House Bill 25-1014 Reengrossed

A Bill for an Act

• Page 1, Line 101Concerning measures to increase efficiency in division of

• Page 1, Line 102water resources processes.

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 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.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 37-90-108, amend

• Page 2, Line 3(1), (2), (3)(a), (4), and (6) as follows:

• Page 2, Line 437-90-108.  Final permit - evidence of well construction and

• Page 2, Line 5beneficial use - limitations - rules. (1) (a)  After having received a

• Page 2, Line 6conditional permit to appropriate designated groundwater, the applicant

• Page 2, Line 7a permit holder, within one year from two years after the date of the

• Page 2, Line 8issuance of said the permit, shall construct the well or other works

• Page 2, Line 9necessary to apply the water to a beneficial use.

• Page 2, Line 10(b)  The applicant permit holder, upon completion of the well,

• Page 2, Line 11shall furnish information to the commission, in the form and within the

• Page 3, Line 1time frame prescribed by the commission by rule, as to the depth of the

• Page 3, Line 2well, the water-bearing formations intercepted by the well, and the

• Page 3, Line 3maximum sustained pumping rate in gallons per minute.

• Page 3, Line 4(c)  If the well described in the conditional permit is not

• Page 3, Line 5constructed within one year from two years after the date of the

• Page 3, Line 6issuance of the conditional permit as provided in this subsection (1), the

• Page 3, Line 7conditional permit shall expire expires and be of has no force or effect.

• Page 3, Line 8except that, upon a showing of good cause, the commission may grant

• Page 3, Line 9one extension of time only for a period not to exceed one year. If

• Page 3, Line 10evidence that the well has been constructed timely but the completion

• Page 3, Line 11information required by this subsection (1) within two years after the

• Page 3, Line 12date that the permit was issued has not been furnished to the

• Page 3, Line 13commission within the time frame prescribed by the commission by

• Page 3, Line 14rule, the procedures specified in subsection (6) of this section shall apply

• Page 3, Line 15conditional permit expires. The commission shall notify the

• Page 3, Line 16permit holder and, if applicable, the contractor listed on the

• Page 3, Line 17permit application that the permit is expired.

• Page 3, Line 18(d)  The commission may reinstate an expired conditional

• Page 3, Line 19permit if the commission receives satisfactory evidence that the

• Page 3, Line 20well was constructed within two years after the date that the

• Page 3, Line 21conditional permit was issued, accompanied by a filing fee of

• Page 3, Line 22thirty dollars. The commission shall consider records of the

• Page 3, Line 23commission and evidence provided to the commission in

• Page 3, Line 24determining whether the conditional permit should be

• Page 3, Line 25reinstated.

• Page 3, Line 26(e)  Subsection (1)(d) of this section does not apply to a

• Page 3, Line 27permit that was formally expired through an order issued prior

• Page 4, Line 1to September 1, 2025, or due to lack of evidence that water was

• Page 4, Line 2placed to beneficial use.

• Page 4, Line 3(2) (a)  If the well or wells described in a conditional permit have

• Page 4, Line 4been constructed in compliance with subsection (1) of this section, the

• Page 4, Line 5applicant permit holder, within three years after the date of the issuance

• Page 4, Line 6of said the permit, shall furnish by sworn affidavit, in the form

• Page 4, Line 7prescribed by the commission, evidence that water from such the well or

• Page 4, Line 8wells has been put to beneficial use; except that this paragraph (a)

• Page 4, Line 9subsection (2)(a) does not apply to a well described in a conditional

• Page 4, Line 10permit to withdraw designated groundwater from the Dawson, Denver,

• Page 4, Line 11Arapahoe, or Laramie-Fox Hills aquifers a bedrock aquifer.

• Page 4, Line 12(b)  Such affidavit shall be The affidavit is prima facie evidence

• Page 4, Line 13of the matters contained therein but shall be in the affidavit but is

• Page 4, Line 14subject to objection by others, including ground water management

• Page 4, Line 15districts, claiming to be injured thereby and to such verification and

• Page 4, Line 16inquiry as the commission shall consider considers appropriate in each

• Page 4, Line 17particular case.

• Page 4, Line 18(c)  If such the required affidavit is not furnished to the

• Page 4, Line 19commission within the time and as provided in this subsection (2), the

• Page 4, Line 20conditional permit shall expire expires and be of has no force or effect

• Page 4, Line 21except as provided in subsection (4) of this section.

