Colorado Swimming Pool Licensing Law
Colorado Code · 14 sections
The following is the full text of Colorado’s swimming pool licensing law statutes as published in the Colorado Code. For the official version, see the Colorado Legislature.
C.R.S. § 22-54-102
22-54-102. Statewide applicability - intergovernmental agreements - legislative declaration. (1) The general assembly finds and declares that this article 54 is enacted in furtherance of the general assembly's duty under section 2 of article IX of the state constitution to provide for a thorough and uniform system of public schools throughout the state; that a thorough and uniform system requires that all school districts and institute charter schools operate under the same finance formula; and that equity considerations dictate that all districts and institute charter schools be subject to the expenditure and maximum levy provisions of this article 54. Accordingly, the provisions of this article 54 concerning the financing of public schools apply to all school districts and institute charter schools organized under the laws of this state.
(2) (a) The general assembly further finds and declares that:
(I) A thorough and uniform system of public education creates a learning
environment in which all learners are civically engaged; physically, socially, and emotionally healthy; competent academic scholars; and, upon graduation, ready to contribute productively to the economy and prepared for a rapidly changing world;
(II) A world-class public education learning environment is critical to meeting
the workforce demands for Colorado's thriving and dynamic economy;
(III) The changing realities of Colorado's economy demand that students be
agile learners able to continuously learn, adapt, and shift into new roles by developing critical thinking, collaboration, and problem-solving skills;
(IV) The needs of the state require that all students, including those who are
underserved or face significant challenges in meeting Colorado's graduation guidelines, complete high school and are ready for career or postsecondary education;
(V) Colorado's total program formula, pursuant to section 22-54-104,
drastically underfunds Colorado's most historically underserved students, including at-risk students, English language learners, and students with special needs. Since the COVID-19 pandemic, the achievement gap between these students and their peers has grown exponentially. Research shows that directing additional funding to these students bolsters their academic outcomes.
(VI) Colorado's total program formula, pursuant to section 22-54-104, has
not been significantly updated since 1994. As the general assembly commits to fully buying down the budget stabilization factor, there is an opportune moment to modernize the total program formula to better meet the needs of students, educators, communities, and schools.
(VII) In the years since this article 54 was originally enacted in 1994,
constitutional provisions, statutory requirements, public expectations, and student demographics have placed greater demands on Colorado's public education learning environment; and
(VIII) Challenges to recruit and retain educators and school leaders, and
impediments to beneficial innovation, continue to threaten Colorado's public education learning environment.
(b) To provide each child in this state with a high-quality public education,
the general assembly finds and declares that Colorado's public school finance formula must be redesigned and modernized to:
(I) Prioritize equity by focusing on individual student needs, including
prioritized funding for students experiencing poverty, students with special education needs, and students who are English language learners;
(II) Recognize and adjust funding for differences among school districts and
public schools related to size, remoteness, and cost of living;
(III) Promote greater understanding of public education funding for
policymakers, educators, community members, families, and students by creating transparency and simplicity in the school finance formula calculation; and
(IV) Responsibly phase in a new total program formula over a period of time
so that it is sustainable, and allow school districts and schools an amount of time necessary to adjust to the phase-in.
(3) The general assembly finds and declares that in enacting this article 54 it
has adopted a formula for the support of schools; however, the adoption of the formula in no way is a commitment on the part of the general assembly concerning the level of total funding for schools.
(4) (a) This article 54 does not prohibit local governments from cooperating
with districts through intergovernmental agreements to fund, construct, maintain, or manage capital construction projects or other facilities as set forth in section 22-45-103 (1)(c)(I)(A) or (1)(c)(I)(D), including, but not limited to, swimming pools, playgrounds, or ball fields, if funding for the projects is provided solely from a source of local government revenue that is otherwise authorized by law, except impact fees or other similar development charges or fees.
(b) Notwithstanding subsection (4)(a) of this section to the contrary, this
subsection (4) does not:
(I) Limit or restrict a county's power to require the reservation or dedication
of sites and land areas for schools or the payment of money in lieu thereof pursuant to section 30-28-133 (4)(a); and
(II) Repealed.
(III) Grant authority to local governments to require the reservation or
dedication of sites and land areas for schools or the payment of money; however, the prohibition on impact fees or other similar development charges or fees contained in this subsection (4) does not restrict the authority of any local government to require the reservation or dedication of sites and land areas for schools or the payment of money if the local government otherwise has the authority granted by law.
Source: L. 94: Entire article added with relocations, p. 779, � 2, effective
April 27. L. 96: (3) added, p. 1802, � 29, effective June 4; (3) amended, p. 1859, � 1, effective June 5. L. 2000: (3)(a) amended, p. 520, � 6, effective August 2. L. 2004: (1) amended, p. 1636, � 41, effective July 1. L. 2006: (3)(b)(II) repealed, p. 611, � 39, effective August 7. L. 2015: (4) added, (SB 15-267), ch. 295, p. 1203, � 5, effective June 5. L. 2021: (5) added, (SB 21-268), ch. 222, p. 1187, � 26, effective June 11. L. 2024: Entire section amended, (HB 24-1448), ch. 236, p. 1480, � 2, effective May 23.
C.R.S. § 23-71-703
23-71-703. Power to issue securities. (1) The committee of any district, pursuant to authorizing resolution and subject to the provisions and contractual limitations in resolutions authorizing outstanding revenue bonds and other securities of the district, may issue, without an election, securities to defray, in whole or in part, the cost of a project in the manner provided in and subject to the limitations imposed by this part 7.
(2) The project may be the acquisition, by purchase, construction, or
otherwise, the improvement, or the equipment, or any combination thereof, of any dormitory, faculty or student housing unit, dining hall, recreational center, student center, laboratory, classroom, classroom building, administrative office, administrative building, swimming pool, gymnasium, athletic field, stadium, and any other building, structure, or land necessary or desirable for use in connection with a local district college of a district.
(3) The cost of the project may include, in the committee's discretion, all
incidental costs pertaining to the project and the financing thereof, including, without limitation, contingencies and the capitalization with proceeds of securities of operation and maintenance expenses appertaining to facilities to be acquired and interest on the securities for any period not exceeding the period estimated by the committee to effect the project plus one year, of any discount on the securities and of any reserves for payment of principal of and interest on the securities.
Source: L. 75: Entire article added, p. 783, � 1, effective July 1.
C.R.S. § 24-30-1510.5
24-30-1510.5. Self-insured property fund - creation - authorized and unauthorized payments - executive director authorized to make payments. (1) (a) There is hereby created in the state treasury a fund to be known as the self-insured property fund, which shall consist of all moneys that may be appropriated thereto by the general assembly or which may be otherwise made available to it by the general assembly. Moneys otherwise made available shall be deemed to include transfers of moneys to the fund authorized in the general appropriation act. All interest earned from the investment of moneys in the self-insured property fund shall be credited to the self-insured property fund and become a part thereof. The moneys in the fund are hereby continuously appropriated for the purposes of the self-insured property fund other than the direct and indirect administrative costs of operating the risk management system. The general assembly shall make annual appropriations from the fund for the direct and indirect administrative costs of operating the risk management system that are attributable to the operation of the self-insured property fund. At the end of any fiscal year, all unexpended and unencumbered moneys in the fund shall remain therein and shall not be credited or transferred to the general fund or any other fund.
(b) Notwithstanding any provision of this section to the contrary, on June 1,
2009, the state treasurer shall deduct one million two hundred ninety-five thousand fifty-five dollars from the self-insured property fund and transfer such sum to the general fund.
(2) The self-insured property fund shall maintain reserves for incurred but
unpaid loss or damage claims to state property. The self-insured property fund shall maintain reserves to provide for the contingency that the reserves set aside in the fund to meet estimated expenses are inadequate to cover the actual expenses realized. The executive director shall recommend the amount of money that is required to maintain adequate reserves. Adequate reserves shall be maintained in the self-insured property fund subject to available appropriations made by the general assembly in its discretion.
(3) Expenditures shall be made out of the self-insured property fund in
accordance with subsection (1) of this section only for the following purposes:
(a) To pay claims for loss or damage to state property subject to the
following conditions:
(I) Claims for loss or damage to real property shall be based on replacement
cost;
(II) Claims for loss or damage to personal property shall be based on actual
cash value;
(III) The loss or damage to property on which the claim is based shall have
been caused by one or more of the hazards covered under the self-insured property fund as set forth in subsection (5) of this section;
(IV) The principal state department shall pay a five-thousand-dollar
deductible for each occurrence;
(b) To procure and pay premiums for one or more policies of insurance
purchased pursuant to this part 15 to protect against loss or damage to state property;
(c) To pay the administrative costs of operating the risk management
system.
(4) Moneys in the self-insured property fund shall not be used to pay the
following:
(a) Claims for loss or damage to state property which are specifically insured
by a commercial insurance policy;
(b) Claims for extra expense and normal wear and tear.
(5) The self-insured property fund shall provide self-insurance for loss or
damage to state property due to the following hazards:
(a) Fire and lightning; except that coverage shall not be provided if the state
agency does not report such incident or occurrence to the appropriate fire department;
(b) Windstorm and hail;
(c) Debris removal in connection with a hazard that is covered under the self-insured property fund;
(d) Explosion;
(e) Sudden and accidental damage from smoke;
(f) Vandalism and malicious mischief;
(g) Theft of state-owned property; except that coverage shall not be
provided if the state agency does not report such theft to the appropriate law enforcement agency;
(h) Damage from the weight of ice or snow; except that outdoor equipment,
awnings, fences, pavements, patios, swimming pools, wharves, and docks are not covered;
(i) Flood;
(j) Earthquake;
(k) Business interruption if the state is obligated under the terms of a lease
or bond issue to continue making payments on the state property after the loss or damage has occurred and if the business interruption is caused by a hazard that is covered under the self-insured property fund;
(l) Any other hazard that the executive director determines pursuant to rule
and regulation is appropriate for inclusion under the self-insured property fund.
(6) The executive director or a designee of the executive director is
authorized to pay property claims of a state agency subject to available funds in the self-insured property fund and subject to the limitations in this section. The executive director or a designee of the executive director is authorized to provide for the repair and replacement of property consistent with the provisions of this part 15 and is authorized to provide for the payment of the costs of such repair and replacement out of the self-insured property fund. Disbursements from the self-insured property fund for claims of state agencies for loss or damage to property shall be paid by the state treasurer upon warrants drawn in accordance with the law upon vouchers issued by the department of personnel.
(7) Repealed.
Source: L. 86, 2nd Ex. Sess.: Entire section added, p. 65, � 7, effective
August 25. L. 88: (7) repealed, p. 914, � 3, effective April 20. L. 96: (1), (2), (3)(c), (5)(l), and (6) amended, pp. 1505, 1521, �� 22, 62, effective June 1. L. 2009: (1) amended, (SB 09-279), ch. 367, p. 1927, � 9, effective June 1. L. 2010: (3)(a)(IV) amended, (HB 10-1181), ch. 351, p. 1622, � 9, effective June 7.
C.R.S. § 24-34-600.3
24-34-600.3. Definitions. As used in this part 6, unless the context otherwise requires:
(1) (a) Place of public accommodation means any place of business
engaged in any sales to the public and any place offering services, facilities, privileges, advantages, or accommodations to the public, including but not limited to:
(I) Any business offering wholesale or retail sales to the public;
(II) Any place to eat, drink, sleep, or rest, or any combination thereof;
(III) Any sporting or recreational area and facility;
(IV) Any public transportation facility;
(V) A barber shop, bathhouse, swimming pool, bath, steam or massage
parlor, gymnasium, or other establishment conducted to serve the health, appearance, or physical condition of a person;
(VI) A campsite or trailer camp;
(VII) A dispensary, clinic, hospital, convalescent home, or other institution for
the sick, ailing, aged, or infirm;
(VIII) A mortuary, undertaking parlor, or cemetery;
(IX) An educational institution; or
(X) Any public building, park, arena, theater, hall, auditorium, museum,
library, exhibit, or public facility of any kind whether indoor or outdoor.
(b) Place of public accommodation does not include a church, synagogue,
mosque, or other place that is principally used for religious purposes.
Source: L. 2025: Entire section added with relocations, (SB 25-275), ch. 377,
p. 2063, � 156, effective August 6.
Editor's note: This section is similar to former � 24-34-601 (1) as it existed
prior to 2025.
C.R.S. § 24-72-113
24-72-113. Limit on retention of passive surveillance records - definition. (1) As used in this section, passive surveillance means the use by a government entity of a digital video camera, video tape camera, closed circuit television camera, film camera, photo radar recorder, or other image recording device positioned to capture moving or still pictures or images of human activity on a routine basis or for security or other purposes, including monitoring or recording traffic, weather conditions, office activities, transit facilities, parking garages, sports venues, schools, day care centers, hospitals or other medical facilities, recreational facilities, playgrounds, swimming pools, or utility facilities. Passive surveillance does not include surveillance triggered by a certain event or activity and that does not monitor at regular intervals. Passive surveillance does not include the use of toll collection cameras.
(2) (a) The custodian, as defined in section 24-72-202, may only access a
passive surveillance record beyond the first anniversary after the date of the creation of the passive surveillance record, and up to the third anniversary after the date of the creation of the passive surveillance record, if there has been a notice of claim filed, or an accident or other specific incident that may cause the passive surveillance record to become evidence in any civil, labor, administrative, or felony criminal proceeding, in which case the passive surveillance record may be retained. The custodian shall preserve a record of the reason for which the passive surveillance record was accessed and the person who accessed the passive surveillance record beyond the first anniversary after its creation. All passive surveillance records must be destroyed after the third anniversary after the date of the creation of the passive surveillance record unless retention is authorized by this section.
(b) This section does not apply to passive surveillance records of any
correctional facility, local jail, or private contract prison, as defined in section 17-1-102, any juvenile facility operated by the Colorado department of human services, as listed in sections 19-2.5-1502, 19-2.5-1511, and 19-2.5-1527 to 19-2.5-1529, or any passive surveillance records made or maintained as required under federal law.
Source: L. 2014: Entire section added, (HB 14-1152), ch. 96, p. 350, � 1,
effective April 4. L. 2021: (2)(b) amended, (SB 21-059), ch. 136, p. 745, � 118, effective October 1.
PART 2
INSPECTION, COPYING, OR PHOTOGRAPHING
Cross references: For provisions concerning the distribution of reports of
agencies pursuant to the Information Coordination Act, see � 24-1-136; for provisions concerning access to records pursuant to federal law, see the Freedom of Information Act, 5 U.S.C. � 552.
Law reviews: For article, 'Columbine' and Colorado's Records Acts, see 45
Colo. Law. 45 (Sept. 2016).
C.R.S. § 25-1-1511
25-1-1511. Repeal of part - sunset review. This part 15 is repealed, effective September 1, 2032. Before the repeal, this part 15 is scheduled for review in accordance with section 2-3-1203.
Source: L. 2022: Entire part added, (SB 22-186), ch. 488, p. 3540, � 1,
effective August 10.
ARTICLE 1.5
Powers and Duties of the Department
of Public Health and Environment
Editor's note: This article was added with relocations in 2003. Former C.R.S.
section numbers are shown in editor's notes following those sections that were relocated.
PART 1
GENERAL POWERS AND DUTIES
25-1.5-100.3. Definitions. As used in this article 1.5, unless the context
otherwise requires:
(1) Department means the department of public health and environment
created in section 25-1-102 (1).
Source: L. 2025: Entire section added, (SB 25-275), ch. 377, p. 2075, � 201,
effective August 6.
25-1.5-101. Powers and duties of department - laboratory cash fund - office
of suicide prevention - suicide prevention coordination cash fund - dispensation of payments under contracts with grantees - report - definitions. (1) The department has, in addition to all other powers and duties imposed upon it by law, the powers and duties provided in this section as follows:
(a) To close theaters, schools, and other public places, and to forbid
gatherings of people when necessary to protect the public health;
(b) (I) To establish and enforce minimum general sanitary standards as to the
quality of wastes discharged upon land and the quality of fertilizer derived from excreta of human beings or from the sludge of sewage disposal plants.
(II) The phrase minimum general sanitary standards as used in this section
means the minimum standards reasonably consistent with assuring adequate protection of the public health. The word standards as used in this section means standards reasonably designed to promote and protect the public health.
(c) (I) To collect, compile, and tabulate reports of marriages, dissolution of
marriages, declaration of invalidity of marriages, births, deaths, and morbidity and to require any person having information with regard to the same to make such reports and submit such information as the board shall by rule or regulation provide.
(II) For the purposes of this paragraph (c), the board is authorized to require
reporting of morbidity and mortality in accordance with the provisions of section 25-1-122.
(d) To regulate the disposal, transportation, interment, and disinterment of
the dead;
(e) (I) To establish, maintain, and approve chemical, bacteriological, and
biological laboratories, and to conduct such laboratory investigations and examinations as it may deem necessary or proper for the protection of the public health.
