Colorado Water Well Drilling Licensing Law

Colorado Code · 28 sections

The following is the full text of Colorado’s water well drilling licensing law statutes as published in the Colorado Code. For the official version, see the Colorado Legislature.

C.R.S. § 24-1-124

24-1-124. Department of natural resources - creation - divisions. (1) There is hereby created a department of natural resources, the head of which shall be the executive director of the department of natural resources, who shall be the commissioner of mines. The executive director shall be appointed by the governor pursuant to law.

(2)  The office of the executive director, created in article 33 of this title 24,

is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources.

(2.1)  The department of natural resources includes, as a part of the office of

the executive director:

(a)  The office of commissioner of mines, created in section 1 of article XVI of

the state constitution. The office of commissioner of mines is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources.

(b)  Repealed.


(c)  The Colorado avalanche information center, created pursuant to section

24-33-116. The Colorado avalanche information center is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources.

(3)  The department of natural resources consists of the following divisions:


(a)  The division of water resources, the head of which is the state engineer,

as described in subsection (4) of this section;

(b)  The Colorado water conservation board and the office of director thereof,

created in article 60 of title 37. The Colorado water conservation board and the office of the director are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of natural resources as a division thereof.

(c)  (Deleted by amendment, L. 2000, p. 556, � 3, effective July 1, 2000.)


(d)  The state board of land commissioners, created in section 9 of article IX

of the state constitution. The state board of land commissioners is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources as a division thereof, subject to the state constitution.

(e)  The division of reclamation, mining, and safety, created in section 34-20-103, the head of which is the director of the division of reclamation, mining, and

safety, under the supervision of the executive director of the department of natural resources. The division and director are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions as prescribed by law under the department of natural resources and the executive director thereof. The division of reclamation, mining, and safety includes the following:

(I)  The coal mine board of examiners, created in article 22 of title 34. The

coal mine board of examiners is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources as a section of the division of reclamation, mining, and safety.

(II)  The mined land reclamation board and the office of mined land

reclamation, created in article 32 of title 34. The mined land reclamation board is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources and is allocated to the division of reclamation, mining, and safety. The office of mined land reclamation is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources and is allocated to the division of reclamation, mining, and safety as a section thereof.

(III)  The office of active and inactive mines, created in article 21 of title 34.

The office of active and inactive mines is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions as prescribed by law under the department of natural resources and is allocated to the division of reclamation, mining, and safety as a section thereof.

(IV)  (Deleted by amendment, L. 2005, p. 1462, � 1, effective July 1, 2005.)


(V)  Repealed.


(f)  The energy and carbon management commission created in section 34-60-104.3 (1) and the office of the director of the commission, created in article 60 of

title 34. The commission and the office of the director are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of natural resources as a division of the department.

(g)  Repealed.


(h) (I) and (II)  (Deleted by amendment, L. 2011, (SB 11-208), ch. 293, p. 1382, �

3, effective July 1, 2011.)

(III)  Repealed.


(i)  (Deleted by amendment, L. 2011, (SB 11-208), ch. 293, p. 1382, � 3,

effective July 1, 2011.)

(j)  The division of forestry, created in section 24-33-201 (1), the head of which

is the state forester, appointed pursuant to section 23-31-207. The division of forestry and the state forester are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions as prescribed by law under the department of natural resources and the executive director thereof.

(k) (I) (A)  The parks and wildlife commission, created in article 9 of title 33.

The powers, duties, and functions of the parks and wildlife commission include the powers, duties, and functions of the wildlife commission and the board of parks and outdoor recreation. The parks and wildlife commission is a type 1 entity, as defined in section 24-1-105.

(B)  The parks and wildlife commission includes, as an advisory council, the

Colorado natural areas council created in article 33 of title 33.

(II) (A)  The division of parks and wildlife, the head of which is the director of

the division of parks and wildlife, created in section 33-9-104. The division of parks and wildlife and the office of the director of the division of parks and wildlife are type 1 entities, as defined in section 24-1-105.

(B)  The division of parks and wildlife includes the fish health board created in

article 5.5 of title 33. The fish health board is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions as specified by law under the department of natural resources and the executive director of the department of natural resources.

(4)  The division of water resources includes the following:


(a)  The office of the state engineer, created in article 80 of title 37. The

office of the state engineer is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources and is allocated to the division of water resources as a section thereof.

(b)  The division engineers, created in part 2 of article 92 of title 37. The

division engineers are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of natural resources and are allocated to the division of water resources as a section thereof.