• Page 4, Line 22(d)  If the well described in a conditional permit issued to

• Page 4, Line 23withdraw designated groundwater from the Dawson, Denver, Arapahoe,

• Page 4, Line 24or Laramie-Fox Hills aquifers a bedrock aquifer has been constructed

• Page 4, Line 25in compliance with subsection (1) of this section, the applicant permit

• Page 4, Line 26holder shall file a notice with the commission of commencement of

• Page 4, Line 27beneficial use on a form prescribed by the commission within thirty

• Page 5, Line 1thirty-five days after the first beneficial use of any water withdrawn

• Page 5, Line 2from the well.

• Page 5, Line 3(3) (a) (I)  To the extent that the commission finds that water has

• Page 5, Line 4been put to a beneficial use and that the other terms of the conditional

• Page 5, Line 5permit have been complied with and after publication of the information

• Page 5, Line 6required in the final permit, as provided in section 37-90-112, the

• Page 5, Line 7commission shall order the state engineer to issue a final permit to use

• Page 5, Line 8designated groundwater, containing such the limitations and conditions

• Page 5, Line 9as the commission deems necessary to prevent waste and to protect the

• Page 5, Line 10rights of other appropriators. In determining the extent of beneficial use

• Page 5, Line 11for the purpose of issuing final permits, the commission may use the same

• Page 5, Line 12criteria for determining the amount of water used on each acre that has

• Page 5, Line 13been irrigated that is used in evaluating the amount of water available for

• Page 5, Line 14appropriation under section 37-90-107. This subparagraph (I)

• Page 5, Line 15subsection (3)(a)(I) does not apply to a well described in a conditional

• Page 5, Line 16permit issued to withdraw designated groundwater from the Dawson,

• Page 5, Line 17Denver, Arapahoe, or Laramie-Fox Hills aquifers a bedrock aquifer.

• Page 5, Line 18(II)  A final permit is not required to be issued for a well described

• Page 5, Line 19in a conditional permit to withdraw designated groundwater from the

• Page 5, Line 20Dawson, Denver, Arapahoe, or Laramie-Fox Hills aquifers a bedrock

• Page 5, Line 21aquifer. For such a well, a conditional permit, subject to the conditions

• Page 5, Line 22of issuance of such a the permit, shall be is considered a final

• Page 5, Line 23determination of a well's water right if the well is in compliance with all

• Page 5, Line 24other applicable requirements of this article article 90.

• Page 5, Line 25(4)  The procedural requirement that a statement of beneficial use

• Page 5, Line 26shall be filed shall apply applies to all permits wherein the water was has

• Page 5, Line 27been put to beneficial use since May 17, 1965. If information pertaining

• Page 6, Line 1to completion of the well as required in subsection (1) of this section has

• Page 6, Line 2been received but evidence that water has been placed to beneficial use

• Page 6, Line 3has not been received as of three years after the date of issuance of the

• Page 6, Line 4conditional permit, the commission shall so notify the applicant permit

• Page 6, Line 5holder by certified mail. In the notice, the commission shall give the

• Page 6, Line 6applicant permit holder the opportunity to submit proof that the water

• Page 6, Line 7was put to beneficial use prior to three years after the date of issuance of

• Page 6, Line 8the conditional permit. If information pertaining to completion of

• Page 6, Line 9the well as required in subsection (1) of this section has not been

• Page 6, Line 10received, the commission shall, in the notice, give the permit

• Page 6, Line 11holder the opportunity to submit proof of well completion

• Page 6, Line 12along with the statement of beneficial use. The proof must be

• Page 6, Line 13received by the commission within twenty twenty-one days after receipt

• Page 6, Line 14of the notice by the applicant permit holder, and, if the conditional

• Page 6, Line 15permit was issued on or after July 14, 1975, the proof statement of

• Page 6, Line 16beneficial use must be accompanied by a filing fee of thirty dollars. If

• Page 6, Line 17the commission finds the proof to be satisfactory, the conditional permit

• Page 6, Line 18shall remain remains in force and effect and may be reinstated

• Page 6, Line 19pursuant to subsection (1)(d) of this section. If a response to the

• Page 6, Line 20notice is not received or the proof is unsatisfactory, the

• Page 6, Line 21conditional permit expires and cannot be reinstated. The

• Page 6, Line 22commission shall consider any records of the commission and any

• Page 6, Line 23evidence provided to the commission and all other matters set forth in this

• Page 6, Line 24section in determining whether the conditional permit should remain in

• Page 6, Line 25force and effect.