(II) The department shall transmit all fees received by the department in
connection with the laboratories established pursuant to this paragraph (e), with the exception of fees received pursuant to part 10 of article 4 of this title that are credited to the newborn screening and genetic counseling cash funds created in section 25-4-1006 (1), to the state treasurer, who shall deposit them in the laboratory cash fund, which is hereby created in the state treasury. The state treasurer shall credit all interest earned from the revenues in the fund to the fund. At the end of each fiscal year, the unencumbered balance of the fund remains in the fund. The revenues in the fund are subject to annual appropriation by the general assembly to the department to carry out its duties under this paragraph (e).
(f) To make, approve, and establish standards for diagnostic tests by
chemical, bacteriological, and biological laboratories, and to require such laboratories to conform thereto; and to prepare, distribute, and require the completion of forms or certificates with respect thereto;
(g) To purchase, and to distribute to licensed physicians and veterinarians,
with or without charge, as the board may determine upon considerations of emergency or need, such vaccines, serums, toxoids, and other approved biological or therapeutic products as may be necessary for the protection of the public health;
(h) To establish and enforce sanitary standards for the operation and
maintenance of orphanages, day care nurseries, foster homes, family care homes, summer camps for children, lodging houses, outdoor nature-based preschool programs, guest child care facilities and public services short-term child care facilities as defined in section 26.5-5-303, hotels, public conveyances and stations, schools, factories, workshops, industrial and labor camps, recreational resorts and camps, swimming pools, public baths, mobile home parks, and other buildings, centers, and places used for public gatherings;
(i) (I) (A) To establish sanitary standards and make sanitary, sewerage, and
health inspections and examinations for charitable, penal, and other public institutions.
(B) As used in this subsection (1)(i), penal institution means any local
detention center, correctional facility, holding facility, secure residential treatment center, prison, camp, or other facility in which persons are or may be lawfully held in custody, including any public or private facility in Colorado that houses or detains noncitizens for purposes of civil immigration proceedings, including any facility that houses or detains minors, on behalf of the federal office of refugee resettlement or the United States immigration and customs enforcement agency.
(C) With respect to the state institutions under the department of human
services specified in section 27-90-104 or under the department of corrections specified in section 17-1-104.3 (1)(b), such inspections and examinations must be made at least once each year and additional unannounced inspections may be conducted after the annual inspection. Reports on such inspections of institutions under control of the department of human services or the department of corrections must be made to the executive director of the appropriate department for appropriate action, if any.
(D) With respect to any facility that houses or detains noncitizens for
purposes of civil immigration proceedings, such inspections and examinations must be made annually, and additional unannounced inspections may be conducted after the annual inspection.
(E) Repealed.
(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (i),
the standards adopted pursuant to subparagraph (I) of this paragraph (i) with regard to space requirements, furnishing requirements, required special use areas or special management housing, and environmental condition requirements, including but not limited to standards pertaining to light, ventilation, temperature, and noise level, shall not apply to any penal institution operated by or under contract with a county or municipality if the penal institution begins operations on or after August 30, 1999, and if the governing body of the jurisdiction operating the penal institution has adopted standards pertaining to such issues for the penal institution pursuant to section 30-11-104 (1), C.R.S., or section 31-15-711.5, C.R.S., whichever is applicable.
(j) (I) To:
(A) Collect, compile, and tabulate public health information from data
sources and data provided to the department, to the extent permissible under applicable federal and state data privacy laws, rules, and regulations and federal contracts, including information concerning race, ethnicity, disability, sexual orientation, and gender identity; except that nothing in this section requires any individual to provide information relating to the individual's race, ethnicity, disability, sexual orientation, or gender identity;
(B) Establish a process for, and provide technical assistance relating to, the
collection, compilation, and tabulation of public health information described in subsection (1)(j)(I)(A) of this section; and
(C) Disseminate public health information;
(II) To provide poison control services, for the fiscal year beginning July 1,
2002, and fiscal years thereafter, on a statewide basis and to provide for the dissemination of information concerning the care and treatment of individuals exposed to poisonous substances pursuant to article 32 of this title;
(k) To establish and enforce standards for exposure to toxic materials in the
gaseous, liquid, or solid phase that may be deemed necessary for the protection of public health;
(l) To establish and enforce standards for exposure to environmental
conditions, including radiation, that may be deemed necessary for the protection of the public health;
(m) (I) To accept and expend on behalf of and in the name of the state, gifts,
donations, and grants for any purpose connected with the work and programs of the department.
(II) Any such property so given shall be held by the state treasurer, but the
department shall have the power to direct the disposition of any property so given for any purpose consistent with the terms and conditions under which such gift was created.
(n) To carry out the policies of the state as set forth in part 1 of article 6 of
this title with respect to family planning;
(o) To carry out the policies of this state relating to the Colorado Health
Care Coverage Act as set forth in parts 1 and 4 of article 16 of title 10, C.R.S.;
(p) To compile and maintain current information necessary to enable the
department to answer any inquiry concerning the proper action to take to counteract, eliminate, or minimize the public health hazards of a hazardous substance incident involving any specific kind of hazardous substance. To make such information available and to facilitate the reporting of hazardous substance incidents, the department shall establish, maintain, and publicize an environmental emergency telephone service that shall be available to the public twenty-four hours each day. With respect to the powers and duties specified in this paragraph (p), the department shall have no rule-making authority and shall avail itself of all available private resources. As used in this paragraph (p), the terms hazardous substance and hazardous substance incident shall have the meanings ascribed to them in section 29-22-101, C.R.S. The department shall coordinate its activities pursuant to this section with the Colorado state patrol.
(q) (I) To establish and maintain a statewide cancer registry providing for
compilation and analysis of appropriate information regarding incidence, diagnosis, treatment, and end results and any other data designed to provide more effective cancer control for the citizens of Colorado.
(II) For the purposes of this paragraph (q), the board is authorized to require
reports relating to cancer in accordance with the provisions of section 25-1-122 and to have access to medical records relating to cancer in accordance with the provisions of section 25-1-122.
(r) To operate and maintain a program for children with disabilities to provide
and expedite provision of health-care services to children who have congenital birth defects or who are the victims of burns or trauma or children who have acquired disabilities;
(s) To annually enter into an agreement with a qualified person to perform
necessary hazardous substance incident response actions when such actions are beyond the ability of the local and state response capabilities. Such response actions may include, but are not limited to, containment, clean-up, and disposal of a hazardous substance. Nothing in this article shall prevent the attorney general's office from pursuing cost recovery against responsible persons.
(t) To operate special health programs for migrant and seasonal farm
workers and their dependent family members and to accept and employ federal and other moneys appropriated to implement such programs;
(u) To carry out the duties prescribed in article 11.5 of title 16, C.R.S., relating
to substance abuse in the criminal justice system;
(v) To establish and maintain a statewide gulf war syndrome registry
pursuant to part 19 of article 4 of this title providing for compilation and analysis of information regarding incidence, diagnosis, treatment, and treatment outcomes of veterans or family members of veterans suffering from gulf war syndrome;
(w) (I) To operate the office of suicide prevention, which is established in the
division of prevention services in the department. The office of suicide prevention serves as the coordinator for crisis and suicide prevention programs throughout the state, including the Colorado suicide prevention plan established in section 25-1.5-112 and the crisis and suicide prevention training grant program established in section 25-1.5-113. For the purposes of this subsection (1)(w), the term comprehensive suicide prevention or suicide prevention includes the following components:
(A) Strategies or approaches that seek to prevent the onset of suicidal
despair, commonly known as suicide prevention;
(B) Public health intervention supports, including community training,
workforce development, quality improvement and provision of technical assistance to support the adoption of best suicide attempt behavior intervention and postvention practices and policies; and
(C) Postvention responses to and support for individuals and communities
affected by the aftermath of a suicide attempt.
(II) The department is authorized to accept gifts, grants, and donations on
behalf of the office of suicide prevention. The department shall transmit all such gifts, grants, and donations to the state treasurer who shall credit the same to the suicide prevention coordination cash fund, which fund is hereby created. The fund also consists of any money appropriated or transferred to the fund by the general assembly for the purposes of implementing section 25-1.5-112. Any money remaining in the suicide prevention coordination cash fund at the end of any fiscal year must remain in the fund and must not be transferred or credited to the general fund. The general assembly shall make appropriations from the suicide prevention coordination cash fund for expenditures incurred by the department or the office of suicide prevention in the performance of its duties pursuant to this subsection (1)(w) and section 25-1.5-112.
(III) (A) Notwithstanding section 24-1-136 (11)(a)(I), as part of the duties of the
office of suicide prevention, on or before each November 1, the office of suicide prevention shall submit to the chairs of the senate health and human services committee and the house of representatives health and human services committee, or their successor committees, and to the members of the joint budget committee, a report listing all crisis and suicide prevention programs in the state and describing the effectiveness of the office of suicide prevention in acting as the coordinator for crisis and suicide prevention programs. For the report submitted in 2013 and each year thereafter, the office of suicide prevention shall include any findings and recommendations it has to improve crisis and suicide prevention in the state. For the report submitted in 2024 and each year thereafter, the office of suicide prevention shall include a summary of the report pursuant to section 25-1.5-113.5 (5)(b).
(B) (Deleted by amendment, L. 2012.)
(IV) The department and the office of suicide prevention may collaborate
with the school safety resource center and with each facility licensed or certified pursuant to section 25-1.5-103 in order to coordinate services related to crisis and suicide prevention, as that term is defined in this subsection (1)(w), including relevant training and other services as part of the Colorado suicide prevention plan established in section 25-1.5-112. When a facility treats a person who has attempted suicide or exhibits a suicidal gesture, the facility may provide oral and written information or educational materials to the person or, in the case of a minor, to parents, relatives, or other responsible persons to whom the minor will be released, prior to the person's release, regarding warning signs of depression, risk factors of suicide, methods of preventing suicide, available resources for comprehensive suicide prevention, and any other information concerning suicide awareness, and prevention. The facility shall also provide oral and written information or educational materials to the person or, in the case of a minor, to parents, relatives, or other responsible persons to whom the minor will be released, prior to the person's release, concerning the after-effects of a suicide attempt. The department and the office of suicide prevention may work with facilities and the Colorado suicide prevention plan to determine whether and where gaps exist in comprehensive suicide prevention programs and services, including gaps that may be present in:
(A) The comprehensive suicide prevention information and materials being
used and distributed in facilities throughout the state;
(B) Comprehensive suicide prevention resources available to persons who
attempt suicide or exhibit a suicidal gesture and, when the person is a minor, to parents, relatives, and other responsible persons to whom a minor is released; and
(C) The process for referring persons who attempt suicide or exhibit a
suicidal gesture to comprehensive suicide prevention services and programs or other appropriate health-care providers for treatment.
(V) The department and the office of suicide prevention shall prepare written
information for primary care offices and providers throughout the state. The information must be region-specific concerning how to recognize and respond to a suicidal patient and include separate written information for providers and information that may be shared with patients.
(x) To implement the state dental loan repayment program created in article
23 of this title;
(y) To coordinate with the United States secretary of the interior and the
United States secretary of agriculture to develop resource management plans consistent with this article for federal lands pursuant to 16 U.S.C. sec. 530, 16 U.S.C. sec. 1604, and 43 U.S.C. sec. 1712;
(z) To perform the duties specified in part 6 of article 10 of title 30, C.R.S.,
relating to the Colorado coroners standards and training board;
(aa) To determine if there is a shortage of drugs critical to the public safety
of the people of Colorado and declare an emergency for the purpose of preventing the practice of unfair drug pricing as prohibited by section 6-1-714, C.R.S.;
(bb) To include on its public website home page a link to forms containing
advanced directives regarding a person's acceptance or rejection of life-sustaining medical or surgical treatment, which forms are available to be downloaded electronically;
(cc) To carry out the health survey for birthing parents and reporting
requirements set forth in part 7 of this article 1.5.
(2) (a) Notwithstanding any provision of this title 25, in contracting with any
grantee for the provision of any service for the purposes of this title 25, the department may dispense up to twenty-five percent of the total value of the payments under the contract to the grantee immediately upon the execution or renewal of the contract.
(b) As used in this subsection (2), grantee means a person that:
(I) Is awarded a grant pursuant to a grant program that is managed or
overseen by the department;
(II) Pursuant to the conditions of the awarded grant, is a party to a contract
with the department;
(III) Is classified as a nonprofit organization or a charitable organization by
the federal internal revenue service and has submitted written proof of such classification to the department; and
(IV) Satisfies any criteria established by the department for the purpose of
implementing this subsection (2).
Source: L. 2003: Entire article added with relocations, p. 676, � 2, effective
July 1; (1)(y) added, p. 1035, � 7, effective April 17; (1)(z) added, p. 1830, � 2, effective August 6. L. 2005: (1)(aa) added, p. 372, � 1, effective April 22. L. 2007: (1)(h) amended, p. 866, � 4, effective May 14. L. 2010: (1)(i)(I) amended, (SB 10-175), ch. 188, p. 798, � 58, effective April 29; (1)(bb) added, (HB 10-1050), ch. 80, p. 271, � 2, effective August 11. L. 2011: (1)(e) amended, (SB 11-161), ch. 12, p. 34, � 1, effective March 9. L. 2012: (1)(w)(III) amended and (1)(w)(IV) added, (HB 12-1140), ch. 173, p. 619, � 1, effective May 11. L. 2015: (1)(m)(I) amended, (SB 15-247), ch. 165, p. 505, � 3, effective May 8. L. 2016: (1)(h) amended, (SB 16-189), ch. 210, p. 769, � 58, effective June 6; (1)(w)(I), (1)(w)(II), and IP(1)(w)(IV) amended, (SB 16-147), ch. 364, p. 1521, � 3, effective June 10. L. 2017: (1)(w)(III)(A) amended, (SB 17-056), ch. 33, p. 92, � 1, effective March 16. L. 2018: (1)(w)(I), (1)(w)(II), (1)(w)(III)(A), and IP(1)(w)(IV) amended, (SB 18-272), ch. 333, p. 2005, � 4, effective August 8. L. 2020: (1)(i)(I) amended, (HB 20-1409), ch. 275, p. 1349, � 1, effective July 11. L. 2021: (1)(w)(I) and (1)(w)(IV) amended and (1)(w)(V) added, (HB 21-1119), ch. 49, p. 207, � 4, effective September 7; (2) added, (HB 21-1247), ch. 219, p. 1154, � 1, effective September 7. L. 2022: (1)(j)(I) amended, (HB 22-1157), ch. 321, p. 2271, � 1, effective June 2; (1)(cc) added, (HB 22-1289), ch. 399, p. 2837, � 7, effective June 7; (1)(h) amended, (HB 22-1295), ch. 123, p. 845, � 68, effective July 1. L. 2024: (1)(w)(III)(A) amended, (SB 24-007), ch. 401, p. 2761, � 3, effective June 5; (1)(h) amended, (SB 24-078), ch. 441, p. 3087, � 4, effective August 7.
Editor's note: (1) This section is similar to former � 25-1-107 (1)(c), (1)(e), (1)(f),
(1)(g), (1)(h), (1)(i), (1)(j), (1)(m), (1)(n), (1)(q), (1)(s), (1)(t), (1)(u), (1)(v), (1)(w), (1)(y), (1)(z), (1)(aa), (1)(bb), (1)(cc), (1)(ff), (1)(hh), (1)(ii), and (1)(kk) as they existed prior to 2003.
(2) Subsection (1)(i)(I)(E) provided for the repeal of subsection (1)(i)(I)(E),
effective July 1, 2021. (See L. 2020, p. 1349.)
Cross references: For the legislative declaration contained in the 2003 act
enacting (1)(y), see section 1 of chapter 145, Session Laws of Colorado 2003. For the legislative declaration in SB 18-272, see section 1 of chapter 333, Session Laws of Colorado 2018. For the legislative declaration in HB 21-1119, see section 1 of chapter 49, Session Laws of Colorado 2021. For the legislative declaration in HB 22-1289, see section 1 of chapter 399, Session Laws of Colorado 2022. For the legislative declaration in SB 24-007, see section 1 of chapter 401, Session Laws of Colorado 2024. For the legislative declaration in SB 24-078, see section 1 of chapter 441, Session Laws of Colorado 2024.
25-1.5-102. Epidemic and communicable diseases - powers and duties of
department - rules - definitions. (1) The department has, in addition to all other powers and duties imposed upon it by law, the powers and duties provided in this section as follows:
(a) (I) To investigate and control the causes of epidemic and communicable
diseases affecting the public health.
(II) For the purposes of this paragraph (a), the board shall determine, by rule
and regulation, those epidemic and communicable diseases and conditions that are dangerous to the public health. The board is authorized to require reports relating to such designated diseases in accordance with the provisions of section 25-1-122 and to have access to medical records relating to such designated diseases in accordance with the provisions of section 25-1-122.
(III) For the purposes of this paragraph (a), epidemic diseases means cases
of an illness or condition, communicable or noncommunicable, in excess of normal expectancy, compared to the usual frequency of the illness or condition in the same area, among the specified population, at the same season of the year. A single case of a disease long absent from a population may require immediate investigation.