(c)  The ground water commission, created in article 90 of title 37. The

ground water commission is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources and is allocated to the division of water resources as a section thereof.

(d)  The state board of examiners of water well and ground heat exchanger

contractors created in section 37-91-103. The state board of examiners of water well and ground heat exchanger contractors is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources and is allocated to the division of water resources as a section of the division of water resources.

(e)  Repealed.


(5)  Repealed.


Source: L. 68: p. 88, � 24. L. 69: pp. 867, 1223, �� 2, 19. C.R.S. 1963: � 3-28-24. L. 72: pp. 321, 493, �� 2, 3, 12. L. 74: (3)(f)(IV) repealed, p. 195, � 1, effective July

1. L. 77: (2.1) and (5) added, (3)(e)(I) and (3)(e)(III) amended, pp. 281, 1130, 1629, �� 31, 32, 1, 2, effective July 1. L. 81: (3)(e)(III) amended, p. 1665, � 17, effective June 30. L. 83: (2.1) amended, p. 1307, � 2, effective May 10. L. 84: (3)(i) and (3)(f) amended, pp. 923, 934, �� 13, 2, effective January 1. L. 87: (4)(d) amended, p. 1581, � 34, effective July 10. L. 88: (3)(i) amended and (5) repealed, p. 1179, � 3, effective March 23; (3)(e)(II) amended, p. 1180, � 4, effective May 3; (3)(e)(I) and (3)(e)(III) amended, p. 1435, � 14, effective June 11; (2.1)(a) amended, p. 1215, �7, effective July 1. L. 91: (4)(e) repealed, p. 884, � 4, effective June 5; (3)(h) amended, p. 200, � 7, effective June 7. L. 92: (2.1), (3)(e), and (3)(g) amended, p. 1917, � 2, effective July 1. L. 94: (3)(h)(III) added, p. 1710, � 7, effective July 1. L. 99: (3)(h)(III) amended, p. 533, � 3, effective May 3; (3)(h)(I) amended, p. 607, � 2, effective January 1, 2000. L. 2000: (3)(c) amended and (3)(j) added, p. 556, � 3, effective July 1. L. 2003: (2.1)(b) RC&RE and (3)(e)(V) repealed, p. 1961, �� 2, 4, effective May 22. L. 2005: (3)(e)(IV) and (3)(g) amended, p. 1462, � 1, effective July 1. L. 2006: (3)(e) amended, p. 212, � 1, effective August 7. L. 2007: (3)(j) amended, p. 549, � 4, effective August 3. L. 2010: (3)(j) amended, (HB 10-1223), ch. 41, p. 164, � 2, effective August 11. L. 2011: IP(3), (3)(h)(I), (3)(h)(II), and (3)(i) amended and (3)(k) added, (SB 11-208), ch. 293, p. 1382, � 3, effective July 1. L. 2012: (3)(g) amended, (HB 12-1355), ch. 247, p. 1196, � 3, effective June 4; (3)(k)(I) amended, (HB 12-1317), ch. 248, p. 1203, � 6, effective June 4. L. 2013: (2.1)(c) added, (HB 13-1057), ch. 1, p. 2, � 5, effective January 31; (2.1)(b) repealed, (HB 13-1300), ch. 316, p. 1681, � 48, effective August 7. L. 2022: (2), IP(2.1), (2.1)(a), (2.1)(c), (3)(a), (3)(b), (3)(d), IP(3)(e), (3)(e)(I), (3)(e)(II), (3)(e)(III), (3)(f), (3)(j), (3)(k), IP(4), (4)(a), (4)(b), (4)(c), and (4)(d) amended, (SB 22-162), ch. 469, p. 3404, � 155, effective August 10. L. 2023: (3)(f) amended, (SB 23-285), ch. 235, p. 1253, � 22, effective July 1. L. 2025: (4)(d) amended, (HB 25-1165), ch. 257, p. 1320, � 29, effective August 6.

   Editor's note: (1) Subsection (3)(h)(III)(B) provided for the repeal of subsection (3)(h)(III), effective July 1, 2009. (See L. 1999, p. 533.)

   (2) Subsection (3)(g)(II) provided for the repeal of subsection (3)(g), effective January 31, 2013, if the revisor of statutes received notification described in � 23-41-209 (2). The revisor of statutes received said notification on January 25, 2013. (See L. 2012, p. 1196.)

   Cross references: (1) For the legislative declaration in the 2011 act amending the introductory portion to subsection (3) and subsections (3)(h)(I), (3)(h)(II), and (3)(i) and adding subsection (3)(k), see section 1 of chapter 293, Session Laws of Colorado 2011.