• Page 6, Line 26(6)  The procedural requirement that the well completion

• Page 6, Line 27information required by subsection (1) subsection (1)(b) of this section

• Page 7, Line 1be furnished to the commission shall apply applies to all permits issued

• Page 7, Line 2after May 17, 1965. If the well has been constructed within twenty-four

• Page 7, Line 3months after the date of issuance of the permit where the permit was

• Page 7, Line 4issued before June 7, 1979, or within twelve months after the date of

• Page 7, Line 5issuance of the permit where the permit was issued on or after June 7,

• Page 7, Line 61979, or by the expiration date of the permit, including any extension, but

• Page 7, Line 7the completion information has not been furnished to the commission

• Page 7, Line 8within six months after said allowable time for the well completion, the

• Page 7, Line 9commission shall so notify the applicant by certified mail. The notice

• Page 7, Line 10shall give the applicant the opportunity to submit proof that the well was

• Page 7, Line 11completed within the time specified above or by the expiration date of the

• Page 7, Line 12permit and to submit the information required by subsection (1) of this

• Page 7, Line 13section and a showing that, due to excusable neglect, inadvertence, or

• Page 7, Line 14mistake, the applicant failed to submit the evidence and information on

• Page 7, Line 15time. The proof and information must be received by the commission

• Page 7, Line 16within twenty days after receipt of the notice by the applicant and must

• Page 7, Line 17be accompanied by a filing fee of thirty dollars. If the commission finds

• Page 7, Line 18the proof to be satisfactory, the permit shall remain in force and effect.

• Page 7, Line 19The commission shall consider any records of the commission and any

• Page 7, Line 20evidence provided to the commission and all other matters set forth in this

• Page 7, Line 21section in determining whether the permit should remain in force and

• Page 7, Line 22effect.

• Page 7, Line 23SECTION 2.  In Colorado Revised Statutes, 37-90-137, amend

• Page 7, Line 24(3)(a)(I), (3)(c), and (3)(d); and add (3)(e) and (3)(f) as follows:

• Page 7, Line 2537-90-137.  Permits to construct wells outside designated

• Page 7, Line 26basins - fees - permit no groundwater right - evidence - time

• Page 7, Line 27limitation - well permits - rules. (3) (a) (I)  A permit to construct a well

• Page 8, Line 1outside the boundaries of a designated groundwater basin issued on or

• Page 8, Line 2after April 21, 1967, shall expire one year after issuance unless, before

• Page 8, Line 3the expiration and on forms as may be prescribed by the state engineer,

• Page 8, Line 4the applicant to whom the permit was issued, or the well construction

• Page 8, Line 5contractor, furnishes to the state engineer: expires two years after

• Page 8, Line 6issuance unless the well is constructed before the expiration of

• Page 8, Line 7the permit.

• Page 8, Line 8(A)  Evidence that the well was constructed and that the pump was

• Page 8, Line 9installed; or

• Page 8, Line 10(B)  A showing of good cause as to why the well has not been

• Page 8, Line 11constructed nor the pump installed and an estimate of time necessary to

• Page 8, Line 12complete the tasks, upon which the state engineer may extend the permit

• Page 8, Line 13for only one additional period, not to exceed one year. The limitation on

• Page 8, Line 14the extension of well permits provided in this sub-subparagraph (B) shall

• Page 8, Line 15not apply to well permits for federally authorized water projects contained

• Page 8, Line 16in paragraph (d) of this subsection (3). The state engineer shall charge a

• Page 8, Line 17fee of two hundred dollars for the extension; except that, on and after July

• Page 8, Line 181, 2006, the state engineer shall charge a fee of sixty dollars for the

• Page 8, Line 19extension.

• Page 8, Line 20(c)  If evidence that the well has been constructed and that the

• Page 8, Line 21pump was installed, as required pursuant to paragraph (a) of this

• Page 8, Line 22subsection (3), within two years after the date that the permit

• Page 8, Line 23was issued has not been received as of the expiration date of the permit

• Page 8, Line 24to construct a well furnished to the state engineer within the time

• Page 8, Line 25frame prescribed by rules adopted pursuant to section 37-91-104,

• Page 8, Line 26the well permit expires. The state engineer shall so notify the applicant

• Page 8, Line 27by certified mail. The notice shall give the applicant the opportunity to

• Page 9, Line 1submit evidence that the well was constructed and that the pump was

• Page 9, Line 2installed before the expiration date. The evidence must be received by the

• Page 9, Line 3state engineer within twenty-one days after receipt of the notice by the

• Page 9, Line 4applicant and must be accompanied by a filing fee of thirty dollars. If the

• Page 9, Line 5state engineer finds the evidence to be satisfactory, the permit shall

• Page 9, Line 6remain in force and effect. The state engineer shall consider any records

• Page 9, Line 7available in the state engineer's office, any evidence provided to the state

• Page 9, Line 8engineer, and all other matters set forth in this section in determining

• Page 9, Line 9whether the permit should remain in force and effect permit holder

• Page 9, Line 10and, if applicable, the contractor listed on the permit

• Page 9, Line 11application that the well permit is expired.