(IV) For the purposes of this paragraph (a), communicable diseases means
an illness due to a specific infectious agent or its toxic products that arises through transmission of that agent or its products from an infected person, animal, or reservoir to a susceptible host, either directly or indirectly through an intermediate plant or animal host, vector, or the inanimate environment.
(b) (I) To investigate and monitor the spread of disease that is considered
part of an emergency epidemic, as defined in section 24-33.5-703 (4), to determine the extent of environmental contamination resulting from the emergency epidemic, and to rapidly provide epidemiological and environmental information to the state board of health.
(II) Except as otherwise directed by executive order of the governor, the
department shall exercise its powers and duties to control epidemic and communicable diseases and protect the public health as set out in this section.
(III) The department may accept and expend federal funds, gifts, grants, and
donations for the purposes of an emergency epidemic or preparation for an emergency epidemic.
(IV) When a public safety worker, emergency medical service provider, peace
officer, or staff member of a detention facility has been exposed to blood or other bodily fluid which there is a reason to believe may be infectious with hepatitis C, the state department and county, district, and municipal public health agencies within their respective jurisdictions shall assist in evaluation and treatment of any involved persons by:
(A) Accessing information on the incident and any persons involved to
determine whether a potential exposure to hepatitis C occurred;
(B) Examining and testing such involved persons to determine hepatitis C
infection when the fact of an exposure has been established by the state department or county, district, or municipal public health agency;
(C) Communicating relevant information and laboratory test results on the
involved persons to such persons' attending physicians or directly to the involved persons if the confidentiality of such information and test results is acknowledged by the recipients and adequately protected, as determined by the state department or county, district, or municipal public health agency; and
(D) Providing counseling to the involved persons on the potential health risks
resulting from exposure and the available methods of treatment.
(V) The employer of an exposed person shall ensure that relevant
information and laboratory test results on the involved person are kept confidential. Such information and laboratory results are considered medical information and protected from unauthorized disclosure.
(VI) For purposes of this paragraph (b), public safety worker includes, but is
not limited to, law enforcement officers, peace officers, and firefighters.
(c) To establish, maintain, and enforce isolation and quarantine, and, in
pursuance thereof and for this purpose only, to exercise such physical control over property and the persons of the people within this state as the department may find necessary for the protection of the public health;
(d) To abate nuisances when necessary for the purpose of eliminating
sources of epidemic and communicable diseases affecting the public health.
(e) Repealed.
(2) Notwithstanding any other provision of law to the contrary, the
department shall administer the provisions of this section regardless of an individual's race, religion, gender, ethnicity, national origin, or immigration status.
Source: L. 2003: Entire article added with relocations, p. 680, � 2, effective
July 1; IP(1)(b)(IV) amended, p. 1617, � 23, effective August 6. L. 2006, 1st Ex. Sess.: (2) added, p. 25, � 2, effective July 31. L. 2010: IP(1)(b)(IV), (1)(b)(IV)(B), and (1)(b)(IV)(C) amended, (HB 10-1422), ch. 419, p. 2091, � 86, effective August 11. L. 2013: (1)(b)(I) amended, (HB 13-1300), ch. 316, p. 1687, � 72, effective August 7. L. 2018: (1)(b)(I) amended, (HB 18-1394), ch. 234, p. 1473, � 20, effective August 8. L. 2022: (1)(e) added, (SB 22-226), ch. 179, p. 1192, � 10, effective May 18. L. 2023: (1)(e) amended, (HB 23-1246), ch. 199, p. 1019, � 7, effective May 16. L. 2024: (1)(e) amended, (HB 24-1465), ch. 257, p. 1684, � 7, effective May 24; (1)(e) amended, (HB 24-1466), ch. 429, p. 2941, � 27, effective June 5. L. 2025: (1)(b)(I) amended, (HB 25-1027), ch. 65, p. 274, � 9, effective April 10; (1)(e) repealed, (SB 25-312), ch. 301, p. 1538, � 19, effective May 30.
Editor's note: (1) This section is similar to former � 25-1-107 (1)(a), (1)(a.5),
(1)(b), and (1)(d) as they existed prior to 2003.
(2) Amendments to subsection (1)(b)(IV) by House Bill 03-1266 and Senate
Bill 03-002 were harmonized.
(3) Amendments to subsection (1)(e) by HB 24-1465 and HB 24-1466 were
harmonized.
Cross references: For the legislative declaration in SB 22-226, see section 1
of chapter 179, Session Laws of Colorado 2022. For the legislative declaration in HB 23-1246, see section 1 of chapter 199, Session Laws of Colorado 2023. For the legislative declaration in HB 24-1466, see section 1 of chapter 429, Session Laws of Colorado 2024.
25-1.5-103. Health facilities - powers and duties of department - rules -
limitations on rules - definitions - repeal. (1) The department has, in addition to all other powers and duties imposed upon it by law, the powers and duties provided in this section as follows:
(a) (I) (A) To annually license and to establish and enforce standards for the
operation of general hospitals, hospital units as defined in section 25-3-101 (2), freestanding emergency departments as defined in section 25-1.5-114, critical access hospitals as defined in section 25-1.5-114.5, psychiatric hospitals, community clinics, rehabilitation hospitals, convalescent centers, facilities for persons with intellectual and developmental disabilities, nursing care facilities, hospice care, assisted living residences, dialysis treatment clinics, ambulatory surgical centers, birthing centers, home care agencies, and other facilities of a like nature, except those wholly owned and operated by a governmental unit or agency.
(A.5) Repealed.
(B) In establishing and enforcing such standards and in addition to the
required announced inspections, the department shall, within available appropriations, make additional inspections without prior notice to the health facility, subject to sub-subparagraph (C) of this subparagraph (I). Such inspections shall be made only during the hours of 7 a.m. to 7 p.m.
(C) The department shall extend the survey cycle or conduct a tiered
inspection or survey of a health facility licensed for at least three years and against which no enforcement activity has been taken, no patterns of deficient practices exist, as documented in the inspection and survey reports issued by the department, and no substantiated complaint resulting in the discovery of significant deficiencies that may negatively affect the life, health, or safety of consumers of the health facility has been received within the three years prior to the date of the inspection. The department may expand the scope of the inspection or survey to an extended or full survey if the department finds deficient practice during the tiered inspection or survey. The department, by rule, shall establish a schedule for an extended survey cycle or a tiered inspection or survey system designed, at a minimum, to: Reduce the time needed for and costs of licensure inspections for both the department and the licensed health facility; reduce the number, frequency, and duration of on-site inspections; reduce the scope of data and information that health facilities are required to submit or provide to the department in connection with the licensure inspection; reduce the amount and scope of duplicative data, reports, and information required to complete the licensure inspection; and be based on a sample of the facility size. Nothing in this subsection (1)(a)(I)(C) limits the ability of the department to conduct a periodic inspection or survey that is required to meet its obligations as a state survey agency on behalf of the federal centers for medicare and medicaid services or the department of health care policy and financing to assure that the health facility meets the requirements for participation in the medicare and medicaid programs or limits the ability of the department to enter, survey, and investigate hospitals pursuant to section 25-3-128.
(D) In connection with the renewal of licenses issued pursuant to this
subparagraph (I), the department shall institute a performance incentive system pursuant to section 25-3-105 (1)(a)(I)(C).
(E) The department shall not cite as a deficiency in a report resulting from a
survey or inspection of a licensed health facility any deficiency from an isolated event identified by the department that can be effectively remedied during the survey or inspection of the health facility, unless the deficiency caused harm or a potential for harm, created a life- or limb-threatening emergency, or was due to abuse or neglect.
(F) Sections 24-4-104, C.R.S., and 25-3-102 govern the issuance, suspension,
renewal, revocation, annulment, or modification of licenses. All licenses issued by the department must contain the date of issue and cover a twelve-month period. Nothing contained in this paragraph (a) prevents the department from adopting and enforcing, with respect to projects for which federal assistance has been obtained or is requested, higher standards as may be required by applicable federal laws or regulations of federal agencies responsible for the administration of applicable federal laws.
(II) To establish and enforce standards for the operation and maintenance of
the health facilities named in subparagraph (I) of this paragraph (a), wholly owned and operated by the state or any of its political subdivisions, and no such facility shall be operated or maintained without an annual certificate of compliance;
(b) To suspend, revoke, or refuse to renew any license issued to a health
facility pursuant to subparagraph (I) or (II) of paragraph (a) of this subsection (1) if such health facility has committed abuse of health insurance pursuant to section 18-13-119, C.R.S., or if such health facility has advertised through newspapers, magazines, circulars, direct mail, directories, radio, television, or otherwise that it will perform any act prohibited by section 18-13-119 (3), C.R.S., unless the health facility is exempted from section 18-13-119 (5), C.R.S.;
(c) Repealed.
(d) (I) To ensure that each hospital that provides nonemergent perinatal care
services is complying with the requirements specified in section 25-52-106.5, including participating in at least one maternal or infant health quality improvement initiative and submitting outcome data to the perinatal quality collaborative defined in section 25-52-103 (3).
(II) This subsection (1)(d) is repealed, effective September 1, 2029.
(2) As used in this section, unless the context otherwise requires:
(a) and (a.3) Repealed.
(a.5) Community clinic has the same meaning as set forth in section 25-3-101 and does not include:
(I) A federally qualified health center, as defined in the federal Social
Security Act, 42 U.S.C. sec. 1395x (aa)(4);
(II) A rural health clinic as defined in section 1861 (aa)(2) of the federal
Social Security Act, 42 U.S.C. sec. 1395x (aa)(2); or
(III) A freestanding emergency department, as defined in and required to be
licensed under section 25-1.5-114.
(b) Repealed.
(b.5) Enforcement activity means the imposition of remedies such as civil
money penalties; appointment of a receiver or temporary manager; conditional licensure; suspension or revocation of a license; a directed plan of correction; intermediate restrictions or conditions, including retaining a consultant, department monitoring, or providing additional training to employees, owners, or operators; or any other remedy provided by state or federal law or as authorized by federal survey, certification, and enforcement regulations and agreements for violations of federal or state law.
(c) Facility for persons with developmental disabilities means a facility
specially designed for the active treatment and habilitation of persons with intellectual and developmental disabilities or a community residential home, as defined in section 25.5-10-202, C.R.S., which is licensed and certified pursuant to section 25.5-10-214, C.R.S.
(d) Hospice care means an entity that administers services to a terminally
ill person utilizing palliative care or treatment.
(3) (a) In the exercise of its powers pursuant to this section, the department
shall not promulgate any rule, regulation, or standard relating to nursing personnel for rural nursing care facilities, rural intermediate care facilities, and other rural facilities of a like nature more stringent than the applicable federal standards and regulations.
(b) For purposes of this subsection (3), rural means:
(I) A county of less than fifteen thousand population; or
(II) A municipality of less than fifteen thousand population which is located
ten miles or more from a municipality of over fifteen thousand population; or
(III) The unincorporated part of a county ten miles or more from a
municipality of fifteen thousand population or more.
(c) A nursing care facility which is not rural as defined in paragraph (b) of this
subsection (3) shall meet the licensing requirements of the department for nursing care facilities. However, if a registered nurse hired pursuant to department regulations is temporarily unavailable, a nursing care facility may use a licensed practical nurse in place of a registered nurse if such licensed practical nurse is a current employee of the nursing care facility.
(3.5) Repealed.
(4) In the exercise of its powers, the department shall not promulgate any
rule, regulation, or standard that limits or interferes with the ability of an individual to enter into a contract with a private pay facility concerning the programs or services provided at the private pay facility. For the purposes of this subsection (4), private pay facility means a skilled nursing facility or intermediate care facility subject to the requirements of section 25-1-120 or an assisted living residence licensed pursuant to section 25-27-105 that is not publicly funded or is not certified to provide services that are reimbursed from state or federal assistance funds.
(5) (a) This subsection (5) applies to construction, including substantial
renovation, and ongoing compliance with article 33.5 of title 24, C.R.S., of a health-care facility building or structure on or after July 1, 2013. All health facility buildings and structures shall be constructed in conformity with the standards adopted by the director of the division of fire prevention and control in the department of public safety.
(b) Except as provided in paragraph (c) of this subsection (5) but
notwithstanding any other provision of law to the contrary, the department shall not issue or renew any license under this article unless the department has received a certificate of compliance from the division of fire prevention and control certifying that the building or structure of the health facility is in conformity with the standards adopted by the director of the division of fire prevention and control.
(c) The department has no authority to establish or enforce standards
relating to building or fire codes. All functions, personnel, and property of the department as of June 30, 2013, that are principally directed to the administration, inspection, and enforcement of any building or fire codes or standards shall be transferred to the health facility construction and inspection section of the division of fire prevention and control pursuant to section 24-33.5-1201 (5), C.R.S.
(d) Notwithstanding any provision of law to the contrary, all health facilities
seeking certification pursuant to the federal insurance or assistance provided by Title XIX of the federal Social Security Act, as amended and commonly known as medicaid, or the federal insurance or assistance provided by Title XVIII of the federal Social Security Act, as amended and commonly known as medicare, or any successor code adopted or promulgated by the appropriate federal authorities, shall continue to meet such certification requirements.
(e) Nothing in this subsection (5) divests the department of the authority to
perform health survey work or prevents the department from accessing related funds.
(6) (a) The department shall collaborate with the department of education,
the department of health care policy and financing, and the department of human services to develop an interagency resource guide pursuant to section 22-2-410 to assist facilities to become licensed or authorized as approved facility schools and to recommend changes related to the interagency resource guide to the department's statute, rule, or administrative procedures.
(b) The department shall prominently post the interagency resource guide
created pursuant to subsection (6)(a) of this section on the department's website.
Source: L. 2003: Entire article added with relocations, p. 682, � 2, effective
July 1. L. 2006: (1)(a)(I), (1)(c)(I), (2), and (2)(b) amended, pp. 1389, 1404, �� 21, 63, effective August 7. L. 2008: (3.5) added, p. 1947, � 1, effective June 2; (1)(a)(I) amended, p. 2232, � 1, effective August 5. L. 2010: (3.5)(a)(I) amended, (SB 10-175), ch. 188, p. 798, � 59, effective April 29. L. 2011: (2)(a.5) added, (HB 11-1101), ch. 94, p. 277, � 1, effective April 8; (2)(a.5) amended, (HB 11-1323), ch. 265, p. 1198, � 1, effective June 2. L. 2012: (1)(a)(I), (1)(c), and IP(2)(a.5) amended and (2)(b.5) added, (HB 12-1294), ch. 252, p. 1251, � 2, effective June 4; (5) added, (HB 12-1268), ch. 234, p. 1024, � 1, effective July 1, 2013. L. 2013: (5)(a) amended, (HB 13-1300), ch. 316, p. 1687, � 73, effective August 7; (1)(a)(I)(A) and (2)(c) amended, (HB 13-1314), ch. 323, p. 1806, � 37, effective March 1, 2014. L. 2017: (2)(b) amended, (SB 17-242), ch. 263, p. 1323, � 184, effective May 25. L. 2019: (1)(a)(I)(A) and (2)(a.5)(II) amended and (2)(a.5)(III) added, (HB 19-1010), ch. 324, p. 2997, � 2, effective August 2; (3.5) amended, (HB 19-1060), ch. 10, p. 40, � 3, effective August 2; (1)(a)(I)(A) and (1)(c) amended and (2)(a.3) added, (HB 19-1237), ch. 413, p. 3639, � 8, effective July 1, 2021. L. 2020: (2)(a.5)(I) amended, (SB 20-136), ch. 70, p. 287, � 21, effective September 14. L. 2022: (1)(a)(I)(C) amended, (HB 22-1401), ch. 178, p. 1180, � 2, effective May 18; (1)(a)(I)(A.5) added and (3.5) repealed, (HB 22-1278), ch. 222, pp. 1583, 1506, �� 211, 52, effective July 1; IP(2) and (2)(a.3)(I) amended, (HB 22-1295), ch. 123, p. 845, � 69, effective July 1; (1)(a)(I)(A) amended (HB 22-1278), ch. 222, p. 1591, � 226, effective July 1, 2024; (2)(a)(II), (2)(a.3)(II), and (2)(b)(II) added by revision, (HB 22-1278), ch. 222, pp. 1591, 1605, �� 226, 263(1)(b). L. 2023: (6) added, (SB 23-219), ch. 88, p. 333, � 12, effective April 20; (1)(a)(I)(A.5), (2)(a.3)(II), and (2)(b)(II) amended and (1)(c)(III) added, (HB 23-1236), ch. 206, p. 1052, � 7, effective May 16. L. 2024: (1)(d) added, (SB 24-175), ch. 433, p. 3035, � 2, effective June 5; (1)(a)(I)(A) amended, (SB 24-121), ch. 439, p. 3065, � 1, effective August 7.
Editor's note: (1) This section is similar to former � 25-1-107 (1)(l), (3), and (4)
as they existed prior to 2003.
(2) Amendments to subsection (2) in sections 21 and 63 of House Bill 06-1277 were harmonized. As a result of the harmonization, subsection (2)(a) in section
63 of House Bill 06-1277 was renumbered as subsection (2)(b).