   (2) For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.

   (3) For the legislative declaration in HB 25-1165, see section 1 of chapter 257, Session Laws of Colorado 2025.

C.R.S. § 24-33-104

24-33-104. Composition of the department. (1) The department of natural resources consists of the following commissions, divisions, boards, offices, and councils:

(a)  The Colorado water conservation board;


(b)  (Deleted by amendment, L. 2000, p. 556, � 4, effective July 1, 2000.)


(c)  The state board of land commissioners, subject to the provisions of

sections 9 and 10 of article IX of the state constitution;

(d)  The division of reclamation, mining, and safety, the head of which shall be

the director of the division of reclamation, mining, and safety. The director of the division shall also serve as the head of the office of active and inactive mines or the office of mined land reclamation. The director of the division shall have professional and supervisory experience in mining, reclamation, oil and gas, geology, or natural resource planning and management and shall have a college degree from an accredited college or university in mining engineering, petroleum engineering, geological engineering, geology, or related natural/physical sciences, or mineral economics. The division shall consist of the following sections:

(I)  (Deleted by amendment, L. 92, p. 1919, � 3, effective July 1, 1992.)


(II)  The office of active and inactive mines;


(III) and (IV)  Repealed.


(V)  The office of mined land reclamation.


(VI)  (Deleted by amendment, L. 2005, p. 1463, � 2, effective July 1, 2005.)


(VII)  Repealed.


(e)  The division of water resources, the head of which is the state engineer.

The division consists of the following sections:

(I)  The office of the state engineer;


(II)  The division engineers;


(III)  The ground water commission;


(IV)  The state board of examiners of water well and ground heat exchanger

contractors.

(V)  Repealed.


(f)  The energy and carbon management commission created in section 34-60-104.3 (1);


(g)  Repealed.


(h)  The division of parks and wildlife and the parks and wildlife commission;


(i)  (Deleted by amendment, L. 2011, (SB 11-208), ch. 293, p. 1383, � 4,

effective July 1, 2011.)

(j)  (Deleted by amendment, L. 92, p. 1919, � 3, effective July 1, 1992.)


(k)  The division of forestry.


(2)  Repealed.


Source: L. 57: p. 124, � 2. CRS 53: � 3-15-4. L. 63: p. 140, � 1. C.R.S. 1963: � 3-15-4. L. 67: pp. 697, 838, �� 13, 2. L. 68: p. 128, � 141. L. 69: p. 867, � 3. L. 72: p. 321,

� 1. L. 75: (1)(d)(III) repealed, p. 216, � 48, effective July 16. L. 77: (1)(d)(IV) repealed and IP(1)(d) and (1)(d)(II) amended, pp. 282, 1130, �� 37, 38, 2, effective July 1. L. 81: (1)(d)(II) amended, p. 1665, � 18, effective June 30. L. 87: (1)(e)(IV) amended, p. 1581, � 36, effective July 10. L. 88: (1)(d)(I) amended, p. 1199, � 8, effective May 3; (1)(j) added and (2) repealed, p. 1215, �� 15, 16, effective July 1. L. 91: (1)(e)(V) repealed, p. 885, � 7, effective June 5. L. 92: (1)(d), (1)(g), and (1)(j) amended, p. 1919, � 3, effective July 1. L. 2000: (1)(b) amended and (1)(k) added, p. 556, � 4, effective July 1. L. 2003: (1)(d)(VII) repealed, p. 1961, � 5, effective May 22. L. 2005: (1)(d)(VI) and (1)(g) amended, p. 1463, � 2, effective July 1. L. 2006: IP(1)(d) amended, p. 213, � 2, effective August 7. L. 2010: (1)(k) amended, (HB 10-1223), ch. 41, p. 165, � 3, effective August 11. L. 2011: IP(1), (1)(h), and (1)(i) amended, (SB 11-208), ch. 293, p. 1383, � 4, effective July 1. L. 2012: IP(1) and (1)(h) amended, (HB 12-1317), ch. 248, p. 1203, � 7, effective June 4; (1)(g) amended, (HB 12-1355), ch. 247, p. 1196, � 4, effective June 4. L. 2023: (1)(f) amended, (SB 23-285), ch. 235, p. 1253, � 23, effective July 1. L. 2025: IP(1)(e) and (1)(e)(IV) amended, (HB 25-1165), ch. 257, p. 1321, � 30, effective August 6.

