointed in the same manner as clerks of the various district courts. The water clerk may be a part-time employee, or an existing cle…

Colo. Rev. Stat. § 37-92-301 Administration and distribution of waters

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(1) The state engineer shall be responsible for the administration and distribution of the waters of the state, and, in each division, such administration and distribution shall be accomplished through the offices of the division engineer as specified in this article. (2) In acco…

Colo. Rev. Stat. § 37-92-302 Applications for water rights or changes of such rights - plans for augmentation

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(1) (a) Any person who desires a determination of a water right or a conditional water right and the amount and priority thereof, including a determination that a conditional water right has become a water right by reason of the completion of the appropriation, a determination wi…

Colo. Rev. Stat. § 37-92-303 Rulings by the referee

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(1) Within sixty-three days after the last day on which statements of opposition may be filed with respect to a particular application, unless such time is extended by the water judge for good cause shown, the referee shall make a ruling on the application unless the referee dete…

Colo. Rev. Stat. § 37-92-304 Proceedings by the water judge

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(1) On the first Tuesday of March and September in division 1, the second Tuesday of March and September in division 2, the third Tuesday of March and September in division 3, the fourth Tuesday of March and September in division 4, the first Tuesday of April and October in divis…

Colo. Rev. Stat. § 37-92-305 Standards with respect to rulings of the referee and decisions of the water judge - definitions

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(1) In the determination of a water right the priority date awarded shall be that date on which the appropriation was initiated if the appropriation was completed with reasonable diligence. If the appropriation was not completed with reasonable diligence following the initiation …

Colo. Rev. Stat. § 37-92-306 Priorities junior to prior awards - when

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With respect to each division described in section 37-92-201, the priority date awarded for water rights or conditional water rights adjudged and decreed on applications for a determination of the amount and priority thereof filed in such division during each calendar year shall …

Colo. Rev. Stat. § 37-92-306.1 Relation back of priority date

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(1) Except in the case of applications for adjudication of groundwater, notwithstanding the provisions of section 37-92-306, the filing date of an application for a water right or conditional water right involving the same source of water and derived from the same point of divers…

Colo. Rev. Stat. § 37-92-308 Substitute water supply plans - special procedures for review - water adjudication cash fund - legislative declaration

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(1) The general assembly hereby finds, determines, and declares that: (a) There are certain circumstances under which the time required to go through the water court adjudication process can be problematic for some water users. Prior to January 1, 2002, substitute water supply pl…

Colo. Rev. Stat. § 37-92-309 Interruptible water supply agreements - special review procedures - rules - water adjudication cash fund - legislative declaration - definitions

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(1) The general assembly hereby finds, determines, and declares that there are certain circumstances under which administrative approval of the use of interruptible water supply agreements can maximize the beneficial use of Colorado water resources without the need for an adjudic…

Colo. Rev. Stat. § 37-92-310 Colorado water rights protection act - short title - legislative declaration - limitation on actions

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(1) Short title. The short title of this section is the "Colorado Water Rights Protection Act". (2) Legislative declaration. (a) The general assembly recognizes that: (I) Water rights appropriated under section 6 of article XVI of the Colorado constitution are usufructuary proper…

Colo. Rev. Stat. § 37-92-311 Industrial hemp cultivation allowed under an agricultural water right

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A person with an absolute or conditional water right decreed for agricultural use may use the water subject to the agricultural water right for any product authorized for growth and cultivation by title 35. Source: L. 2017: Entire section added, (SB 17-117), ch. 221, p. 857, § 2,…

Colo. Rev. Stat. § 37-92-401 Tabulations of priorities and decennial abandonment lists

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(1) (a) (I) The division engineer of each division with the approval of the state engineer shall maintain a tabulation in order of seniority of all decreed water rights and conditional water rights in their divisions. The tabulations must describe each water right and conditional…

Colo. Rev. Stat. § 37-92-402 Special procedures for the 1978 tabulation and abandonment list