(3) Amendments to subsection (1)(a)(I)(A) by HB 19-1010 and HB 19-1237 were
harmonized, effective July 1, 2021.
(4) Subsection (2)(a.3)(I) was amended in HB 22-1295. Those amendments
were superseded by the repeal of subsection (2.3)(a) in SB 22-1278, effective July 1, 2024.
(5) Subsection (2)(a)(II) provided for the repeal of subsection (2)(a), effective
July 1, 2024. (See L. 2022, pp. 1591, 1605.)
(6) Subsections (1)(a)(I)(A.5), (1)(c)(III), (2)(a.3)(II), and (2)(b)(II) provided for the
repeal of subsections (1)(a)(I)(A.5), (1)(c), (2)(a.3), and (2)(b), respectively, effective January 1, 2025. (See L. 2023, p. 1052.)
Cross references: For the legislative declaration in the 2012 act amending
subsections (1)(a)(I) and (1)(c) and the introductory portion to subsection (2)(a.5) and adding subsection (2)(b.5), see section 1 of chapter 252, Session Laws of Colorado 2012. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in HB 19-1060, see section 1 of chapter 10, Session Laws of Colorado 2019. For the legislative declaration in SB 20-136, see section 1 of chapter 70, Session Laws of Colorado 2020.
25-1.5-104. Regulation of standards relating to food - powers and duties of
department. (1) The department has, in addition to all other powers and duties imposed upon it by law, the powers and duties provided in this section as follows:
(a) To impound any vegetables and other edible crops and meat and animal
products intended for and unfit for human consumption, and, upon five days' notice and after affording reasonable opportunity for a hearing to the interested parties, to condemn and destroy the same if deemed necessary for the protection of the public health;
(b) (I) To promulgate and enforce rules, regulations, and standards for the
grading, labeling, classification, and composition of milk, milk products, and dairy products, including imitation dairy products; to establish minimum general sanitary standards of quality of all milk, milk products, dairy products, and imitation dairy products sold for human consumption in this state; to inspect and supervise, in dairy plants or dairy farms and in other establishments handling any milk, milk products, dairy products, or imitation dairy products, the sanitation of production, processing, and distribution of all milk, milk products, dairy products, and imitation dairy products sold for human consumption in this state and, to this end, to take samples of milk, milk products, dairy products, and imitation dairy products for bacteriological, chemical, and other analyses; and to enforce the standards for milk, milk products, dairy products, and imitation dairy products in processing plants, dairy farms, and other facilities and establishments handling, transporting, or selling such products; to certify persons licensed by the department under the provisions of section 25-5.5-107 as duly qualified persons for the purpose of collecting raw milk samples for official analyses in accordance with minimum qualifications established by the department; to issue, for the fees established by law, licenses and temporary permits to operate milk plants, dairy plants, receiving stations, dairy farms, and other facilities manufacturing any milk, milk products, dairy products, or imitation dairy products for human consumption.
(II) The phrase minimum general sanitary standards as used in this section
means the minimum standards reasonably consistent with assuring adequate protection of the public health. The word standards as used in this section means standards reasonably designed to promote and protect the public health.
(c) To promulgate and enforce rules and regulations for the labeling and sale
of oleomargarine and for the governing of milk- or cream-weighing-and-testing operations;
(d) To approve all oils used in reading tests of samples of cream and milk;
(e) To examine and license persons to sample or test milk, cream, or other
dairy products for the purpose of determining the value of such products or to instruct other persons in the sampling and testing of such products and to cancel licenses issued by the department on account of incompetency or any violation of the provisions of the dairy laws or the rules and regulations promulgated by the board;
(f) To license manufacturers of oleomargarine;
(g) To establish and enforce sanitary standards for the operation of
slaughtering, packing, canning, and rendering establishments and stores, shops, and vehicles wherein meat and animal products intended for human consumption may be offered for sale or transported, but this shall not be construed to authorize any state officer or employee to interfere with regulations or inspections made by anyone acting under the laws of the United States.
Source: L. 2003: Entire article added w
C.R.S. § 25-5-801
25-5-801. Definitions. As used in this part 8, unless the context otherwise requires:
(1) Natural swimming area means a designated portion of a natural or
impounded body of water in which the designated portion is devoted to swimming, recreative bathing, or wading and for which an individual is charged a fee for the use of such area for such purposes. Appurtenances used in connection with the natural swimming area shall also be included.
(2) Swimming area means a designated body of water of such volume and
depth that one or more persons can swim in it and which is used for the purpose of swimming, recreative bathing, or wading and includes natural swimming areas and swimming pools.
(3) Swimming pool means a body of water, other than a natural swimming
area, maintained exclusively for swimming, recreative bathing, or wading and includes appurtenances used in connection with the swimming pool.
Source: L. 63: p. 541, � 1. C.R.S. 1963: � 66-22-1.
C.R.S. § 25-5-803
25-5-803. Sanitation of swimming areas. (1) A swimming area shall be kept clean and free of all accumulations of trash, garbage, filth, and debris. Concentrations of any other matter in the water shall not be injurious to health.
(2) All swimming areas shall provide separate toilet facilities for both males
and females, and swimming pools shall also provide separate shower and locker room facilities; except that swimming pools used in connection with hotels, motels, apartment houses, and private clubs shall not be required to furnish separate shower, toilet, and locker room facilities. All such facilities shall be kept clean and free from dirt, refuse, soiled toweling, or other noxious material.
(3) A swimming pool shall have an apparatus for the continuous removal
from the water of suspended, floating, and settleable substances. Equipment for the disinfection of water shall be provided that shall be capable of either maintaining a minimum concentration of not less than twenty-five hundredths part per million of free chlorine residual or maintaining the minimum standards for drinking water in effect on January 1, 1969, as specified by the public health service of the United States department of health, education, and welfare. The water shall be kept clear enough to permit the bottom of the pool to be visible from the surface.
Source: L. 63: p. 542, � 3. C.R.S. 1963: � 66-22-3. L. 69: p. 470, � 1.
C.R.S. § 25-5-804
25-5-804. Safety standards for swimming areas. (1) All natural swimming areas shall have a sanded beach the slope of which shall not be steeper than one foot of fall to ten feet of horizontal distance and shall be posted with warning signs, buoys, or other markers located not more than one hundred feet apart and visible to a person of ordinary visual acuity at a distance of not less than one hundred feet to mark water over three feet in depth and to mark the exterior limits of the designated swimming area. There shall also be provided not less than one life ring fifteen inches in diameter with seventy-five feet of three-sixteenths inch manila line attached which shall be hung in a conspicuous place on the beach where it shall be kept readily available for use. Each natural swimming area shall also have not less than one square-sterned boat with oars and oarlocks which shall be used only for lifesaving purposes. All other floating craft shall be excluded from the swimming areas except for enforcement craft when necessary to provide adequate supervision. When night swimming is permitted in the natural swimming area, the beach shall be fully illuminated.
(2) The diving tower or springboard, when provided, shall be rigidly
constructed and securely anchored.
(3) Swimming pools shall be equipped with not less than one lightweight
reaching pole of not less than twelve feet in length and not less than one life ring fifteen inches in diameter with seventy-five feet of three-sixteenths inch manila line attached, both of which shall be kept in a conspicuous place readily available to persons in the pool. When night swimming is permitted, the pool, adjacent area, and all appurtenances shall be fully illuminated.
Source: L. 63: p. 542, � 4. C.R.S. 1963: � 66-22-4.
C.R.S. § 25-5-805
25-5-805. Connection with potable water. All potable water supply sources connected to the swimming pool or pool appurtenances shall be protected against contamination by means of an air gap or equivalent device, and such device shall be placed between the source of the potable water supply and the pool or pool appurtenance.
Source: L. 63: p. 543, � 5. C.R.S. 1963: � 66-22-5.
C.R.S. § 25-5-809
25-5-809. Applicability of part 8. This part 8 shall not apply to any swimming pool constructed in connection with or appurtenant to a single-family dwelling, condominium, or apartment house, which pool is used solely by the persons living within such dwelling, condominium, or apartment house and the guests of such persons.
Source: L. 63: p. 543, � 9. C.R.S. 1963: � 66-22-9.
C.R.S. § 25-8-205.1
25-8-205.1. State waters protection - applicability - program to regulate the discharge of dredged or fill material - duties of commission and division - applicability and scope of section - legislative declaration - definitions - rules - repeal. (1) Legislative declaration. (a) The general assembly finds that:
(I) On May 25, 2023, the United States supreme court issued an opinion in
Sackett v. Environmental Protection Agency, 598 U.S. 651 (2023), that interpreted the types of water resources that are considered to be waters of the United States, which are subject to federal permitting requirements under section 404 of the federal Clean Water Act, Pub.L. 92-500, codified at 33 U.S.C. sec. 1251 et seq., as amended, for the discharge of dredged or fill material. The Sackett ruling became immediately effective in Colorado, and the federal environmental protection agency and the United States Army corps of engineers subsequently published new regulations seeking to conform to the Sackett ruling. As a result, federal permitting requirements for the discharge of dredged or fill material no longer apply to certain state waters, including many wetlands.
(II) As of March 2024, Colorado has not had a state program to authorize the
discharge of dredged or fill material into state waters and has instead relied on the United States Army corps of engineers section 404 permit program. The new definition of waters of the United States under Sackett, which narrows federal jurisdiction in this area, has created a need for a state dredge and fill program. With fewer federal discharge permits being issued by the United States Army corps of engineers following Sackett, many streams, lakes, and wetlands in Colorado are at risk of irreversible harm.
(III) Some projects involving the discharge of dredged or fill material, such as
those for flood control; stream restoration; water development; construction or maintenance of underground utilities, roads, transit, rail, and housing; and similar efforts that are no longer regulated by the federal act as a result of Sackett, face regulatory uncertainty unless Colorado develops its own dredge and fill program; and
(IV) The department of public health and environment led stakeholder
efforts during 2023 that focused on regulatory options to address the Sackett decision, and the provisions of this section directly reflect the input received during these efforts concerning exempted activities and excluded types of waters.
(b) The general assembly further finds that:
(I) Water is Colorado's most critical natural resource, and safeguarding
water quality is of paramount importance for the protection of public health and Colorado's environment;
(II) Colorado's wetlands and seasonal streams play a crucial role in
maintaining water quality for drinking water and wildlife habitats, recharging groundwater, controlling floods, and keeping pollution from entering larger bodies of water;
(III) Given the crucial role that wetlands play in protecting Colorado's water
resources, it is in the state's interest to expressly include wetlands as a category of state waters in the definition of that term used in this article 8. This clarification is consistent with and reiterates the department of public health and environment's longstanding recognition through rules and program implementation that wetlands are state waters deserving of protection under this article 8.
(IV) Developing a state dredge and fill program will benefit the entities that
wish to engage in dredge and fill projects within Colorado because, without a discharge authorization framework, those projects will be prohibited to the detriment of Colorado's economy and general welfare;
(V) A state dredge and fill program can provide a mechanism for protecting
the chemical, physical, and biological integrity of Colorado's water resources while facilitating a strong and prosperous economy; and
(VI) Notwithstanding the narrower scope of waters protected at the federal
level after the Sackett decision, the United States Army corps of engineers' section 404 permit program provides a well-established and protective framework upon which Colorado should model its own dredge and fill program.
(c) Now, therefore, the general assembly declares that:
(I) This section is necessary to establish a comprehensive dredge and fill
program to protect state waters, no matter how the federal term waters of the United States is defined in the future; and
(II) For the purpose of providing clarification concerning the limitations on
the scope of Colorado's dredge and fill program going forward, the program established in this section includes:
(A) Express exemptions for certain types of activities that are not subject to
dredge and fill program requirements; and
(B) Express exclusions for certain types of waters that may otherwise fall
under the definition of state waters.
(2) Applicability - limitations. Nothing in this section applies to the activities
of federally recognized Indian tribes, Indians, their political subdivisions, or tribally controlled affiliates, which activities are undertaken or to be undertaken on lands within the boundaries of an Indian reservation located within the state. Additionally, nothing in this section applies to the activities of third-party non-Indian owners and operators, which activities are undertaken or to be undertaken with respect to reservation waters on Indian trust lands within the boundaries of an Indian reservation located within the state. With regard to privately owned fee land, as defined in section 25-7-1302 (4), within the boundaries of an Indian reservation located within the state, this section applies only to the discharge of dredged or fill materials of persons who are not Indians.
(3) Definitions. As used in this section, unless the context otherwise
requires:
(a) Clean Water Policy 17 means the division's Clean Water Policy 17,
Enforcement of Unpermitted Discharges of Dredged and Fill Material into State Waters.
(b) Compensatory mitigation means the restoration, reestablishment,
rehabilitation, establishment, creation, enhancement, or preservation of state waters for the purpose of offsetting unavoidable adverse impacts that remain after all appropriate and practicable avoidance and minimization has been achieved.
(c) Consultation means to give a federal, state, local, or tribal entity the
opportunity to provide special expertise to authorization processes and technical groups, act as a cooperating agency, or engage as mutually agreed by the division and the entity.
(d) (I) Discharge of dredged or fill material means, except as described in
subsection (3)(d)(II) of this section, any addition of dredged or fill material into, including redeposit of dredged or fill material other than incidental fallback within, state waters. The term includes:
(A) The addition of dredged or fill material to a specified discharge site
located in state waters;
(B) Runoff or overflow from a contained land or water disposal area; and
(C) Any addition, including redeposit other than incidental fallback, of
dredged or fill material into state waters that is incidental to any activity, including mechanized land clearing, ditching, channelization, or other excavation.
(II) Discharge of dredged or fill material does not include:
(A) Discharges of pollutants into state waters resulting from the onshore
processing of dredged material that is extracted for any commercial use other than fill, which discharges are subject to section 402 of the federal act, even though the extraction and deposit of such material may require a section 404 permit or an authorization issued pursuant to this section;
(B) Activities that involve only the cutting or removing of vegetation above
the ground, such as mowing, rotary cutting, and chainsawing, so long as the activity neither substantially disturbs the vegetation's root system nor involves mechanized pushing, dragging, or other similar activities that redeposit excavated soil material; or
(C) Incidental fallback.
(e) (I) Discharge of fill material means, except as described in subsection
(3)(e)(II) of this section, the addition of fill material into state waters. The term includes:
(A) Placement of fill material that is necessary for the construction of any
structure or infrastructure in state waters;
(B) The building of any structure, infrastructure, or impoundment requiring
rock, sand, dirt, or other material for its construction;
(C) Site development fills for recreational, industrial, commercial, residential,
or other uses;
(D) Causeways or road fills;
(E) Dams and dikes;
(F) Artificial islands;
(G) Property protection or reclamation devices such as riprap;
(H) Levees;
(I) Placement of fill material for infrastructure such as sewage treatment
facilities, intake and outfall pipes associated with power plants, and subaqueous utility lines;
(J) Placement of fill material for construction or maintenance of any liner,
berm, or other infrastructure associated with solid waste landfills; and
(K) Placement of overburden, slurry, tailings, or similar mining-related
materials.
(II) Discharge of fill material does not include:
(A) Plowing, cultivating, seeding, or harvesting for the production of food,
fiber, or forest products; or
(B) Placement of pilings in state waters, unless the placement has or would
have the effect of a discharge of fill material. Placement of pilings for linear projects, such as bridges, elevated walkways, and power line structures, generally does not have the effect of a discharge of fill material. Furthermore, placement of pilings in state waters for a pier, a wharf, or an individual house on stilts generally does not have the effect of a discharge of fill material. Examples of activities that would have the effect of a discharge of fill material include projects where the pilings are so closely spaced that sedimentation rates would be increased, projects in which the pilings themselves effectively would replace the bottom of a body of state waters, projects involving the placement of pilings that would reduce the reach or impair the flow or circulation of state waters, and projects involving the placement of pilings that would result in the adverse alteration or elimination of aquatic functions.
(f) Drainage ditch means a ditch that is designed for at least the partial
purpose of increasing drainage of a particular land area or infrastructure for purposes including agriculture; transportation, including roadside and railroad transportation; mosquito abatement; and stormwater management.
(g) Dredge and fill activity means an activity that includes the discharge of
dredged or fill material.
(h) Dredge and fill program means the regulatory dredge and fill discharge
authorization program described by this section, including the rules promulgated by the commission, as administered by the division pursuant to this section.
(i) Dredged material means material that is excavated or dredged from
state waters.
(j) Dredged or fill material means dredged material or fill material.
(k) Ecological lift means an improvement in the biological health, as well as
the chemical, geomorphic, or hydrologic health, of an area that has been damaged, degraded, or destroyed.
(l) Fens or peatlands means wetlands with organic soil that are classified
as a histosol in the guidance document titled Field Indicators of Hydric Soils in the United States published by the federal natural resources conservation service.
(m) (I) Fill material means, except as described in subsection (3)(m)(III) of
this section, material placed in state waters where the material has the effect of:
(A) Replacing any portion of state waters with upland; or
(B) Changing the bottom elevation of any portion of any state waters.