Editor's note: (1)  Subsections (1)(d)(III) and (1)(d)(IV) were repealed July 16,

1975, and June 29, 1977, respectively, prior to the entire subsection (1)(d) being amended July 1, 1992.

(2)  Subsection (1)(g)(II) provided for the repeal of subsection (1)(g), effective

January 31, 2013. (See L. 2012, p. 1196.)

Cross references: For the legislative declaration in the 2011 act amending

the introductory portion to subsection (1) and subsections (1)(h) and (1)(i), see section 1 of chapter 293, Session Laws of Colorado 2011. For the legislative declaration in HB 25-1165, see section 1 of chapter 257, Session Laws of Colorado 2025.

C.R.S. § 24-4-104.5

24-4-104.5. Permits - rules in effect at time of submission of application for a permit control. (1) For purposes of this section, unless the context otherwise requires, permit means a grant of authority by an agency that authorizes the holder of the permit to do some act not forbidden by law but not allowed to be performed without such authority. Permit does not include a professional license issued by a licensing board or an agency to conduct a profession or occupation. Permit does not include a registration or certification issued by a board or state agency to an individual to pursue a profession, practice, or occupation. Permit does not include a water well permit issued by the state engineer pursuant to title 37, C.R.S.

(2) (a)  The rules and any written statements of agency interpretation of the

statutes of an agency that are in effect on the date that a person applies for issuance or renewal of a permit govern the application process and any permit eligibility requirement. If the rules or any written statements of agency interpretation of the statutes governing the agency's permit process or the requirements to qualify for a permit have been amended, the agency shall process the application under the rules and any written statements of agency interpretation of the statutes in effect on the date of the application, unless the agency determines in writing that:

(I) (A)  The new rules materially affect the health and safety of the public; and


(B)  Use of the rules in effect on the date of application is likely to result in an

unsafe situation if the applicant does not comply with the new rules; or

(II)  New rules or new requirements are necessary to ensure that the agency

and the permit will be in compliance with the requirements of federal law and federal regulations; or

(III)  New rules or new requirements are necessary to ensure that the agency

and the permit will not be in conflict with state statutes; or

(IV)  New rules or new requirements are necessary to ensure that the agency

and the permit will be in compliance with the requirements of a court order.

(b)  If the agency determines that one of the exceptions to the requirements

of paragraph (a) of this subsection (2) will occur if the applicant does not comply with the new rules or new requirements, the agency shall:

(I)  Treat the application as pending;


(II)  Provide a written notice to the applicant stating the reasons the

application is incomplete; and

(III)  Give the applicant a reasonable opportunity to comply with the new rules

or new requirements.

(3)  If an agency adopts or amends rules that govern or impact the

application process or any permit eligibility requirements after a person has applied for a permit or renewal of a permit and while the application is pending with the agency, the person shall have the option to have the application processed under the rules in existence at the time of the filing of the application or under the new rules.

Source: L. 2012: Entire section added, (HB 12-1002), ch. 249, p. 1241, � 2,

effective August 8.

Cross references: In 2012, this section was added by the Creating Level

Expectations for Application Review Act or the CLEAR Act. For the short title, see section 1 of chapter 249, Session Laws of Colorado 2012.

C.R.S. § 25-11-107

25-11-107. Prohibited acts - violations - penalties - rules - cease-and-desist orders. (1) Except as allowed by rule of the state board:

(a)  No person shall acquire, own, possess, or use any radioactive material

occurring naturally or produced artificially without having been granted a license therefor from the department; or

(b)  Transfer to another or dispose of such material without first having been

granted approval of the department therefor.

(2)  Except as allowed by rule of the state board, no person shall knowingly

use, manufacture, produce, transport, transfer, receive, send, acquire, own, or possess any source of radiation unless such person is licensed by or registered with the department. The exceptions promulgated by the state board shall include use of domestic television receivers, computer monitors, household microwave ovens, radiant heat devices, cellular telephones, incandescent gas mantles, and vacuum tubes.

(2.5)  No person shall knowingly use any radiation machine to treat or

diagnose any disease or conditions of the human body if the radiation machine is not certified for such treatment or diagnosis as provided in section 25-11-104 (8).

(3)  Any person who violates the provisions of subsection (1), (2), or (2.5) of

this section commits a class 2 misdemeanor.

(4)  If a person does not pay the fee for radiation control services, the

department may request the attorney general to commence a civil action against the person. If the court finds in such action that such person has not paid the fee for radiation control services, the court shall require such person to pay the fee together with a penalty not greater than twice the amount of the fee or one thousand dollars, whichever is greater. All civil penalties collected pursuant to this subsection (4) shall be transmitted to the state treasurer, who shall credit them to the general fund.