• Page 9, Line 12(d)  In the case of federally authorized water projects wherein well

• Page 9, Line 13permits are required by this section and have been secured, the expiration

• Page 9, Line 14dates thereof of the projects may be extended for additional periods,

• Page 9, Line 15not to exceed one year per extension, based upon a finding of good

• Page 9, Line 16cause by the state engineer following a review of any such project at least

• Page 9, Line 17annually by the state engineer. The state engineer may extend the

• Page 9, Line 18expiration of a permit if the person to whom the permit was

• Page 9, Line 19issued, on forms as may be prescribed by the state engineer,

• Page 9, Line 20furnishes to the state engineer a showing of good cause as to

• Page 9, Line 21why the well has not been constructed and an estimate of time

• Page 9, Line 22necessary to complete construction.

• Page 9, Line 23(e)  The state engineer may reinstate an expired well

• Page 9, Line 24permit if the state engineer receives satisfactory evidence that

• Page 9, Line 25the well was constructed within two years after the date that

• Page 9, Line 26the permit was issued, accompanied by a filing fee of thirty

• Page 9, Line 27dollars. The state engineer shall consider records of the state

• Page 10, Line 1engineer and evidence provided to the state engineer in

• Page 10, Line 2determining whether the permit should be reinstated.

• Page 10, Line 3(f)  Subsection (3)(e) of this section does not apply to a

• Page 10, Line 4well permit that formally expired through an order issued prior

• Page 10, Line 5to September 1, 2025.

• Page 10, Line 6SECTION 3.  In Colorado Revised Statutes, 37-90-107, amend

• Page 10, Line 7(7)(a), (7)(c)(I)(C), (7)(d)(I)(C), and (7)(d)(III) as follows:

• Page 10, Line 837-90-107.  Application for use of groundwater - publication

• Page 10, Line 9of notice - conditional permit - hearing on objections - well permits

• Page 10, Line 10- rules. (7) (a)  The commission shall allocate, upon the basis of the

• Page 10, Line 11ownership of the overlying land, any designated groundwater contained

• Page 10, Line 12in the Dawson, Denver, Arapahoe, or Laramie-Fox Hills bedrock

• Page 10, Line 13aquifers. Permits issued pursuant to this subsection (7) shall must allow

• Page 10, Line 14withdrawals on the basis of an aquifer life of one hundred years. The

• Page 10, Line 15commission shall adopt the necessary rules to carry out the provisions of

• Page 10, Line 16this subsection (7).

• Page 10, Line 17(c) (I) (C)  Effective July 1, 2006, Rights to designated

• Page 10, Line 18groundwater in the Dawson, Denver, Arapahoe, or Laramie-Fox Hills

• Page 10, Line 19bedrock aquifers to be allocated pursuant to paragraph (a) of this

• Page 10, Line 20subsection (7) may subsection (7)(a) of this section must be

• Page 10, Line 21determined in accordance with the provisions of this section. Any A

• Page 10, Line 22person desiring to obtain such a determination shall make application to

• Page 10, Line 23the commission in a form to be prescribed by the commission. A fee of

• Page 10, Line 24sixty dollars shall be submitted with the application for each aquifer,

• Page 10, Line 25which sum shall not be refunded. The application may must also include

• Page 10, Line 26a request for approval of a replacement plan if one is required under

• Page 10, Line 27commission rules to replace any depletions to alluvial aquifers caused due

• Page 11, Line 1to withdrawal of groundwater from the Dawson, Denver, Arapahoe, or

• Page 11, Line 2Laramie-Fox Hills bedrock aquifers.

• Page 11, Line 3(d) (I) (C)  Effective July 1, 2006, any A person desiring a permit

• Page 11, Line 4for a well to withdraw groundwater for a beneficial use from the Dawson,

• Page 11, Line 5Denver, Arapahoe, or Laramie-Fox Hills aquifers a bedrock aquifer

• Page 11, Line 6shall make application to the commission on a form to be prescribed by

• Page 11, Line 7the commission. A fee of one hundred dollars shall be submitted with the

• Page 11, Line 8application, which sum shall not be refunded.