(II) Fill material includes rock, sand, soil, clay, plastics, construction debris,
wood chips, overburden from mining or other excavation activities, and materials used to create any structure or infrastructure in state waters.
(III) Fill material does not include solid waste.
(n) Isolated ordinary high watermark reaches means reaches of state
waters with an ordinary high watermark that are bordered upstream and downstream by uplands.
(o) Isolated ponds and impoundments means ponds and impoundments
that are not within the one-hundred-year floodplain or within one thousand five hundred feet of an ordinary high watermark of other state waters. In the absence of one-hundred-year floodplain mapping by the federal emergency management agency, the one thousand five hundred feet distance criterion applies.
(p) Isolated wetlands means wetlands wholly surrounded by uplands.
Isolated wetlands does not include wetlands where any portion of the wetland is within the one-hundred-year floodplain or within one thousand five hundred feet of the ordinary high watermark of other state waters. In the absence of one-hundred-year floodplain mapping by the federal emergency management agency, the one thousand five hundred feet distance criterion applies.
(q) Kettle ponds means lakes, ponds, or wetlands located within a formerly
glaciated landscape and formed by ice blocks left by a retreating glacier.
(r) Ordinary high watermark means that line on the shore established by
the fluctuations of water and indicated by physical characteristics, such as:
(I) A clear, natural line impressed on the bank;
(II) Shelving;
(III) Changes in the character of soil;
(IV) Destruction of terrestrial vegetation;
(V) The presence of litter and debris; or
(VI) Other appropriate means that consider the characteristics of the
surrounding area.
(s) Section 404 permit means a permit issued by the United States Army
corps of engineers pursuant to section 404 of the federal act. The term includes an individual permit, activities authorized by a nationwide or regional permit, and a letter of permission issued in accordance with regulations of the United States Army corps of engineers.
(t) State waters has the meaning set forth in section 25-8-103 (19).
(u) Upland means any land area that, under normal circumstances, is not a
wetland and does not lie below the ordinary high watermark.
(v) Wetlands means areas that are inundated or saturated by surface or
groundwater at a frequency and for a duration sufficient to support, under normal circumstances, a prevalence of vegetation typically adapted for life in saturated soil conditions.
(4) Duties of the commission. (a) (I) Rules for state dredge and fill
discharge authorization program - definition. The commission shall promulgate rules by December 31, 2025, as necessary to implement a state dredge and fill discharge authorization program. The rules must focus on avoidance and minimization of adverse impacts and on compensation for unavoidable adverse impacts of dredge and fill activity and must incorporate the guidelines developed pursuant to section 404 (b)(1) of the federal act.
(II) The rules promulgated pursuant to subsection (4)(a)(I) of this section
must include:
(A) Procedures for the issuance, modification, and termination of individual
and general authorizations, including public notice and participation requirements;
(B) The duration of authorizations; except that the duration of an
authorization must not exceed five years;
(C) The establishment of authorization fees that will be utilized to implement
the program pursuant to section 25-8-210;
(D) Details concerning the division's consultation with federal, state, local,
and tribal entities, especially those entities with special expertise with respect to any environmental-, natural resource-, or agriculture-related issue; and
(E) An exemption for voluntary stream restoration efforts in ephemeral
streams that do not require compensatory mitigation and are designed solely to provide ecological lift where the activity is taking place. As used in this subsection (4)(a)(I)(E), ephemeral stream means a stream channel or a reach of a stream channel that carries flow during, and for a short duration as the direct result of, precipitation events and that has a channel bottom that is always above the groundwater table.
(III) The rules promulgated pursuant to subsection (4)(a)(I) of this section
may include:
(A) Further minor clarification of the terminology used to define the
exemptions and exclusions in subsections (8)(b) and (8)(d) of this section without limiting or expanding the scope of the exemptions and exclusions; and
(B) A deadline shorter than two years for the division to act upon a complete
application for an individual authorization for projects that involve minimal to moderate costs and have minimal water quality impacts or limited potential water quality impacts.
(IV) (A) In promulgating the rules described in subsection (4)(a)(I) of this
section, the commission shall ensure that the rules are as protective as the guidelines set forth in section 404 (b)(1) of the federal act and in effect as of May 29, 2024.
(B) If the commission finds, based on a demonstration at a public rulemaking
hearing, that the guidelines set forth in section 404 (b)(1) of the federal act are not protecting state waters, the commission shall amend its rules or adopt new rules to protect state waters. Such a hearing may be initiated by the commission upon its own motion or upon a petition from the division. Any interested person may petition to the commission to initiate a hearing, and the commission may grant or deny such a request.
(C) The commission's findings to support any changes to its rules must be
based on sound scientific or technical evidence in the record demonstrating that rules more protective than the guidelines set forth in section 404 (b)(1) of the federal act are necessary to protect the chemical, physical, and biological integrity of state waters. The findings must be accompanied by a statement of basis and purpose referring to and evaluating the information and studies contained in the record, which form the basis for the commission's conclusion.
(b) Rules for individual authorizations. The commission shall promulgate
rules by December 31, 2025, concerning individual authorizations for dredge and fill activities. The rules must include:
(I) Application requirements, including:
(A) Project location information;
(B) A project description, including site plans;
(C) An alternatives analysis;
(D) A purpose and need statement;
(E) A description of avoidance and minimization measures;
(F) A projected impacts analysis; and
(G) A compensatory mitigation plan;
(II) A prohibition against the discharge of dredged or fill material where
there is a practicable alternative to the proposed discharge that would have less adverse impact on state waters so long as the alternative does not have other significant adverse environmental consequences. Any purpose and need statement, evaluation of alternatives, and impacts analysis developed through the section 404 permitting process shall be used for the purpose of implementing this prohibition. The rules must also include criteria for the division to use to implement the prohibition.
(III) Direction to the division to include conditions in individual authorizations,
which conditions are designed to:
(A) Remove or reduce the impact to state waters of a discharge of dredged
or fill material;
(B) Protect downstream uses;
(C) Address the direct, indirect, and cumulative impacts of the activity on the
chemical, physical, and biological integrity of state waters; and
(D) Ensure that an authorized activity as a whole will comply with all
applicable state water quality requirements, either as proposed or as conditioned in the authorization; and
(IV) Other individual authorization terms, such as monitoring, record-keeping,
and reporting requirements.
(c) Rules for compensatory mitigation. The commission shall promulgate
rules by December 31, 2025, to provide details concerning compensatory mitigation requirements, including methods for assuring impacts to wetlands and streams are fully compensated through functional assessments and ratios that can be applied through individual mitigation projects or by applying acre-based ratios using the watershed approach as described by the United States Army corps of engineers.
(5) Duties of the division. The division has the following duties in
administering the state dredge and fill discharge authorization program:
(a) Individual authorizations. (I) Upon the commission's promulgation of
rules pursuant to subsection (4) of this section, the division shall issue individual authorizations consistent with the rules promulgated by the commission under subsection (4) of this section.
(II) In addition to any compensatory mitigation requirements the division
determines are necessary to comply with the commission's rules and subsection (5)(c) of this section, for projects subject to the requirements of section 37-60-122.2 (1)(b), the division shall take into consideration the official state position regarding mitigation for fish and wildlife resources, which position is established pursuant to section 37-60-122.2 (1), and may adopt all or part of such position into individual authorizations as conditions.
(III) The division shall act upon an application for an individual authorization
within two years after receiving a complete application. This period may be extended by a written agreement between the division and the applicant. This period may also be extended by the division if there are significant changes to the project that is the subject of the application or if there is significant new information concerning the environmental impacts of the project, in which case the division shall provide notice to the applicant of the extension in writing along with an explanation of the basis for the extension.
(IV) An individual authorization, including all conditions incorporated into the
individual authorization, is subject to administrative reconsideration by the commission under section 25-8-403 and then judicial review under section 25-8-404.
(b) General authorizations - categories - definitions. (I) In addition to the
division's authority in subsection (5)(b)(III) of this section to issue a statewide general authorization for discharges to isolated state waters, the division shall issue general authorizations for the discharge of dredged or fill material into state waters for categories of activities that are similar in nature and similar in impact on the quality of state waters, cause only minimal adverse impacts to state waters when performed separately, and have only minimal cumulative adverse impacts on state waters. The categories of general authorizations must correspond with the various nationwide and regional permits issued by the United States Army corps of engineers. The division may tailor the terms of certain nationwide or regional permits or create additional general authorizations to achieve greater efficiency and to address Colorado-specific needs, including but not limited to emergency response to wildfire and voluntary ecological restoration and enhancement projects.
(II) Beginning January 1, 2025, until the rules described in subsection (4) of
this section are promulgated and the division issues general authorizations under the rules, the nationwide and regional general permits issued by the United States Army corps of engineers, as such permits apply to Colorado and subject to subsections (8)(b) and (8)(d) of this section, constitute valid authorizations to discharge dredged or fill material into state waters that are not subject to federal jurisdiction. The division shall recognize compliance with the applicable terms of the nationwide and regional general permits as constituting compliance with this section. Beginning January 1, 2025, an applicant seeking authorization for discharges of dredged or fill material into state waters that are not subject to federal jurisdiction shall submit to the division any preconstruction notification required under the applicable nationwide or regional general permit. If the applicable nationwide or regional general permit requires compensatory mitigation, the applicant shall obtain a temporary authorization from the division pursuant to subsection (6)(a)(II) of this section before the commencement of the activity.
(III) (A) As expeditiously as is prudent and feasible, the division shall issue a
statewide general authorization for discharges to isolated state waters. For purposes of this subsection (5)(b)(III), isolated state waters are isolated wetlands, isolated ponds and impoundments, and isolated ordinary highwater mark reaches.
(B) The division's statewide general authorization for discharges to isolated
state waters does not include the following state waters, which may be isolated state waters: Fens or peatlands or kettle ponds. Discharges of dredged or fill material to these isolated state waters of significance require an authorization by the division as described in subsection (5)(a), (5)(b)(I), or (5)(b)(II) of this section.
(C) The division's statewide general authorization for discharges to isolated
state waters must identify best management practices to protect isolated state waters. The statewide general authorization for discharges to isolated state waters must not require preconstruction notification as described in subsection (5)(d) of this section.
(D) The division's statewide general authorization for discharges to isolated
waters must not authorize a project where the entire project's unavoidable adverse impacts exceed one-tenth of an acre of wetlands or three-hundredths of an acre of streambed. A project in excess of one of these thresholds requires a permit by the division as described in subsection (5)(a), (5)(b)(I), or (5)(b)(II) of this section.
(E) If the division issues the statewide authorization for discharges to
isolated state waters described in this subsection (5)(b)(III) prior to the commission's rule-making described in subsection (4) of this section, the division shall notice the draft general authorization for public comment for sixty days prior to its issuance. The statewide general authorization for discharges to isolated state waters is subject to administrative review by the commission pursuant to section 25-8-403.
(F) The authorization term of the statewide general authorization for
discharges to isolated state waters is five years.
(IV) General authorizations issued by the division are subject to
administrative reconsideration by the commission under section 25-8-403; except that notices of authorization to conduct an activity under a general authorization are not subject to such administrative reconsideration but are subject to judicial review under section 25-8-404.
(c) Compensatory mitigation requirements. (I) The division shall include
compensatory mitigation requirements in all individual authorizations and in general authorizations where the division determines that the proposed discharge of dredged or fill material will result in:
(A) Greater than one-tenth of an acre of unavoidable adverse impacts to
wetlands; or
(B) Greater than three-hundredths of an acre of unavoidable impacts to
streams.
(II) Compensatory mitigation must compensate for all functions of state
waters that will be lost as a result of the authorized activity. Compensatory mitigation may be accomplished through the purchase of mitigation bank credits, an in-lieu fee program, or permittee-responsible mitigation.
(d) Preconstruction notifications. The division shall utilize the existing
structure of preconstruction notifications in the nationwide and regional permits issued by the United States Army corps of engineers, including general authorizations for categories of activities that do not require preconstruction notification. Where preconstruction notification is required by a general authorization before the commencement of an activity, the project proponent must provide at least thirty calendar days of preconstruction notice to the division unless a shorter notice is allowed under the terms of the applicable general authorization. After providing such preconstruction notification, the project proponent may commence the activity if:
(I) The division issues to the project proponent a notice of authorization in
writing that the project proponent may commence the activity; or
(II) Forty-five calendar days elapse without the division providing the project
proponent a notice of written objection to the activity or providing a notice that the division has determined the notification is incomplete, the activity does not meet the criteria for the category of activities covered by the general authorization, or the activity will not comply with all applicable federal and state statutory and regulatory requirements. A notice of written objection provided to a project proponent by the division must state the basis of the division's objections with specificity, is subject to direct judicial review under section 25-8-404, and is not subject to administrative reconsideration under section 25-8-403.
(e) Notices of authorization. The division may issue notices of authorization,
where appropriate, to memorialize coverage under a general authorization. The division may include conditions in notices of authorization, on a case-by-case basis, to clarify the terms and conditions of a general authorization or to ensure that the activity will have only minimal individual and cumulative adverse impacts on state waters.
(f) Administrative guidance. The division may establish guidance to assist in
administering the dredge and fill discharge authorization program. Additionally, the division may rely upon relevant guidance from the federal environmental protection agency and the United States Army corps of engineers, including technical guidance and environmental analyses under the federal National Environmental Policy Act of 1969, 42 U.S.C. sec. 4231 et seq., as amended, in administering the program, to the extent such guidance is consistent with this section and the commission's rules.
(g) Western slope staff. The division may, to the extent resources allow,
establish one or more staff positions in the western slope region of the state to assist with dredge and fill program administration in that geographic area.
(6) Transition - repeal. (a) Until the rules promulgated by the commission
pursuant to subsection (4) of this section become effective and the division issues general authorizations under the rules:
(I) Notwithstanding subsection (8)(a) of this section, Clean Water Policy 17
continues in effect until January 1, 2025;
(II) For activities that do not qualify for enforcement discretion under Clean
Water Policy 17 because the activities would require compensatory mitigation, and for activities that proceed under a federal nationwide or regional permit pursuant to subsection (5)(b)(II) of this section and that require compensatory mitigation, the division may issue temporary authorizations for the discharge of dredged or fill material into state waters:
(A) Where any required compensatory mitigation is associated only with
streams and not wetlands and would result in net increases in the functions and services of state waters; or
(B) Where the applicant shows proof of purchase of mitigation bank credits
that meet or exceed the compensatory mitigation requirements that would have been applicable under the federal nationwide or regional permit; and
(III) Temporary authorizations must include conditions necessary to protect
the public health and the environment and to meet the intent of this section. The division may issue a temporary authorization for a period not to exceed two years, and a temporary authorization expires as provided in the issuance or denial of the final notice of authorization. The final notice of authorization must include such terms and conditions, including those for compensatory mitigation, as are necessary to address discharges that occurred under the temporary authorization.
(b) This subsection (6) is repealed, effective September 1, 2026.
(7) Relationship to section 25-8-104. The rules promulgated pursuant to
this section are subject to, and do not amend or limit, the restrictions described in section 25-8-104.
(8) Applicability and scope of dredge and fill discharge authorization
program - prohibitions on discharge without an authorization - definitions. (a) Except when conducting an exempted activity described in subsection (8)(b) of this section or when discharging into an excluded type of water described in subsection (8)(d) of this section, a person shall not discharge dredged or fill material into state waters without first obtaining coverage under a general authorization or an individual authorization for the discharge.
(b) The following activities are exempt from the requirements of this section
and do not require a discharge authorization:
(I) Activities in receipt of an active section 404 permit that was issued prior
to May 25, 2023;
(II) Activities in receipt of an approved jurisdictional determination issued by
the United States Army corps of engineers prior to May 25, 2023, finding that the state waters into which the proposed discharge of dredged or fill material will occur are not waters of the United States unless there has been a significant hydrological change since the determination was issued;
(III) Activities in receipt of an active section 404 permit that was issued on or
after May 25, 2023, except to the extent that the project area of the section 404 permit involves a discharge of dredged or fill material into state waters that have been determined by the United States Army corps of engineers to not be waters of the United States under the section 404 permit and are not otherwise excluded under this section;
(IV) Activities associated with a project for which the project proponent
applied for an individual section 404 permit prior to May 25, 2023;
(V) Normal farming, silviculture, and ranching activities, such as plowing;
seeding; cultivating; minor drainage; application of on-farm chemicals; harvesting for the production of food, fiber, and forest products; or upland soil and water conservation practices. As used in this subsection (8)(b)(V), upland soil and water conservation practices means any discharge of dredged or fill material into state waters incidental to soil and water conservation practices for the purpose of improving, maintaining, or restoring uplands, including rangeland management practices, erosion control practices, and vegetation management practices.
(VI) Maintenance, including emergency reconstruction of recently damaged
parts, of currently serviceable structures, such as dikes, dams, levees, lagoons, groins, riprap, breakwaters, causeways, bridge abutments or approaches, and transportation structures. Maintenance also includes minor deviations in a structure's configuration or filled area to accommodate changes in materials, construction techniques, regulatory requirements, or construction codes or safety standards.