(5) (a)  Any person who violates subsection (1), (2), or (2.5) of this section, any

licensing or registration provision, any rule or order issued under this part 1, or any term, condition, or limitation of any license or registration certificate issued pursuant to this part 1 is subject to an administrative penalty not to exceed fifteen thousand dollars per day for each violation.

(b)  If the department has reason to believe, based upon facts available to it,

that a person has committed any of the violations designated in paragraph (a) of this subsection (5), it shall send the person, within a reasonable time, a written notice of the violation specifying:

(I)  The factual basis of each act or omission with which the person is

charged; and

(II)  The particular provision of the statute, rule, order, license, or registration

certificate violated.

(c) (I)  The department shall send the notice required by paragraph (b) of this

subsection (5) by certified or registered mail, return receipt requested, to the last-known address of the alleged violator, or the department shall personally serve the notice of the violation upon the alleged violator or the alleged violator's agent.

(II)  The alleged violator shall have thirty days following the receipt of the

notice to submit a written response containing data, views, and arguments concerning the alleged violation and potential corrective measures.

(III)  In addition, the alleged violator may request an informal conference with

department personnel to discuss the notice of violation required by paragraph (b) of this subsection (5). The alleged violator shall request the informal conference within fifteen days after receiving the notice, and the conference shall be held within the thirty days allowed for a written response.

(IV)  After consideration of any written response and informal conference, the

department shall issue a letter, within thirty days after the date of the informal conference or the receipt of a written response, whichever is later, affirming or dismissing the violation. Any remaining corrective measures that are necessary, and any administrative penalty determined to be appropriate, will be incorporated into an administrative order.

(c.3)  In determining the amount of any administrative penalty, the

department shall consider the factors in subparagraphs (I) to (X) of this paragraph (c.3). The factors contained in subparagraphs (VII), (VIII), and (IX) of this paragraph (c.3) are mitigating factors and may be applied, with other factors, to reduce any administrative penalty. Such factors are:

(I)  The seriousness of the violation;


(II)  Whether the violation was intentional, reckless, or negligent;


(III)  The impact on, or threat to, the public health or the environment as a

result of the violation;

(IV)  The degree of recalcitrance, if any, on the part of the violator;


(V)  Whether the violator is a recidivist;


(VI)  The economic benefit realized by the violator as a result of the violation;


(VII)  The violator's voluntary, timely, and complete disclosure of the violation,

if prior to the department's knowledge of the violation, and if all reports required pursuant to state environmental control laws have been submitted as required;

(VIII)  The violator's full and prompt cooperation with the department

following disclosure or discovery of a violation, including, when appropriate, entering into and implementing, in good faith, a legally enforceable agreement with the department to undertake compliance and remediation efforts;

(IX)  The existence of a comprehensive regulatory compliance program or an

audit program that the violator adopted in good faith and in a timely manner, which program includes measures determined by the department to be sufficient to identify and prevent future noncompliance; and

(X)  Any other aggravating or mitigating circumstance.


(c.5)  In accordance with article 4 of title 24, C.R.S., and based upon the

factors enumerated in paragraph (c.3) of this subsection (5), the state board shall adopt rules for determining administrative penalties imposed under this subsection (5).

(c.7)  The department may compromise, mitigate, or remit an administrative

penalty imposed pursuant to this subsection (5). The department may enter into a settlement agreement regarding any penalty or claim resolved under this part 1. The settlement agreement may include the payment or contribution of moneys to state or local agencies for other environmentally beneficial purposes.

(d)  If the circumstances warrant, the department shall issue an order

containing the elements of both the notice of violation specified in paragraph (b) of this subsection (5) and the letter described in subparagraph (IV) of paragraph (c) of this subsection (5).

(e) (I)  The letter issued pursuant to subparagraph (IV) of paragraph (c) of this

subsection (5) and the order issued pursuant to paragraph (d) of this subsection (5) shall notify the alleged violator of the right to request a hearing within thirty days, which hearing shall be held in accordance with section 24-4-105, C.R.S., to determine any of the following:

(A)  Whether the alleged violation exists or did exist;


(B)  The reasonableness of the time set for abatement; and


(C)  Whether the administrative penalty is reasonable in light of the statutory

criteria on which it is based.

(II)  The alleged violator shall address each alleged violation in the request

for the hearing and shall specify which of the alleged violations the alleged violator is appealing. An allegation not addressed in the request for the hearing shall be deemed admitted.