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(1) (a) No later than July 1, 1978, the division engineer, with the approval of the state engineer, shall prepare a new tabulation of all water rights and conditional water rights in his division. The 1978 tabulation shall reflect any changes in the 1974 tabulation previously aut…

Colo. Rev. Stat. § 37-92-501 Jurisdiction over water - rules and regulations

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(1) The state engineer and the division engineers shall administer, distribute, and regulate the waters of the state in accordance with the constitution of the state of Colorado, the provisions of this article and other applicable laws, and written instructions and orders of the …

Colo. Rev. Stat. § 37-92-501.5 Special procedures with respect to plans for augmentation

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Consistent with the decisions of the water judges establishing the basis for approval for plans for augmentation and for the administration of groundwater, the state engineer and division engineers shall exercise the broadest latitude possible in the administration of waters unde…

Colo. Rev. Stat. § 37-92-502 Orders as to waste, diversions, or distribution of water

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(1) The state engineer or the division engineers shall issue to the owners or users of water rights and to the users of waters of the state such orders as are necessary to implement the provisions of section 37-92-501, including, but not limited to, the orders specified in subsec…

Colo. Rev. Stat. § 37-92-503 Enforcement - injunction

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(1) (a) In the event an order of a division engineer or the state engineer issued pursuant to section 37-92-502 is not complied with, the state engineer and the particular division engineer in the name of the people of the state of Colorado, through the attorney general, shall ap…

Colo. Rev. Stat. § 37-92-504 Treble damages

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Any person who is damaged in his business or property by reason of the violation of an order issued pursuant to section 37-92-502, the violation of which has been properly enjoined pursuant to section 37-92-503, may bring an action against any person who has violated said order i…

Colo. Rev. Stat. § 37-92-601 Disposition of pending proceedings - showings of reasonable diligence

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All proceedings pending on June 7, 1969, for the adjudication of water rights, for a change of water rights, or for the disposition of other matters which are of the type to be handled by proceedings provided for in this article shall be concluded by June 1, 1972, in accordance w…

Colo. Rev. Stat. § 37-92-602 Exemptions - presumptions - stream restoration projects - report - legislative declaration - definitions

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(1) This article, except for sections 37-92-201 and 37-92-202, does not apply to: (a) Designated groundwater basins as defined and established by article 90 of this title; (b) Wells not exceeding fifteen gallons per minute of production and used for ordinary household purposes, f…

Colo. Rev. Stat. § 37-95-101 Short title

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This article shall be known and may be cited as the "Colorado Water Resources and Power Development Authority Act". Source: L. 81: Entire article added, p. 1794, § 1, effective July 1.

Colo. Rev. Stat. § 37-95-102 Legislative declaration

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(1) It is hereby declared to be the public policy of the state to preserve, protect, upgrade, conserve, develop, utilize, and manage the water resources of the state, to promote the beneficial use of waters of the state for the protection and preservation of the public health, sa…

Colo. Rev. Stat. § 37-95-103 Definitions

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As used in this article 95: (1) "Authority" means the Colorado water resources and power development authority created by this article. (2) "Beneficial use" means a use of water, including the method of diversion, storage, transportation, treatment, and application, that is reaso…

Colo. Rev. Stat. § 37-95-104 Establishment of authority - board of directors - removal - organization - compensation - dissolution

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(1) There is hereby created the Colorado water resources and power development authority, which shall be a body corporate and a political subdivision of the state. The authority shall not be an agency of state government, nor shall it be subject to administrative direction by any…

Colo. Rev. Stat. § 37-95-105 Records and meetings of board - disclosure of interests required

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(1) All resolutions and orders shall be recorded and authenticated by the signature of the chairman and the secretary of the board. Every legislative act of the board of a general or permanent nature shall be by resolution. The book of resolutions, corporate acts, and orders shal…

Colo. Rev. Stat. § 37-95-106 Authority - powers

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(1) Except as otherwise limited by this article, the authority, acting through the board, has the power: (a) To have the duties, privileges, immunities, rights, liabilities, and disabilities of a body corporate and political subdivision of the state; (b) To sue and be sued; (c) T…