(VII) Construction or maintenance of farm ponds, stock ponds, farm lagoons,
springs, recharge facilities located in uplands, and irrigation ditches or acequias, or maintenance of a drainage ditch, roadside ditch, or a ditch or canal conveying wastewater or water. Construction of new work or to extend, expand, or relocate an irrigation ditch or acequia for municipal or industrial purposes is not an exempt activity. As used in this subsection (8)(b)(VII):
(A) Construction includes new work and work that results in an extension
or expansion of an existing structure, and the construction of irrigation ditches or acequias includes activities such as placement of new control structures, ditch relocation, ditch conversion into pipe, and lining, which means placing impervious material such as concrete, clay, or geotextile within the flow perimeter of an open canal, lateral, or ditch with the intent of reducing seepage losses and improving conveyance efficiency. All new lining of ditches, in instances where the ditch has not previously been lined, is considered construction.
(B) Irrigation ditch or acequia includes a human-made feature or a
maintained natural feature if use of the maintained natural feature existed on January 1, 2024, and an upland swale that moves or conveys water to an ultimate irrigation use or place of use, or moves or conveys irrigation water, also known as runoff, away from irrigated lands. Irrigation ditch or acequia may include a distribution system or its parts, including human-made canals, laterals, ditches, siphons, pumps, headgates, wing walls, weirs, diversion structures, pipes, pump systems, return structures, and such other facilities appurtenant to and functionally related to irrigation ditches. If a ditch carries water that is used for irrigation, irrigation return flows or return flow obligations, aquifer recharge, aquifer or stream augmentation or replacement, or precipitation or snowmelt that moves from an irrigated field either to or away from an area subject to being irrigated, that ditch is considered an irrigation ditch and not a drainage ditch.
(C) Maintenance means maintenance pertaining to a human-made
structure, such as a farm pond, stock pond, or maintained spring, or a maintained natural feature conveying water for irrigation or wildlife purpose if use of the maintained natural feature existed as of January 1, 2024; maintenance pertaining to a drainage ditch, a roadside ditch, or a ditch or canal conveying wastewater or water for irrigation or for municipal purposes, domestic purposes, industrial purposes, commercial purposes, augmentation, recharge, wildlife, recreation, compact compliance, or any other purpose; and maintenance pertaining to repairs to an existing structure or feature to keep it in its existing state or proper condition or to preserve it from failure or decline. Such maintenance includes excavation of accumulated sediments back to original contours; reshaping of side-slopes; bank stabilization to prevent erosion where reasonably necessary using best management practices and, for maintenance of drainage ditches, materials that are compatible with existing bank materials; armoring, lining, and piping for the purpose of repairing a previously armored, lined, or piped section of a ditch so long as all work occurs within the footprint of the previous work; and replacement of existing control structures where the original function is not changed and original approximate capacity is not increased.
(VIII) Construction of temporary sedimentation basins on a construction site,
which construction does not include placement of fill material into state waters;
(IX) Construction or maintenance of farm roads or forest roads or temporary
roads for moving wildfire and post-fire mitigation equipment and related materials or mining equipment where such roads are constructed and maintained, in accordance with best management practices, to assure that flow and circulation patterns and chemical and biological characteristics of the state waters are not impaired, that the reach of the state waters is not reduced, and that any adverse impacts on the state waters will be otherwise minimized;
(X) Activities for the purpose of providing emergency response to,
preventative mitigation of, or recovery from damage caused by a fire, a flood, or other natural disaster so long as the activity is conducted in a manner that minimizes the loss of state waters to the extent practicable and in accordance with best management practices that do not interfere with efforts to address the underlying emergency;
(XI) Maintenance of water reuse facilities, wastewater reclamation facilities,
water management facilities, water treatment facilities, or wastewater water treatment facilities. Such maintenance includes reconstruction due to recent damage or maintenance of currently serviceable structures, such as pumps, control systems, weirs, gates, clarifiers, solids handling, filters, sedimentation basins, treatment ponds and lagoons, and related features, which maintenance activities keep the facility in its existing state or proper condition to preserve it from failure or decline.
(XII) Maintenance activities in off-channel reservoirs that do not directly
affect a connected natural stream. Such maintenance includes emergency reconstruction due to recent damage; maintenance of currently serviceable structures such as spillways, outlet structures, gates, pumps, and control systems; and reshaping of side slopes, bank stabilization, or dredging, which maintenance activities keep an off-channel reservoir in its existing state or proper condition and to preserve it from failure or decline.
(XIII) Wildlife habitat management activities, including seeding, cultivating,
minor drainage, vegetation management, irrigating, water management, and maintenance of ditches, dikes, embankments, impoundments, water control features, and other water conveyance features that are human-made or maintained or that occur naturally to support wildlife habitat. Wildlife habitat management means activities that occur on land managed primarily for wetland or riparian habitats to support wetland and riparian species and does not include activities that are incidental to land used for residential, industrial, or commercial purposes.
(c) Recapture provision - rules. Consistent with section 404 (f)(2) of the
federal act, any discharge of dredged or fill material into state waters incidental to any activity that brings an area of the state waters into a use to which it was not previously subject, where the flow or circulation of state waters may be impaired or where the reach of such waters may be reduced, is not included within the exempted activities described in subsection (8)(b) of this section. The commission may further clarify the effect of this subsection (8)(c) through rule-making.
(d) Excluded types of waters - definitions. Notwithstanding the definition of
state waters provided in section 25-8-103 (19), an authorization is not required for the discharge of dredged or fill material into the following types of waters, and such a discharge is not otherwise prohibited or regulated under this section:
(I) All portions of ditches and canals that are excavated on upland and that
convey water or wastewater;
(II) Storm water control features that are constructed to convey, treat, or
store storm water and that are created in upland;
(III) Artificially irrigated areas that would revert to uplands if irrigation
ceased;
(IV) Artificial lakes, lagoons, or ponds that are created entirely by excavating
or diking upland to collect and retain water and that are used exclusively for stock watering, irrigation, settling basins, or rice growing;
(V) Wetlands that are adjacent to a ditch or canal and supported by water in
the adjacent ditch or canal;
(VI) Recharge facilities, including ponds, included in uplands for the purpose
of facilitating recharge of aquifers or streams;
(VII) Artificial reflecting or swimming pools or other small ornamental bodies
of water created by excavating or diking upland to retain water for primarily aesthetic reasons;
(VIII) Water-filled depressions created in uplands incidental to mining or
construction activity and pits excavated in uplands for the purpose of obtaining fill, sand, or gravel unless and until the construction or excavation operation is abandoned and the resulting water feature is state waters;
(IX) Swales and erosional features, such as gullies, small washes, and rills,
that do not contain wetlands or an ordinary high watermark;
(X) Groundwater. As used in this subsection (8)(d)(X), groundwater means
subsurface waters in a zone of saturation that are or can be brought to the surface of the ground or to surface waters through wells, springs, seeps, or other discharge areas. Groundwater does not include wetlands.
(XI) Prior converted cropland. As used in this subsection (8)(d)(XI), prior
converted cropland means any area that, prior to December 23, 1985, was drained or otherwise manipulated for agricultural purposes, which includes land use that makes the production of an agricultural product possible, including grazing and haying. Cropland that is left idle or fallow for conservation or agricultural purposes for any period of time remains in agricultural use and, if the cropland otherwise qualifies under this subsection (8)(d)(XI), is prior converted cropland. The commission and the division shall recognize designations of prior converted cropland made by the United States secretary of agriculture. An area is no longer considered prior converted cropland if the area is abandoned and has reverted to wetlands. Abandonment occurs when prior converted cropland is not used for, or in support of, agricultural purposes at least once in the immediately preceding five years. The division shall determine whether prior converted cropland has been abandoned, subject to appeal to the commission.
(9) For the 2024-25 state fiscal year and for each state fiscal year
thereafter, if the total number of authorizations issued pursuant to subsection (5) of this section exceeds or is projected by the department of public health and environment to exceed one hundred ten authorizations, the department of public health and environment shall seek a supplemental appropriation from the general assembly to pay the costs of processing the authorizations and to ensure that authorizations are processed in a timely manner.
Source: L. 2024: Entire section added, (HB 24-1379), ch. 274, p. 1805, � 2,
effective May 29.
C.R.S. § 37-90-137
37-90-137. Permits to construct wells outside designated basins - fees - permit no groundwater right - evidence - time limitation - well permits - rules - definitions. (1) (a) On and after May 17, 1965, a new well shall not be constructed outside the boundaries of a designated groundwater basin, and the supply of water from existing wells outside the boundaries of a designated groundwater basin shall not be increased or extended unless the user makes an application in writing to the state engineer for a permit to construct a well, in a form prescribed by the state engineer.
(b) The applicant shall specify in the application described in subsection
(1)(a) of this section:
(I) The particular aquifer from which the water is to be diverted;
(II) The proposed beneficial use for the water;
(III) The location of the proposed well;
(IV) The name of the owner of the land on which the proposed well will be
located;
(V) The average annual amount of water applied for in acre-feet per year;
(VI) The proposed maximum pumping rate in gallons per minute; and
(VII) If the proposed use is agricultural irrigation, a description of the land to
be irrigated, the name of the owner of the land, and any other reasonable information that the state engineer designates on the form prescribed.
(c) Notwithstanding any provision of this subsection (1) to the contrary, the
requirements of this subsection (1) do not apply to wells constructed pursuant to an operations permit issued by the energy and carbon management commission pursuant to section 37-90.5-106 (1)(b).
(2) (a) (I) Repealed.
(II) Effective July 1, 2006, upon receipt of an application for a replacement
well or a new, increased, or additional supply of groundwater from an area outside the boundaries of a designated groundwater basin, accompanied by a filing fee of one hundred dollars, the state engineer shall make a determination as to whether or not the exercise of the requested permit will materially injure the vested water rights or prior geothermal operations of others.
(b) (I) The state engineer shall issue a permit to construct a well only if:
(A) The state engineer finds, as substantiated by hydrological and geological
facts, that there is unappropriated water available for withdrawal by the proposed well and that the vested water rights or prior geothermal operations of others will not be materially injured; and
(B) Except as specified in subsection (2)(b)(II) of this section, the location of
the proposed well will be more than six hundred feet from an existing well completed in the same aquifer and more than one-fourth of a mile from a prior geothermal operation utilizing water from the same aquifer.
(II) If the state engineer, after a hearing, finds that circumstances in a
particular instance so warrant, or if a court decree is entered for the proposed well location after notice has been given in accordance with subsection (2)(b)(II)(B) of this section, the state engineer may issue a permit without regard to the limitation specified in subsection (2)(b)(I)(B) of this section; except that a hearing is not required and the state engineer may issue a well permit without regard to the limitation specified in subsection (2)(b)(I)(B) of this section:
(A) If the state engineer notifies the owners of all wells within six hundred
feet of the proposed well by certified mail and receives no response within the time set forth in the notice, and if the proposed well is located within one-fourth of a mile of a prior geothermal operation, and the state engineer notifies the prior geothermal operation's designated individuals and the energy and carbon management commission by electronic mail and receives no response within the time set forth in the notice;
(B) If the proposed well is part of a water court proceeding adjudicating the
water right for the well, or if the proposed well is part of an adjudication of a plan for augmentation or change of water right and if evidence is provided to the water court that the applicant has given notice of the water court application, at least fourteen days before making the application, by registered or certified mail, return receipt requested, to the owners of record of all wells within six hundred feet of the proposed well and to all designated individuals of prior geothermal operations within one-fourth of a mile of the proposed well;
(C) If the proposed well will serve an individual residential site and the
proposed pumping rate will not exceed fifteen gallons per minute; except that, if there is an oil and gas well within six hundred feet of the surface location of the proposed well, the state engineer shall notify the owner of such well by certified mail of the proposed well and may issue the well permit subject to the limitations specified in sub-subparagraph (A) of subparagraph (I) of this paragraph (b);
(D) If the proposed well is an oil and gas well and the only wells within six
hundred feet of the surface location of the proposed well are oil and gas wells; or
(E) If the proposed well is an oil and gas well, there is an existing production
water well that is not an oil and gas well within six hundred feet of the surface location of the proposed oil and gas well, the state engineer has provided written notice of the application by certified mail to the owners of such wells that are not oil and gas wells within thirty-five days after receipt of a complete application for the proposed well, and the state engineer has given those to whom notice was provided thirty-five days after the date of mailing of such notice to file comments on the proposed well's application.
(c) The permit shall set forth the conditions for drilling, casing, and
equipping wells and other diversion facilities as are reasonably necessary to prevent waste, pollution, or material injury to existing rights or prior geothermal operations.
(d) (I) The state engineer shall endorse upon the application the date of its
receipt, file and preserve such application, and make a record of such receipt and the issuance of the permit in his office so indexed as to be useful in determining the extent of the uses made from various groundwater sources.
(II) The state engineer shall act upon an application filed under this section
within forty-five days after its receipt.
(e) As used in this subsection (2), unless the context otherwise requires:
(I) Material injury to a prior geothermal operation has the meaning set forth
in section 37-90.5-106 (1)(c).
(II) Prior geothermal operation has the meaning set forth in section 37-90.5-103 (14.5).
(3) (a) (I) A permit to construct a well outside the boundaries of a designated
groundwater basin issued on or after April 21, 1967, expires two years after issuance unless the well is constructed before the expiration of the permit.
(II) If the requirements of section 37-92-301 are met, the expiration of any
permit pursuant to this paragraph (a) associated with a conditional groundwater right shall not be the sole basis to determine the existence of reasonable diligence toward completion of such conditional water right.
(III) The state engineer may require the metering or other reasonable
measurement of withdrawals of groundwater pursuant to permits and the reasonable recording and disclosure of such measured withdrawals.
(b) Any permit to construct a well issued by the state engineer prior to April
21, 1967, shall expire on July 1, 1973, unless the applicant furnishes to the state engineer, prior to July 1, 1973, evidence that the water from such well has been put to beneficial use prior to that date. The state engineer shall give notice by certified or registered mail to all persons to whom such permits were issued at the address shown on the state engineer's records, setting forth the provisions of this subsection (3). Such notices shall be mailed not later than December 31, 1971.
(c) If evidence that the well has been constructed within two years after the
date that the permit was issued has not been furnished to the state engineer within the time frame prescribed by rules adopted pursuant to section 37-91-104, the well permit expires. The state engineer shall notify the permit holder and, if applicable, the contractor listed on the permit application that the well permit is expired.
(d) In the case of federally authorized water projects wherein well permits
are required by this section and have been secured, the expiration dates of the projects may be extended for additional periods, not to exceed one year per extension, based upon a finding of good cause by the state engineer following a review of any such project at least annually by the state engineer. The state engineer may extend the expiration of a permit if the person to whom the permit was issued, on forms as may be prescribed by the state engineer, furnishes to the state engineer a showing of good cause as to why the well has not been constructed and an estimate of time necessary to complete construction.
(e) The state engineer may reinstate an expired well permit if the state
engineer receives satisfactory evidence that the well was constructed within two years after the date that the permit was issued, accompanied by a filing fee of thirty dollars. The state engineer shall consider records of the state engineer and evidence provided to the state engineer in determining whether the permit should be reinstated.
(f) Subsection (3)(e) of this section does not apply to a well permit that
formally expired through an order issued prior to September 1, 2025.
(4) (a) In the issuance of a permit to construct a well outside a designated
groundwater basin and not meeting the exemptions set forth in section 37-92-602 to withdraw nontributary groundwater or any groundwater in the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers, the provisions of subsections (1) and (2) of this section shall apply.
(b) (I) Permits issued pursuant to this subsection (4) shall allow withdrawals
on the basis of an aquifer life of one hundred years.
(II) Subject to the provisions of subsections (1) and (2) of this section, the
amount of such groundwater available for withdrawal shall be that quantity of water, exclusive of artificial recharge, underlying the land owned by the applicant or underlying land owned by another:
(A) Who has consented in writing to the applicant's withdrawal; or
(B) Whose consent exists by virtue of a lawful municipal ordinance or a
quasi-municipal district resolution in effect prior to January 1, 1985, and which consent was the subject of a water court application for determination of nontributary groundwater rights filed by the affected municipality or quasi-municipal district prior to January 1, 1985; or
(C) Who shall be deemed to have consented to the withdrawal of
groundwater pursuant to the provisions of subsection (8) of this section.
(b.5) (I) An applicant claiming to own the overlying land or to have the
consent of the owner of the overlying land as contemplated in sub-subparagraph (A) of subparagraph (II) of paragraph (b) of this subsection (4) shall furnish to the state engineer, in addition to evidence of such consent, evidence that the applicant has given notice of the application by registered or certified mail, return receipt requested, no less than ten days prior to the making of the application, to every record owner of the overlying land and to every person who has a lien or mortgage upon, or deed of trust to, the overlying land recorded in the county in which the overlying land is located.
(II) For purposes of this paragraph (b.5), person means any individual,
partnership, association, or corporation authorized to do business in the state of Colorado, or any political subdivision or public agency thereof, or any agency of the United States.