(III)  No person engaged in conducting the hearing or participating in a

decision or an initial decision shall be responsible for or subject to the supervision or direction of any department employee engaged in the performance of an investigatory or prosecuting function for the department.

(IV)  The final action of the department is subject to judicial review pursuant

to section 24-4-106, C.R.S.

(f) and (g)  (Deleted by amendment, L. 2010, (HB 10-1149), ch. 282, p. 1315, � 6,

effective May 26, 2010.)

(h)  At the request of the department, the attorney general may institute a

civil action to collect an administrative penalty imposed pursuant to this subsection (5).

(i)  Except as specified in paragraph (c.3) of this subsection (5), all

administrative penalties collected pursuant to this subsection (5) shall be transmitted to the state treasurer, who shall credit them to the general fund.

(j)  For any site or facility licensed under part 2 of this article determined by

the department to have caused a release to the groundwater that exceeds the basic standards for groundwater as established by the water quality control commission, until remediation has been completed, the licensee shall provide annual written notice of the status of the release and any remediation activities associated with the release, by certified or registered mail, return receipt requested, to the current address for each registered groundwater well within one mile of the release as identified in the corrective action monitoring program. Under no circumstances shall remediation be deemed complete until all groundwater wells affected by any release associated with the site or facility are restored to at least the numeric groundwater standards as established by the water quality control commission that apply to the historic uses of the wells. Prior to the application of any numeric groundwater standard different from the baseline standard contained in 10 CFR 40, the standard must have been approved by the United States nuclear regulatory commission in accordance with section 274o of the federal Atomic Energy Act of 1954, 42 U.S.C. sec. 2021 (o). The licensee shall remediate any release affecting groundwater wells in the most expedited manner reasonably possible using best available active restoration and groundwater monitoring technologies.

(k)  For any site or facility licensed under part 2 of this article, in addition to

any reporting requirements provided in the license or rules, the licensee shall provide notice to the department as soon as practicable upon discovery of any spill or release involving toxic or radioactive materials and shall provide an initial written report within seven days after any such discovery. The department shall post all such written reports on the department's website as soon as practicable, and in no case later than seven days after receipt by the department.

(6)  Any qualified inspector who incorrectly certifies a machine that is a

source of radiation as meeting the applicable specifications as required in section 25-11-104 (8) is subject to disciplinary action in accordance with section 24-4-104, C.R.S.

(7)  If the department has reasonable cause to believe that a violation of this

part 1 or of a license, registration, rule, or order issued under this part 1 has occurred or is occurring, the department may issue a cease-and-desist order setting forth the provision alleged to be violated, the facts alleged to constitute the violation, and the time by which the violation must cease. Except for emergency orders issued to protect the public health or the environment, for which a person to whom the emergency order has been issued may request an immediate hearing pursuant to section 24-4-105 (12), C.R.S., a person to whom a cease-and-desist order has been issued may petition the district court for the district in which the violation is alleged to have occurred or be occurring for a stay of the order. The court shall grant the request to stay if the person demonstrates that immediate and irreparable injury will result if the stay is not granted and that granting the stay will not result in serious harm to the public health, safety, or welfare or the environment.

Source: L. 65: p. 719, � 7. C.R.S. 1963: � 66-26-7. L. 67: p. 764, � 2. L. 79: (4)

added, p. 1065, � 5, effective July 1. L. 83: (5) added, p. 1084, � 4, effective July 1. L. 88: (2.5) and (6) added and (3) amended, p. 1047, � 2, effective July 1. L. 2010: (1), (2), (2.5), (4), (5), and (6) amended and (7) added, (HB 10-1149), ch. 282, p. 1315, � 6, effective May 26; (5)(j) added, (HB 10-1348), ch. 388, p. 1818, � 2, effective June 8. L. 2014: (5)(j) amended and (5)(k) added, (SB 14-192), ch. 327, p. 1444, � 1, effective August 6. L. 2015: (5)(j) amended, (HB 15-1145), ch. 79, p. 220, � 3, effective August 5. L. 2021: (3) amended, (SB 21-271), ch. 462, p. 3238, � 469, effective March 1, 2022.

Editor's note: Amendments to subsection (5) by House Bill 10-1149 and

House Bill 10-1348 were harmonized.

Cross references: For the penalty for a class 2 misdemeanor, see � 18-1.3-501.

C.R.S. § 25-15-208

25-15-208. Commission to promulgate rules and regulations - limitations. (1) The commission may promulgate rules and regulations establishing criteria for the engineering design of hazardous waste disposal sites and for the location of such sites to the extent that site characteristics are integrally related to the safe engineering design of such sites. Such rules and regulations shall take into account at least the following: Protection of surface and subsurface waters, suitable physical characteristics, distance from waste generation centers, access routes, distance from water wells, and final closure.