• Page 11, Line 9(III)  The application for a well permit shall must also include a

• Page 11, Line 10replacement plan if one is required under commission rules to replace any

• Page 11, Line 11depletions to alluvial aquifers caused due to withdrawal of groundwater

• Page 11, Line 12from the Dawson, Denver, Arapahoe, or Laramie-Fox Hills aquifers a

• Page 11, Line 13bedrock aquifer and the required plan has not been approved pursuant

• Page 11, Line 14to paragraph (c) of this subsection (7) subsection (7)(c) of this

• Page 11, Line 15section. The publication and hearing requirements of this section shall

• Page 11, Line 16apply to an application for such a replacement plan.

• Page 11, Line 17SECTION 4.  In Colorado Revised Statutes, 37-90-109, amend

• Page 11, Line 18(4) as follows:

• Page 11, Line 1937-90-109.  Priority - discontinuance orders - grounds.

• Page 11, Line 20(4)  After establishing the proposed priority date and after receiving the

• Page 11, Line 21information required by section 37-90-108 (5) for the final permit on

• Page 11, Line 22claims for the beneficial use of designated groundwater, the commission

• Page 11, Line 23shall order the state engineer to issue a final permit to appropriate

• Page 11, Line 24designated groundwater in the manner and pursuant to the standards set

• Page 11, Line 25forth in section 37-90-108 for final permits; except that a final permit is

• Page 11, Line 26not required to be issued for a well described in a conditional permit

• Page 11, Line 27issued on or after July 1, 1991, to withdraw designated groundwater from

• Page 12, Line 1the Dawson, Denver, Arapahoe, or Laramie-Fox Hills aquifers a

• Page 12, Line 2bedrock aquifer and except that this section shall not apply does not

• Page 12, Line 3apply to any final priority lists established by the commission prior to

• Page 12, Line 4January 1, 1985, and any final permits issued pursuant to said lists.

• Page 12, Line 5SECTION 5.  In Colorado Revised Statutes, 37-90-111, amend

• Page 12, Line 6(5) as follows:

• Page 12, Line 737-90-111.  Powers of the ground water commission -

• Page 12, Line 8limitations. (5)  Notwithstanding any other provision of this article

• Page 12, Line 9article 90, the commission shall allocate, upon the basis of ownership

• Page 12, Line 10of the overlying land, any designated groundwater contained in the

• Page 12, Line 11Dawson, Denver, Arapahoe, or Laramie-Fox Hills aquifers a bedrock

• Page 12, Line 12aquifer. Permits issued pursuant to this subsection (5) shall must allow

• Page 12, Line 13withdrawals on the basis of an aquifer life of one hundred years.

• Page 12, Line 14SECTION 6.  In Colorado Revised Statutes, 37-90-112, amend

• Page 12, Line 15(3) as follows:

• Page 12, Line 1637-90-112.  Notice - publication. (3)  The time for filing any

• Page 12, Line 17written objections to notices described in this article shall extend article

• Page 12, Line 1890 extends to thirty thirty-five days following the last publication of

• Page 12, Line 19the notice.

• Page 12, Line 20SECTION 7.  In Colorado Revised Statutes, 37-92-401, amend

• Page 12, Line 21(1)(a), (2)(b), (3), (4), (5), (6), and (7) as follows:

• Page 12, Line 2237-92-401.  Tabulations of priorities and decennial

• Page 12, Line 23abandonment lists. (1) (a) (I)  The division engineer of each division

• Page 12, Line 24with the approval of the state engineer shall maintain a tabulation in order

• Page 12, Line 25of seniority of all decreed water rights and conditional water rights in his

• Page 12, Line 26or her division their divisions. The tabulations must describe each water

• Page 12, Line 27right and conditional water right by some appropriate means and must set

• Page 13, Line 1forth the priority and amount thereof as established by court decrees. In

• Page 13, Line 2making the tabulations, the division engineer may use such system of

• Page 13, Line 3numbering and listing water rights and conditional water rights in order

• Page 13, Line 4of seniority as is suited to the administrative needs of the particular

• Page 13, Line 5division or portion thereof of the division.