(III) The provisions of subparagraph (I) of this paragraph (b.5) do not apply to
applicants whose right to withdraw the groundwater has been determined by a valid decree nor to political subdivisions of the state of Colorado, special districts, municipalities, or quasi-municipal districts that have obtained consent to withdraw the groundwater by deed, assignment, or other written evidence of consent where, at the time of application, the overlying land is within the water service area of such entity.
(c) Material injury to vested nontributary groundwater rights shall not be
deemed to result from the reduction of either hydrostatic pressure or water level in the aquifer.
(d) The annual amount of withdrawal allowed in any well permits issued
under this subsection (4) shall be the same as the amount determined by court decree, if any, and may, if so provided by any such decree, provide for the subsequent adjustment of such amount to conform to the actual aquifer characteristics encountered upon drilling of the well or test holes.
(5) Any right to the use of groundwater entitling its owner or user to
construct a well, which right was initiated prior to July 6, 1973, as evidenced by an unexpired well permit issued prior to July 6, 1973, or a current decree, shall not be subject to the provisions of subsection (4) of this section.
(6) Rights to nontributary groundwater outside of designated groundwater
basins may be determined in accordance with the procedures of sections 37-92-302 to 37-92-305. Such proceedings may be commenced at any time and may include a determination of the right to such water for existing and future uses. Such determination shall be in accordance with subsections (4) and (5) of this section. Claims pending as of October 11, 1983, which have been published pursuant to section 37-92-302 in the resume need not be republished.
(7) In the case of dewatering of geologic formations by withdrawing
nontributary groundwater to facilitate or permit mining of minerals:
(a) (I) Except for coal bed methane wells, a well permit is not required unless
the nontributary groundwater being removed will be beneficially used.
(II) Except for coal bed methane wells, a well permit is not required if the
nontributary groundwater being removed to facilitate or permit the mining of minerals will be used only by operators within the geologic basin where the groundwater is removed to facilitate or permit the mining of minerals, including:
(A) Injection into a properly permitted disposal well;
(B) Evaporation or percolation in a properly permitted pit;
(C) Disposal at a properly permitted commercial facility;
(D) Roadspreading or reuse for enhanced recovery, drilling, well stimulation,
well maintenance, pressure control, pump operations, dust control on-site or off-site, pipeline and equipment testing, equipment washing, or fire suppression;
(E) Discharge into state waters in accordance with the Colorado Water
Quality Control Act, article 8 of title 25, and the rules promulgated under that act;
(F) Evaporation at a properly permitted centralized exploration and
production waste management facility; or
(G) Generating energy or otherwise using heat from groundwater for the
mining of minerals.
(b) In the issuance of any well permit pursuant to this subsection (7),
subsection (4) of this section does not apply and subsections (1), (2), and (3) of this section apply; except that, in considering whether the permit shall issue, the requirement that the state engineer find that there is unappropriated water available for withdrawal and the six-hundred-foot spacing requirement in subsection (2) of this section do not apply. The state engineer shall allow the rate of withdrawal stated by the applicant to be necessary to dewater the mine; except that, if the state engineer finds that the proposed dewatering will cause material injury to the vested water rights of others, the applicant may propose, and the permit shall contain, terms and conditions that will prevent such injury. The reduction of hydrostatic pressure level or water level alone does not constitute material injury. Permitting determinations pursuant to this subsection (7) neither confer a water right nor preclude determination of a water right by the water court.
(c) The state engineer may, pursuant to the State Administrative Procedure
Act, article 4 of title 24, C.R.S., adopt rules to assist with the administration of this subsection (7). The rule-making authority includes the promulgation of rules pursuant to which groundwater within formations and basins, in whole or part, is determined to be nontributary for the purposes of this subsection (7). The rules may also provide rule-making and adjudicatory procedures for nontributary determinations to be made after the initial rule-making pursuant to this subsection (7). In all rule-making proceedings authorized by this subsection (7), the state engineer shall afford interested persons the right of cross-examination. Judicial review of all rules promulgated pursuant to this subsection (7), including all nontributary determinations made pursuant to this subsection (7), is in accordance with the State Administrative Procedure Act; except that venue for such review lies exclusively with the water judge or judges for the water division or divisions within which the groundwater that is the subject of such rules or determinations is located. In any judicial action seeking to curtail the withdrawal, use, or disposal of groundwater pursuant to this subsection (7) or to otherwise declare such activities unlawful, the court shall presume, subject to rebuttal, that any applicable nontributary determination made by the state engineer is valid. Any rules promulgated pursuant to this subsection (7) must not conflict with existing laws and do not affect the validity of groundwater well permits existing prior to the adoption of such rules.
(7.5) (a) Except as required by subsection (7.5)(b) of this section, a permit
from the state engineer is not required in the case of withdrawing nontributary groundwater from a geologic formation if the withdrawal is permitted as a deep geothermal operation, as defined in section 37-90.5-103 (3), and the withdrawn nontributary groundwater will be used only for operations to extract or utilize heat, including:
(I) Generating electricity;
(II) Heating and cooling buildings;
(III) Heating swimming pools, public bathhouses, or developed hot springs
facilities;
(IV) Heating aquaculture;
(V) Melting snow or ice;
(VI) Heating to facilitate carbon dioxide capture or hydrogen production;
(VII) Deep geothermal exploration, resource confirmation, or reservoir
enhancement; and
(VIII) Heating and drying for other industrial processes.
(b) A well permit is required if the operator will use the nontributary
groundwater for additional beneficial uses unrelated to the extraction or utilization of heat.
(8) It is recognized that economic considerations generally make it
impractical for individual landowners to drill wells into the aquifers named in this subsection (8) for individual water supplies where municipal or quasi-municipal water service is available and that the public interest justifies the use of such groundwater by municipal or quasi-municipal water suppliers under certain conditions. Therefore, wherever any existing municipal or quasi-municipal water supplier is obligated either by law or by contract in effect prior to January 1, 1985, to be the principal provider of public water service to landowners within a certain municipal or quasi-municipal boundary in existence on January 1, 1985, said water supplier may adopt an ordinance or resolution, after ten days' notice pursuant to the provisions of part 1 of article 70 of title 24, C.R.S., which incorporates groundwater from the Dawson, Denver, Arapahoe, or Laramie-Fox Hills aquifers underlying all or any specified portion of such municipality's or quasi-municipality's boundary into its actual municipal service plan. Upon adoption of such ordinance or resolution, a detailed map of the land area as to which consent is deemed to have been given shall be filed with the state engineer. Upon the effective date of such ordinance or resolution, the owners of land which overlies such groundwater shall be deemed to have consented to the withdrawal by that water supplier of all such groundwater; except that no such consent shall be deemed to be given with respect to any portion of the land if:
(a) Water service to such portion of the land is not reasonably available from
said water supplier and no plan has been established by that supplier allowing the landowner to obtain an alternative water supply;
(b) Such ordinance or resolution is adopted prior to September 1, 1985, and,
prior to January 1, 1985, such groundwater was conveyed or reserved or consent to use such groundwater was given or reserved in writing to anyone other than such water supplier and such conveyance, reservation, or consent has been properly recorded prior to August 31, 1985;
(c) Such ordinance or resolution is adopted on or after September 1, 1985,
and said groundwater has been conveyed or reserved or consent to use such groundwater has been given or reserved in writing to anyone other than such water supplier and such conveyance, reservation, or consent is properly recorded before the effective date of that ordinance or resolution;
(d) Consent to use such groundwater has been given to anyone other than
such water supplier by the lawful effect of an ordinance or resolution adopted prior to January 1, 1985;
(e) Such groundwater has been decreed or permitted to anyone other than
such water supplier prior to the effective date of such ordinance or resolution; or
(f) Such portion of the land is not being served by said water supplier as of
the effective date of such ordinance or resolution and such groundwater is the subject of an application for determination of a right to use groundwater filed in the water court prior to July 1, 1985.
(9) (a) For the purpose of making the state engineer's consideration of well
permit applications for the withdrawal of groundwater from wells described in subsection (4) of this section more certain and expeditious, the state engineer may, to the extent provided in this subsection (9) and pursuant to the State Administrative Procedure Act, adopt rules and regulations to prescribe reasonable criteria and procedures for the application for, and the evaluation, issuance, extension, and administration of, such well permits. Such rules and regulations shall only be promulgated after the state engineer has conducted a hydrogeologic analysis, the results of which factually support the promulgation and the content of such rules and regulations for any particular aquifer or portion thereof. All such rules and regulations shall allow the withdrawal pursuant to such permits of the full amount of groundwater determined under subsection (4) of this section and shall afford the applicant the opportunity to rebut any presumptive aquifer characteristics. Presumptive aquifer characteristics established by those rules and regulations shall also apply to the determination of rights to groundwater from wells described in subsection (4) of this section by the water judges, subject to rebuttal by any party. In all rule-making proceedings authorized by this subsection (9), the state engineer shall afford interested persons the right of cross-examination. Judicial review of all rules and regulations promulgated pursuant to this subsection (9) shall be in accordance with the State Administrative Procedure Act; except that venue for such review shall lie exclusively with the water judge or judges for the water division or divisions within which the subject groundwater is located.
(b) On or before December 31, 1985, the state engineer shall promulgate
reasonable rules and regulations applying exclusively to the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers to the extent necessary to assure that the withdrawal of groundwater from wells described in subsection (4) of this section will not materially affect vested water rights to the flow of any natural stream. In no event shall the rules and regulations promulgated under this paragraph (b) require that persons who withdraw nontributary groundwater, as defined in section 37-90-103 (10.5), relinquish the right to consume, by means of original use, reuse, and successive use, more than two percent of the amount of such groundwater which is withdrawn without regard to dominion or control of the groundwater so relinquished, nor shall they require that judicial approval of plans for augmentation providing for such relinquishment be obtained.
(c) Repealed.
(c.5) (I) (A) As to wells that will be completed in the Dawson, Denver,
Arapahoe, and Laramie-Fox Hills aquifers and will withdraw groundwater that is not nontributary groundwater, judicial approval of plans for augmentation is required prior to the use of the groundwater.
(B) As to such wells completed in the Dawson aquifer, decrees approving
plans for augmentation must provide for the replacement of actual out-of-priority depletions to the stream caused by withdrawals from the wells and must meet all other statutory criteria for the plans.
(C) As to such wells completed in the Denver, Arapahoe, or Laramie-Fox Hills
aquifers more than one mile from any point of contact between any natural stream including its alluvium on which water rights would be injuriously affected by any stream depletion, and any such aquifer, the decrees must provide for the replacement to the affected stream system or systems of a total amount of water equal to four percent of the amount of water withdrawn on an annual basis. As to such wells completed in such aquifers at points closer than one mile to any such contact, the amount of the replacement is determined using the assumption that the hydrostatic pressure level in each such aquifer has been lowered at least to the top of that aquifer throughout that aquifer. The decrees may also require the continuation of replacement after withdrawal ceases if necessary to compensate for injurious stream depletions caused by prior withdrawals from the wells and must meet all other statutory criteria for such plans.
(II) (Deleted by amendment, L. 2015.)
(d) On or before July 1, 1995, the state engineer shall promulgate reasonable
rules that apply to the permitting and use of water artificially recharged into the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers. On or before July 1, 2018, the state engineer shall promulgate rules that apply to the permitting and use of water artificially recharged into a nontributary groundwater aquifer. The rules promulgated pursuant to this subsection (9)(d) must effectuate the maximum utilization of aquifers through the conjunctive use of surface and groundwater resources.
(10) Owners of such permits issued pursuant to subsection (4) of this section
shall be entitled to the issuance of permits for additional wells to be constructed on the land referred to in subsection (4) of this section. The standards of subsection (4) of this section shall be applied as if the applications for those additional well permits were filed on the same dates that the original applications were filed.
(11) (a) (I) A person shall not, in connection with the extraction of sand and
gravel by open mining as defined in section 34-32.5-103 (15), expose groundwater to the atmosphere unless the person has obtained a well permit from the state engineer pursuant to this section. The state engineer shall issue a well permit upon approval by the water court of a plan for augmentation or upon approval by the state engineer of a plan of substitute supply; except that no increased replacement of water shall be required by the water court or the state engineer whenever the operator or owner of land being mined has, prior to January 15, 1989, entered into and continually thereafter complied with a written agreement with a water conservancy district or water users' association to replace or augment the depletions in connection with or resulting from open mining of sand and gravel. The well permit and plan of substitute supply may authorize uses of water incidental to open mining for sand and gravel, including processing and washing mined materials; dust suppression; mined land reclamation including temporary irrigation for revegetation; liner or slurry wall construction; production of concrete and other aggregate-based construction materials; dewatering; and mitigation of impacts from mining and dewatering.
(II) Any person who extracted sand and gravel by open mining and exposed
groundwater to the atmosphere after December 31, 1980, shall apply for a well permit pursuant to this section and, if applicable, shall apply for approval of a plan for augmentation or a plan of substitute supply prior to July 15, 1990.
(b) If any groundwater was 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., prior to January 1, 1981, no such well permit, plan for augmentation, or plan of substitute supply shall be required to replace depletions from evaporation; except that the burden of proving that such groundwater was exposed prior to January 1, 1981, shall be upon the party claiming the benefit of this exception. Notwithstanding the provisions of this paragraph (b), judgments and decrees entered prior to July 1, 1989, approving plans for augmentation, which plans include the replacement of depletions from such evaporation, shall be given full effect and shall be enforced according to their terms.
(c) Any person who has reactivated or reactivates open mining operations
which exposed groundwater to the atmosphere but which ceased activity prior to January 1, 1981, shall obtain a well permit and shall apply for approval of a plan for augmentation or a plan of substitute supply pursuant to paragraph (a) of this subsection (11).
(d) No person who obtains or operates a plan for augmentation or plan of
substitute supply prior to July 1, 1989, shall be required to make replacement for the depletions from evaporation exempted in this subsection (11) or otherwise replace water for increased calls which may result therefrom.
(e) In addition to the well permit filing fee required by subsection (2) of this
section, the state engineer shall collect the following fees for exposing groundwater to the atmosphere for the extraction of sand and gravel by open mining:
(I) For persons who exposed groundwater to the atmosphere on or after
January 1, 1981, but prior to July 15, 1989, one thousand five hundred ninety-three dollars; except that, if such plan is filed prior to July 15, 1990, as required by subparagraph (II) of paragraph (a) of this subsection (11), the filing fee shall be seventy dollars if such plan includes ten acres or less of exposed groundwater surface area or three hundred fifty dollars if such plan includes more than ten acres of exposed groundwater surface area;
(II) For persons who expose groundwater to the atmosphere on or after July
15, 1989, one thousand five hundred ninety-three dollars regardless of the number of acres exposed. In the case of new mining operations, such fee shall cover two years of operation of the plan.
(III) For persons who reactivated or who reactivate mining operations that
ceased activity prior to January 1, 1981, and enlarge the surface area of any gravel pit lake beyond the area it covered before the cessation of activity, one thousand five hundred ninety-three dollars;
(IV) For persons who request renewal of an approved substitute water
supply plan prior to the expiration date of the plan, two hundred fifty-seven dollars regardless of the number of acres exposed;
(V) For persons whose approved substitute water supply plan has expired
and who submit a subsequent plan, one thousand five hundred ninety-three dollars regardless of the number of acres exposed. An approved plan shall be considered expired if the applicant has not applied for renewal before the expiration date of the plan. The state engineer shall notify the applicant in writing if the plan is considered expired.
(VI) For persons whose proposed substitute water supply plan was
disapproved and who submit a subsequent plan, one thousand five hundred ninety-three dollars regardless of the number of acres exposed. The state engineer shall notify the applicant in writing of disapproval of a plan.
(f) Excluding the well permit filing fee required by subsection (2) of this
section, the state treasurer shall credit all fees collected with an application for approval of a plan for augmentation or a plan of substitute supply to the water resources cash fund created in section 37-80-111.7 (1).
(g) A person who has obtained a reclamation permit pursuant to section 34-32-112, C.R.S., shall be allowed to apply for a single well permit and to submit a
single plan for augmentation or a single plan of substitute supply for the entire acreage covered by the reclamation plan without regard to the number of gravel pit lakes placed within such acreage.
(12) (a) In considering any well permit application in water division 3 that
involves a new withdrawal of groundwater that will affect the rate or direction of movement of water in the confined aquifer, the state engineer shall recognize that unappropriated water is not made available and injury is not prevented as a result of the reduction of water consumption by nonirrigated native vegetation.
(b) (I) Repealed.
(II) Subparagraph (I) of this paragraph (b) was repealed, effective July 1,
2004; except that nothing in this subsection (12) shall affect the validity of the rules adopted by the state engineer for groundwater withdrawals in water division 3, or affect the applicability of such rules to well permits that have been or will be issued, and judicial decrees that have been or will be entered, for the withdrawal of groundwater in water division 3.
(13) Notwithstanding the amount specified for any fee in this section, the
commission by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the commission by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.
(14) The state engineer may issue permits for augmentation wells only in
accordance with plans for augmentation approved by the water judge for water division 1 and substitute water supply plans approved pursuant to section 37-92-308 that include such wells.