(2)  The commission may also promulgate rules and regulations establishing

what constitutes a substantial change in ownership, design, or operation of a hazardous waste disposal site under section 25-15-206.

(3)  The rules and regulations promulgated by the commission pursuant to

this section shall be based upon generally accepted scientific data.

Source: L. 81: Entire article R&RE, p. 1349, � 1, effective July 1. L. 83: Entire

section R&RE, p. 1094, � 12, effective June 3. L. 92: Entire section amended, p. 1260, � 22, effective August 1.

C.R.S. § 30-20-109

30-20-109. Commission to promulgate rules - definitions. (1) The solid and hazardous waste commission shall promulgate rules for the engineering design and operation of solid wastes disposal sites and facilities, which may include:

(a)  The establishment of engineering design criteria applicable, but not

limited, to protection of surface and subsurface waters, suitable soil characteristics, distance from solid wastes generation centers, access routes, distance from water wells, disposal facility on-site traffic control patterns, insect and rodent control, methods of solid wastes compaction in the disposal fill, confinement of windblown debris, recycling operations, fire prevention, and final closure of the compacted fill;

(b)  The establishment of criteria for solid wastes disposal sites and facilities

which will place into operation the engineering design for such disposal sites and facilities;

(c)  (Deleted by amendment, L. 91, p. 958, � 3, effective July 1, 1991.)


(d)  The establishment of a reviewing fee to be charged by the department

for the review of any written recommendation and findings of a private contractor who has acted in lieu of the department to review an application for a solid wastes disposal site and facility under the provisions of section 30-20-103.7 for compliance with the state's requirements. Such fee shall not exceed actual and reasonable costs and shall not exceed five thousand dollars.

(e)  The establishment of a fee for the technical review described in section

30-20-119 (2), which fee shall not exceed ten thousand dollars, or the actual cost of such technical review.

(1.5) (a)  As used in this subsection (1.5):


(I)  EP waste means exploration and production waste, as that term is

defined in section 34-60-103, C.R.S.

(II)  EP waste disposal facility means a commercial solid wastes disposal

site and facility that accepts the deposit of EP waste.

(b)  The solid and hazardous waste commission shall promulgate rules that

are specifically applicable to the deposit of EP waste at an EP waste disposal facility. The rules shall include the following:

(I)  Mandatory set-backs of EP waste disposal facilities of one-half mile from

all residences, educational facilities, day care centers, hospitals, nursing homes, jails, hotels, motels, other occupied structures, or outside activity areas such as parks and playing fields as designated in the rules;

(II)  Mandatory fabricated liners and monitoring requirements as necessary to

prevent the migration of EP waste to groundwater;

(III)  Waste analysis and reporting requirements to ensure that only EP waste

is disposed of at an EP waste disposal facility;

(IV)  Fencing and netting requirements to prevent the public and wildlife from

accessing EP waste disposal facilities;

(V)  Contingency plans to respond to emergencies, including adequate

freeboard, overflow ponds, or both; and

(VI)  Financial assurance requirements that are adequate to cover closure

and reclamation costs.

(c)  Except as provided in paragraph (e) of this subsection (1.5), an EP waste

disposal facility that accepted EP waste on or before June 4, 2008, and that had not begun closure by June 4, 2008, shall:

(I)  File an application pursuant to section 30-20-103 within three months

after the rules promulgated pursuant to this subsection (1.5) become effective with the governing body having jurisdiction to amend the facility's certificate of designation to incorporate the requirements specified in the rules; and

(II)  Comply with the rules promulgated pursuant to this subsection (1.5)

within twenty-four months after they become effective, unless the EP waste disposal facility demonstrates to the department no later than eighteen months after the rules become effective why it cannot timely comply with the rules and the department agrees to a compliance schedule. In such case, the department may extend the compliance deadline to no more than thirty-six months after the rules become effective; except that nothing in this subsection (1.5) shall be deemed to:

(A)  Require an EP waste disposal facility that lawfully accepted EP waste on

or before June 4, 2008, to comply with the set-back requirements of this subsection (1.5); or

(B)  Place an EP waste disposal facility into noncompliance because of an

alleged violation of a set-back requirement of this subsection (1.5) due solely to the fact that a residential or other occupied structure or a designated outside activity area is established within the set-back distance on or after issuance of the certificate of designation pursuant to this subsection (1.5).