• Page 13, Line 6(II)  He or she The division engineer shall also prepare

• Page 13, Line 7decennially no later than July 1, 1990, and each tenth anniversary

• Page 13, Line 8thereafter, a separate abandonment list comprising all absolute water

• Page 13, Line 9rights that he or she has they have determined to have been abandoned

• Page 13, Line 10in whole or in part and that previously have not been adjudged to have

• Page 13, Line 11been abandoned. The division engineer shall prepare the list:

• Page 13, Line 12(A)  For water divisions 1, 2, and 3, as established in section

• Page 13, Line 1337-92-201 (1)(a) to (1)(c), no later than July 1, 2030, and no later

• Page 13, Line 14than July 1 of every subsequent tenth anniversary; and

• Page 13, Line 15(B)  For water divisions 4, 5, 6, and 7, as established in

• Page 13, Line 16section 37-92-201 (1)(d) to (1)(g), no later than July 1, 2035, and

• Page 13, Line 17no later than July 1 of every subsequent tenth anniversary.

• Page 13, Line 18(2) (b)  No later than July 31, 1990, and every tenth anniversary

• Page 13, Line 19thereafter 2030, for water divisions 1, 2, and 3, and July 31, 2035,

• Page 13, Line 20for water divisions 4, 5, 6, and 7, and no later than July 31 of

• Page 13, Line 21every subsequent tenth anniversary, respectively, the division

• Page 13, Line 22engineer shall mail a copy of the respective decennial abandonment list

• Page 13, Line 23by certified mail, return receipt requested, to the owner or last-known

• Page 13, Line 24owner or claimant, if known, of every absolute water right that the

• Page 13, Line 25division engineer has found to have been abandoned in whole or in part.

• Page 13, Line 26The division engineer shall make an appropriate examination to determine

• Page 13, Line 27the owner or claimant of such absolute water rights. The division engineer

• Page 14, Line 1shall also publish the respective portion of the decennial abandonment list

• Page 14, Line 2in each county in which the points of diversion of any absolute water

• Page 14, Line 3rights on the list are located. The publication shall be continued for four

• Page 14, Line 4successive weeks and shall be published, if possible, in a newspaper

• Page 14, Line 5published in the county where the decreed point of diversion of the water

• Page 14, Line 6right is located. The publication and mailing requirements of this

• Page 14, Line 7subsection (2)(b) apply only to absolute water rights or portions of

• Page 14, Line 8absolute water rights that previously have not been adjudged to have been

• Page 14, Line 9abandoned.

• Page 14, Line 10(3)  Any A person wishing to object to the manner in which a

• Page 14, Line 11water right or conditional water right is listed in the tabulation or to the

• Page 14, Line 12omission of a water right or conditional water right from the tabulation,

• Page 14, Line 13and not no later than July 1, 1991, and every tenth anniversary thereafter,

• Page 14, Line 14any 2031, for water divisions 1, 2, and 3, and July 1, 2036, for

• Page 14, Line 15water divisions 4, 5, 6, and 7, and no later than July 1 of every

• Page 14, Line 16subsequent tenth anniversary, respectively, a person wishing to

• Page 14, Line 17object to the inclusion of any absolute water right or portion thereof of

• Page 14, Line 18an absolute water right in the decennial abandonment list must

• Page 14, Line 19shall file a statement of objection in writing with the division engineer.

• Page 14, Line 20(4) (a)  Not No later than December 31, 1991, and every tenth

• Page 14, Line 21anniversary thereafter 2031, for water divisions 1, 2, and 3, and

• Page 14, Line 22December 31, 2036, for water divisions 4, 5, 6, and 7, and no later

• Page 14, Line 23than December 31 of every subsequent tenth anniversary,

• Page 14, Line 24respectively, the division engineer shall make any revisions he or she

• Page 14, Line 25deems they deem proper to the decennial abandonment list. In

• Page 14, Line 26considering the matters raised by statements of objection, the division

• Page 14, Line 27engineer may consult with any interested person. The division engineer

• Page 15, Line 1shall consult with the state engineer and shall make any revisions in the

• Page 15, Line 2decennial abandonment list determined by the state engineer to be

• Page 15, Line 3necessary or advisable.

• Page 15, Line 4(b)  Repealed.