(15) A person withdrawing water from a well pursuant to subsection (1) or (4)
of this section may use graywater through the use of a graywater treatment works, as those terms are defined in section 25-8-103 (8.3) and (8.4), C.R.S., in compliance with the requirements of section 25-8-205 (1)(g), C.R.S. Any limitations on use set forth in the well permit, and the provisions of any decreed plan for augmentation, apply to the use of graywater.
Source: L. 65: R&RE, p. 1265, � 1. C.R.S. 1963: � 148-18-36. L. 67: p. 277, � 10.
L. 71: pp. 1317, 1324, 1325, �� 16, 3, 5. L. 73: p. 1520, � 1. L. 77: (3)(c) and (3)(d) added, p. 1700, � 1, effective July 1. L. 79: (3)(a) amended, p. 1377, � 1, effective May 18. L. 83: (5) added, p. 1418, � 1, effective May 23; (6) added, p. 2080, � 2, effective October 11. L. 85: (1), (3)(a), and (4) amended and (7) to (10) added, p. 1161, � 3, effective July 1; (8) amended, p. 1372, � 55, effective July 1. L. 87: (2) and (3)(a) amended, p. 1302, � 6, effective July 2. L. 89: (11) added, p. 1422, � 2, effective July 15. L. 92: (2) and (3)(c) amended, p. 2299, � 5, effective March 19; (4) amended, p. 2310, � 1, effective March 20. L. 93: (4)(b.5) amended, p. 85, � 1, effective March 30; (11)(e) and (11)(f) amended, p. 1833, � 3, effective June 6. L. 94: (9)(d) added, p. 617, � 1, effective April 13; (3)(a)(I) amended, p. 1208, � 1, effective May 19. L. 95: (2) amended, p. 139, � 2, effective April 7. L. 96: (2)(b)(I), (2)(b)(II), (4)(a), and IP(8) amended, pp. 327, 325, �� 4, 1, effective April 16; (9)(c) amended and (9)(c.5) added, p. 1361, � 2, effective June 1. L. 98: (12) added, p. 853, � 2, effective May 26; (9)(c)(II) and (9)(c.5)(II) amended, p. 1072, � 1, effective June 1; (13) added, p. 1344, � 74, effective June 1. L. 99: (9)(c)(II) and (9)(c.5)(II) amended, p. 670, � 1, effective May 18. L. 2001: (12)(b) amended, p. 158, � 2, effective March 28; (9)(c)(II) and (9)(c.5)(II) amended, p. 727, � 2, effective July 1. L. 2003: (2)(a) and (3)(a)(I)(A) amended and (3)(a)(I)(A.3) and (3)(a)(I)(A.5) added, p. 46, � 6, effective (see editor's note); (14) added, p. 1454, � 4, effective April 30; (9)(c), (9)(c.5), and (12)(b) amended, pp. 1595, 1596, �� 1, 3, effective May 2; (2)(a)(I)(A) and (2)(a)(II) amended, p. 1684, � 17, effective May 14. L. 2004: (3)(a) R&RE and (3)(c) amended, pp. 1128, 1129, �� 1, 2, effective May 27. L. 2006: (11)(e) amended, p. 1271, � 2, effective July 1. L. 2009: (2)(b) and IP(7) amended and (7)(c) added, (HB 09-1303), ch. 390, pp. 2108, 2109, �� 2, 3, effective June 2. L. 2010: IP(7), (7)(a), and (7)(b) amended, (SB 10-165), ch. 31, p. 112, � 1, effective March 22. L. 2011: IP(7) and (7)(c) amended, (HB 11-1286), ch. 135, p. 473, � 1, effective May 4. L. 2012: (9)(c)(II) and (9)(c.5)(II) amended, (SB 12-008), ch. 7, p. 21, � 1, effective March 8; (2)(b)(II)(B), (2)(b)(II)(E), and (3)(c) amended, (SB 12-175), ch. 208, p. 884, � 156, effective July 1; (11)(f) amended, (SB 12-009), ch. 197, p. 791, � 4, effective July 1. L. 2013: (15) added, (HB 13-1044), ch. 228, p. 1090, � 8, effective May 15. L. 2015: (9)(c) repealed and (9)(c.5) amended, (SB 15-010), ch. 5, p. 11, � 1, effective March 13. L. 2017: (9)(d) amended, (HB 17-1076), ch. 89, p. 272, � 1, effective August 9. L. 2018: (11)(a)(I) amended, (SB 18-041), ch. 9, p. 157, � 2, effective August 8. L. 2023: (1) and (7)(a) amended, (SB 23-285), ch. 235, p. 1232, � 4, effective July 1. L. 2025: (2)(a)(II), (2)(b)(I), IP(2)(b)(II), (2)(b)(II)(A), (2)(b)(II)(B), and (2)(c) amended and (2)(e) and (7.5) added, (HB 25-1165), ch. 257, p. 1302, � 10, effective August 6; (3)(a)(I), (3)(c), and (3)(d) amended and (3)(e) and (3)(f) added, (HB 25-1014), ch. 388, p. 2183, � 2, effective August 6.
Editor's note: (1) Section 10 of chapter 7, Session Laws of Colorado 2003,
provides for an effective date of March 1, 2003; however, the Governor did not sign the act until March 5, 2003.
(2) Subsection (12)(b)(II) provided for the repeal of subsection (12)(b)(I),
effective July 1, 2004. (See L. 2003, p. 1596.)
(3) Subsection (2)(a)(I)(B) provided for the repeal of subsection (2)(a)(I),
effective July 1, 2006. (See L. 2003, p. 46.)
(4) Section 2 of chapter 135, Session Laws of Colorado 2011, provides that
the act amending the introductory portion to subsection (7) and subsection (7)(c) applies to nontributary determinations made and rules promulgated before, on, or after May 4, 2011.
(5) Section 9(2) of chapter 388 (HB 25-1014), Session Laws of Colorado
2025, provides that the act changing this section applies to well permit applications that are pending before, on, or after August 6, 2025, and to valid well permits in existence before, on, or after August 6, 2025.
Cross references: (1) For the State Administrative Procedure Act, see
article 4 of title 24; for the definition of designated groundwater, see � 37-90-103 (6); for small capacity wells, see � 37-90-105; for definitions of underground water, see �� 37-90-103 (19) and 37-92-103 (11); for exemptions from and presumptions formed in the application of article 92 of this title 37, see � 37-92-602.
(2) For the legislative declaration contained in the 2003 act amending
subsections (2)(a) and (3)(a)(I)(A) and enacting subsections (3)(a)(I)(A.3) and (3)(a)(I)(A.5), see section 1 of chapter 7, Session Laws of Colorado 2003. For the legislative declaration in the 2013 act adding subsection (15), see section 1 of chapter 228, Session Laws of Colorado 2013. For the legislative declaration in HB 25-1165, see section 1 of chapter 257, Session Laws of Colorado 2025.
C.R.S. § 6-1-102
6-1-102. Definitions. As used in this article 1, unless the context otherwise requires:
(1) Advertisement includes the attempt by publication, dissemination,
solicitation, or circulation, visual, oral, or written, to induce directly or indirectly any person to enter into any obligation or to acquire any title or interest in any property.
(2) Article means a product as distinguished from a trademark, label, or
distinctive dress in packaging.
(2.5) Business day means any calendar day except Sunday, New Year's
day, the third Monday in January observed as the birthday of Dr. Martin Luther King, Jr., Washington-Lincoln day, Memorial day, Juneteenth, Independence day, Labor day, Frances Xavier Cabrini day, Veterans' day, Thanksgiving, and Christmas.
(2.7) Buyers' club means any person engaged in advertising or selling
memberships that provide an exclusive right to members to purchase goods, food, services, or property at purported discount prices.
(3) Certification mark means a mark used in connection with the goods or
services of a person other than the certifier to indicate geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of the goods or services or to indicate that the work or labor on the goods or services was performed by members of a union or other organization.
(4) Collective mark means a mark used by members of a cooperative,
association, or other collective group or organization to identify goods or services and distinguish them from those of others, or to indicate membership in the collective group or organization.
(4.1) Dance studio means any person engaged in the advertisement or sale
of dance studio services.
(4.2) Dance studio services means instruction, training, or assistance in
dancing; the use of dance studio facilities; membership in any group, club, or association formed by a dance studio; and participation in dance competitions, dance showcases, trips, tours, parties, and other organized events and related travel arrangements.
(4.3) Discount health plan means a program evidenced by a membership
agreement, contract, card, certificate, device, or mechanism, which offers health-care services, as defined in section 10-16-102 (33), C.R.S., or related products including, but not limited to, prescription drugs and medical equipment, at purported discounted rates from health-care providers advertised as participating in the program. A discount health plan does not include a program in which a participating provider has agreed, as a condition of his or her participation in the program, to negotiate the prices to be charged for his or her services directly with consumers in the program and the provider is not required to offer discounted prices for his or her services as part of the program.
(4.4) Elderly person means a person sixty years of age or older.
(4.5) Food means any raw, cooked, or processed edible substance,
beverage, or ingredient used or intended for use or for sale in whole or part for human consumption.
(4.6) Health club means an establishment which provides health club
services or facilities which purport to improve or maintain the user's physical condition or appearance through exercise. The term may include, but shall not be limited to, a spa, exercise club, exercise gym, health studio, or playing courts. The term shall not apply to any of the following:
(a) Any establishment operated by a nonprofit organization or public or
private school, college, or university;
(b) Any establishment operated by the federal government, the state of
Colorado, or any of the state's political subdivisions;
(c) Any establishment which does not provide health club services or
facilities as its primary purpose or business; or
(d) Health-care facilities licensed or certified by the department of public
health and environment pursuant to its authority under section 25-1.5-103, C.R.S.
(4.7) Health club facilities means equipment, physical structures, and other
tangible property utilized by a health club to conduct its business. The term may include, but shall not be limited to, saunas, whirlpool baths, gymnasiums, running tracks, playing courts, swimming pools, shower areas, and exercise equipment.
(4.8) Health club services means services, privileges, or rights offered for
sale or provided by a health club.
(4.9) Manufactured home shall have the same meaning as set forth in
section 42-1-102 (48.8).
(5) Mark means a word, name, symbol, device, or any combination thereof
in any form or arrangement.
(5.5) Motor vehicle has the same meaning as set forth in section 44-20-102.
(6) Person means an individual, corporation, business trust, estate, trust,
partnership, unincorporated association, or two or more thereof having a joint or common interest, or any other legal or commercial entity.
(7) Promoting a pyramid promotional scheme means inducing one or more
other persons to become participants, or attempting to so induce, or assisting another in promoting a pyramid promotional scheme by means of references or otherwise.
(8) Property means any real or personal property, or both real and personal
property, intangible property, or services.
(9) Pyramid promotional scheme means any program utilizing a pyramid or
chain process by which a participant in the program gives a valuable consideration in excess of fifty dollars for the opportunity or right to receive compensation or other things of value in return for inducing other persons to become participants for the purpose of gaining new participants in the program. Ordinary sales of goods or services to persons who are not purchasing in order to participate in such a scheme are not within this definition.
(9.5) Resale time share means a time share, including all or substantially
all ownership, rights, or interests associated with the time share:
(a) That has been acquired previously for personal, family, or household use;
and
(b) (I) That is owned by a Colorado resident; or
(II) The accommodations and other facilities of which are available for use
through the time share and are primarily located in Colorado.
(10) Sale means any sale, offer for sale, or attempt to sell any product,
good, or property for any consideration.
(11) Service mark means a mark used by a person to identify services and to
distinguish them from the services of others.
(11.2) Repealed.
(11.5) Time share means a time share estate, as defined in section 38-33-110 (5), a time share use, as defined in section 12-10-501 (4), or any campground or
recreational membership that does not constitute the transfer of an interest in real property.
(11.7) (a) Time share resale entity means any person who, either directly or
indirectly, engages in a time share resale service.
(b) Time share resale entity does not include:
(I) The developer, association of time share owners, or other person
responsible for managing or operating the plan or arrangement by which the rights or interests associated with a resale time share are utilized, but only to the extent the resale time share is part of an existing plan or arrangement managed by that developer, association, or person;
(II) Attorneys, title agents, title companies, or escrow companies providing
closing, settlement, or other transaction services as long as the services are provided in the normal course of business in supporting a conveyance of title or in issuing title insurance products in a time share resale transaction. To the extent the attorney, title agent, title company, or escrow company is engaged in providing services or products that are outside the normal course of business in supporting a conveyance of title or in issuing title insurance products or has an affiliated business arrangement with a party to a time share resale transaction, this exemption does not apply.
(III) Real estate brokers operating within the scope of activities specified in
section 12-10-201 (6) with respect to a time share resale transaction as long as the real estate broker does not collect a fee in advance. To the extent a real estate broker is engaged in activities outside the scope of activities specified in section 12-10-201 (6), collects an advance fee, or has an affiliated business arrangement with a party to a time share resale transaction, this exemption does not apply.
(11.8) Time share resale service means any of the following activities,
engaged in directly or indirectly and for consideration, regardless of whether performed in person, by mail, by telephone, or by any other mode of internet or electronic communication, unless performed by a person or entity that, pursuant to paragraph (b) of subsection (11.7) of this section, is exempted:
(a) The sale, rental, listing, or advertising of, or an offer to sell, rent, list, or
advertise, any resale time share;
(b) The purchase or offer to purchase any resale time share;
(c) The transfer or offer to assist in the transfer of any resale time share; or
(d) The invalidation or an offer to invalidate the purchase or ownership of any
resale time share or the purchase of any time share resale service.
(11.9) (a) Time share resale transfer agreement means a contract between
a time share resale entity and the owner of a resale time share in which the time share resale entity agrees to transfer, or offers to assist in the transfer, of all or substantially all of the rights or interests in a resale time share on behalf of the owner of the resale time share.
(b) (I) Time share resale transfer agreement does not include a contract to
sell, rent, list, advertise, purchase, or transfer a resale time share if the owner of the resale time share:
(A) Upon entering the contract, reasonably expects to receive consideration
in exchange for the resale time share; and
(B) Upon the actual sale, rental, or transfer of the time share, receives
consideration.
(II) For purposes of this subsection (11.9), a transfer of the resale time share
does not, by itself, constitute consideration.
(12) Trademark means a mark used by a person to identify goods and to
distinguish them from the goods of others.
(13) Trade name means a word, name, symbol, device, or any combination
thereof in any form or arrangement used by a person to identify his business, vocation, or occupation, and to distinguish it from the business, vocation, or occupation of others.
(13.5) Unavoidable delay means inclement weather and other events
outside the control of the buyer or seller.
(14) Used motor vehicle shall have the same meaning as set forth in section
42-6-201 (8), C.R.S.
Source: L. 69: p. 371, � 1. C.R.S. 1963: � 55-5-1. L. 73: p. 619, � 1. L. 84: (4.5)
and (11.5) added, pp. 289, 290, �� 1, 1, effective July 1. L. 85: (4.6) to (4.8) added, p. 306, � 1, effective June 1. L. 87: (2.5) added and (9), (10), and (11.5) amended, p. 356, � 1, effective July 1. L. 88: (4.2) and (4.3) added, p. 341, � 1, effective July 1. L. 90: (2.7) and (11.2) added, p. 380, � 1, effective July 1. L. 92: (5.5) and (14) added, p. 1835, � 1, effective April 29. L. 93: (11.2) repealed, p. 943, � 1, effective July 1. L. 94: (4.6)(d) amended, p. 2721, � 310, effective July 1. L. 98: (4.9) and (13.5) added, p. 746, � 1, effective August 5. L. 2000: (2.7) amended, p. 244, � 1, effective March 30; (4.4) added, p. 1107, � 1, effective August 2. L. 2003: (4.6)(d) amended, p. 699, � 3, effective July 1. L. 2004: (4.1) added and (4.2) and (4.3) amended, p. 967, � 7, effective May 21. L. 2013: (4.3) amended (HB 13-1266), ch. 217, p. 984, � 37, effective May 13; (9.5), (11.7), (11.8), and (11.9) added, (SB 13-182), ch. 166, p. 539, � 1, effective August 7. L. 2017: IP and (5.5) amended, (SB 17-240), ch. 395, p. 2063, � 43, effective July 1. L. 2018: (5.5) amended, (SB 18-030), ch. 7, p. 138, � 5, effective October 1. L. 2019: (11.5) and (11.7)(b)(III) amended, (HB 19-1172), ch. 136, p. 1643, � 7, effective October 1. L. 2020: (2.5) amended, (HB 20-1031), ch. 43, p. 144, � 4, effective September 14. L. 2022: (2.5) amended, (SB 22-139), ch. 149, p. 958, � 3, effective May 2; (4.9) amended, (SB 22-212), ch. 421, p. 2965, � 12, effective August 10. L. 2024: (10) amended, (HB 24-1356), ch. 346, p. 2349, � 1, effective June 3.
Cross references: For the legislative declaration in HB 20-1031, see section 1
of chapter 43, Session Laws of Colorado 2020. For the legislative declaration in SB 22-139, see section 1 of chapter 149, Session Laws of Colorado 2022.
The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)