• Page 15, Line 5(c)  The division engineer shall file the decennial abandonment

• Page 15, Line 6list, together with any revisions, signed by the division engineer and the

• Page 15, Line 7state engineer or his or her the state engineer's duly authorized deputy,

• Page 15, Line 8with the water clerk as promptly as possible, but not no later than

• Page 15, Line 9December 31, 1991, and every tenth anniversary thereafter 2031, for

• Page 15, Line 10water divisions 1, 2, and 3, and December 31, 2036, for water

• Page 15, Line 11divisions 4, 5, 6, and 7, and no later than December 31 of every

• Page 15, Line 12subsequent tenth anniversary, respectively. Each respective

• Page 15, Line 13division engineer and water clerk and the state engineer shall make a

• Page 15, Line 14copy of the decennial abandonment list, together with any revisions,

• Page 15, Line 15available for inspection in their offices at any time during regular office

• Page 15, Line 16hours, as well as on the state engineer's website, and the division engineer

• Page 15, Line 17shall furnish or mail a copy to anyone requesting a copy upon payment of

• Page 15, Line 18a fee in an amount set in accordance with section 24-72-205 (1)(b) and

• Page 15, Line 19(5).

• Page 15, Line 20(d)  If the decennial abandonment list is revised, the water clerk,

• Page 15, Line 21in cooperation with the division engineer, not no later than January 31,

• Page 15, Line 221992, and every tenth anniversary thereafter 2032, for water divisions

• Page 15, Line 231, 2, and 3, and January 31, 2037, for water divisions 4, 5, 6, and 7,

• Page 15, Line 24and no later than January 31 of every subsequent tenth

• Page 15, Line 25anniversary, respectively, shall provide notice of the revision in the

• Page 15, Line 26resume described in section 37-92-302 (3) of cases filed in the respective

• Page 15, Line 27water divisions during the month of December, stating that the revision

• Page 16, Line 1may be inspected or a copy thereof of the revision obtained as specified

• Page 16, Line 2in subsection (4)(c) of this section. In addition, the water clerk shall

• Page 16, Line 3publish the notice as is necessary to obtain general circulation once in

• Page 16, Line 4each county or the portion of the county that is in the division.

• Page 16, Line 5(5) (a)  Any A person who that wishes to protest the inclusion of

• Page 16, Line 6any a water right in a decennial abandonment list after its revision by the

• Page 16, Line 7division engineer shall file a written protest with the water clerk and with

• Page 16, Line 8the division engineer. All such protests to the decennial abandonment list

• Page 16, Line 9shall must be filed not no later than June 30, 1992, or the respective

• Page 16, Line 10tenth anniversary thereafter. Such 2032, for water divisions 1, 2, and

• Page 16, Line 113, and June 30, 2037, for water divisions 4, 5, 6, and 7, and no later

• Page 16, Line 12than June 30 of every subsequent tenth anniversary,

• Page 16, Line 13respectively. A protest shall set forth in detail the factual and legal

• Page 16, Line 14basis therefor for the protest. Service of a copy of the protest or any

• Page 16, Line 15other documents is not necessary for jurisdictional purposes, but the water

• Page 16, Line 16judge may order service of a copy of the protest or any other document on

• Page 16, Line 17any person and in any manner which he or she that the water judge

• Page 16, Line 18may deem appropriate. The fee for filing such the protest with the water

• Page 16, Line 19clerk shall be is forty-five dollars.

• Page 16, Line 20(b)  Fees collected pursuant to paragraph (a) of this subsection (5)

• Page 16, Line 21subsection (5)(a) of this section shall be transmitted to the state

• Page 16, Line 22treasurer and divided as follows:

• Page 16, Line 23(I)  Twenty dollars shall be deposited in the general fund;

• Page 16, Line 24(II)  Fifteen dollars shall be deposited in the judicial stabilization

• Page 16, Line 25cash fund created in section 13-32-101 (6); C.R.S.; and

• Page 16, Line 26(III)  Ten dollars shall be deposited in the justice center cash fund

• Page 16, Line 27created in section 13-32-101 (7)(a). C.R.S.

• Page 17, Line 1(6) (a)  Commencing on the September or October term-day of

• Page 17, Line 21992 2032 for water divisions 1, 2, and 3 and the September or

• Page 17, Line 3October term-day of 2037 for water divisions 4, 5, 6, and 7, as

• Page 17, Line 4provided in section 37-92-304 (1), and every subsequent tenth

• Page 17, Line 5anniversary thereafter, and of the respective term-day, continuing for

• Page 17, Line 6as long as may be necessary, the water judge of each division shall

• Page 17, Line 7conduct hearings on the decennial abandonment list filed by the division

• Page 17, Line 8engineer and any protests that have been filed with respect thereto to the

• Page 17, Line 9decennial abandonment list. The hearings shall be conducted in

• Page 17, Line 10accordance with the Colorado rules of civil procedure, the Colorado rules

• Page 17, Line 11of evidence, and any applicable local rules of court; except that no

• Page 17, Line 12pleadings other than the protest shall not be required. The protestant

• Page 17, Line 13shall appear either in person or by counsel in support of the protest. The

• Page 17, Line 14division engineer shall appear in support of the decennial abandonment

• Page 17, Line 15list, and, if requested by the division engineer, the attorney general shall

• Page 17, Line 16represent the division engineer.

• Page 17, Line 17(b)  The water judges of the various divisions shall arrange their

• Page 17, Line 18hearings, if necessary in their discretion, to accommodate counsel and

• Page 17, Line 19other persons who that may be involved in hearings in more than one

• Page 17, Line 20division.

• Page 17, Line 21(c)  Any person who that may be affected by the subject matter

• Page 17, Line 22of a protest or by any a ruling thereon on a protest shall be permitted

• Page 17, Line 23to participate in the hearings, either in person or by counsel, upon timely

• Page 17, Line 24entry of appearance. Such entry of appearance shall identify the portion

• Page 17, Line 25of the decennial abandonment list with respect to which the appearance

• Page 17, Line 26is being made. The water judge may continue the hearings as required to

• Page 17, Line 27insure ensure that all parties may be heard and their interests adequately

• Page 18, Line 1protected, and, in this connection, the water judge shall permit such

• Page 18, Line 2additional protests and order such service of notice and such additional

• Page 18, Line 3publication of the decennial abandonment list or portions thereof of the

• Page 18, Line 4list as will serve the ends of justice, it being the intent of the general

• Page 18, Line 5assembly that the water judge shall have wide discretion in the conduct

• Page 18, Line 6of such hearings so that the owners of water rights will be protected.

• Page 18, Line 7(d)  After the hearings are concluded, the water judge shall enter

• Page 18, Line 8a judgment and decree which shall that either incorporate the

• Page 18, Line 9abandonment list of the division engineer as filed or incorporate such list

• Page 18, Line 10with such modifications and conditions as the water judge may determine

• Page 18, Line 11proper after the hearings.

• Page 18, Line 12(7)  If no protests have been filed, then promptly after July 1, 1992,

• Page 18, Line 13and every tenth anniversary thereafter 2032, for water divisions 1, 2,

• Page 18, Line 14and 3, and July 1, 2037, for water divisions 4, 5, 6, and 7, and after

• Page 18, Line 15July 1 every subsequent tenth anniversary, respectively, the

• Page 18, Line 16water judge shall enter a judgment and decree incorporating and

• Page 18, Line 17confirming the decennial abandonment list of the division engineer

• Page 18, Line 18without modification.

• Page 18, Line 19SECTION 8.  In Colorado Revised Statutes, 37-90-103, add (3.5)

• Page 18, Line 20and (5.5) as follows:

• Page 18, Line 2137-90-103.  Definitions - rules- repeal. As used in this article 90,

• Page 18, Line 22unless the context otherwise requires:

• Page 18, Line 23(3.5)  "Bedrock aquifer" means a designated basin bedrock

• Page 18, Line 24aquifer.

• Page 18, Line 25(5.5)  "Designated basin bedrock aquifer" means a

• Page 18, Line 26designated groundwater aquifer defined as a bedrock aquifer

• Page 18, Line 27pursuant to rules adopted by the ground water commission,

• Page 19, Line 1where water is allocated on the basis of ownership of the

• Page 19, Line 2overlying land and the available groundwater volume beneath

• Page 19, Line 3the overlying land.

• Page 19, Line 4SECTION 9.  Act subject to petition - effective date -

• Page 19, Line 5applicability. (1)  This act takes effect at 12:01 a.m. on the day following

• Page 19, Line 6the expiration of the ninety-day period after final adjournment of the

• Page 19, Line 7general assembly; except that, if a referendum petition is filed pursuant

• Page 19, Line 8to section 1 (3) of article V of the state constitution against this act or an

• Page 19, Line 9item, section, or part of this act within such period, then the act, item,

• Page 19, Line 10section, or part will not take effect unless approved by the people at the

• Page 19, Line 11general election to be held in November 2026 and, in such case, will take

• Page 19, Line 12effect on the date of the official declaration of the vote thereon by the

• Page 19, Line 13governor.

• Page 19, Line 14(2)  This act applies to well permit applications that are pending

• Page 19, Line 15before, on, or after the applicable effective date of this act and to valid

• Page 19, Line 16well permits in existence before, on, or after the applicable effective date

• Page 19, Line 17of this act.