(d)  The department shall:


(I)  Coordinate with the energy and carbon management commission created

in section 34-60-104.3 (1), governing bodies having jurisdiction, and the federal bureau of land management to identify potential EP waste disposal sites that are located reasonably close to oil and gas operation areas on either federal or nonfederal land and that meet the set-back requirements of this subsection (1.5); and

(II)  To the extent practicable, encourage governing bodies having jurisdiction

and the federal bureau of land management to approve the siting of EP waste disposal sites at locations identified pursuant to this paragraph (d) when so requested by a commercial operator.

(e) (I)  Upon the recommendation of the department, the solid and hazardous

waste commission may waive, for individual impoundments, the requirement imposed pursuant to paragraph (c) of this subsection (1.5) that an EP waste disposal facility that accepted EP waste on or before June 4, 2008, but had not begun closure by that date, must install fabricated liners. The department may recommend a waiver only if all of the following conditions are met:

(A)  There have been no unpermitted discharges to groundwater or surface

water from the operation of the facility;

(B)  Each impoundment for which a waiver is requested is located more than

one thousand feet from any public or private water well or surface water;

(C)  The owner or operator complies with mandatory monitoring and reporting

requirements as determined by the department, including, but not limited to, individual impoundment leak detection monitoring; and

(D)  The owner or operator is not subject to any outstanding compliance

orders or enforcement actions with regard to the design, operation, or closure of the facility.

(II)  If, at any time, the department determines that one or more of the

conditions specified in subparagraph (I) of this paragraph (e) are no longer met, the department may bring the relevant information to the solid and hazardous waste commission with a recommendation to rescind the waiver of the requirement to install fabricated liners. If the solid and hazardous waste commission determines that one or more of the conditions are no longer being met, the solid and hazardous waste commission may rescind the waiver and instruct the department to establish a compliance schedule for the owner or operator to install fabricated liners.

(2)  The solid and hazardous waste commission may promulgate rules

concerning:

(a)  The establishment of an initial examination of each application for a solid

wastes disposal site and facility to establish the completeness of the information submitted. Such initial examination shall be completed within thirty days after the department receives such application, and the department shall mail written notification to an applicant and to the governing body having jurisdiction within such time period stating the decision of the department to begin its review of such application or to reject the application based on incompleteness.

(b)  The establishment of a fee for the review of solid wastes disposal site

and facility submittals and the preoperation inspection for such site and facility, for the attendance of department staff at public meetings and associated activities, and for the assessment of remediation activities concerning closed or old disposal sites or spill and incident clean-ups. The total fee charged for the review of an application or amendments to an application shall not exceed the actual documented costs incurred by the department in the performance of these activities and shall be subject to the maximum levels established in accordance with the provisions of subsection (2.5) of this section. Such review shall be completed within one hundred fifty days from date of issuance of the department's decision to begin its review. Moneys from the collection of such fees shall be credited to the solid waste management fund pursuant to the provisions of section 30-20-118. Such moneys shall be used solely to support the application review process and to support the staff of the department involved with such process.

(c)  (Deleted by amendment, L. 98, p. 882, � 9, effective July 1, 1998.)


(d)  The establishment of criteria for composting sites and facilities for which

a certificate of designation is not required under section 30-20-102 (8).

(2.5)  The solid and hazardous waste commission shall promulgate rules

pertaining to the assessment of annual fees and document review and activity fees to offset program costs from solid waste disposal sites and facilities in accordance with the following requirements:

(a)  Annual fees shall be established for solid waste disposal sites and

facilities that are not required to pay solid waste user fees imposed pursuant to section 25-16-104.5, C.R.S. The fee imposed by this paragraph (a) shall not exceed five thousand dollars per year per facility; except that a monofill facility that contains coal combustion products shall be exempt from the fee imposed by this paragraph (a). The annual fee shall be uniform among owners of the same type of, and similarly sized, facility and shall consider the department's level of effort in regulating the facilities.

(b)  The hourly charge for the document review and activity fees shall be

established at a rate comparable to industry rates for performing similar tasks with maximum levels on document review and activity fees that reflect timely and cost-effective reviews.

(c)  The department shall provide a receipt for the fees paid pursuant to this

subsection (2.5), shall transmit such payments to the state treasurer, and accept the state treasurer's receipt in return for the payments transmitted. The state treasurer shall credit one hundred percent of the fees transmitted pursuant to this paragraph (c) to the solid waste management fund created in section 30-20-118 (1) to be used by the department in carrying out its duties and responsibilities concerning solid waste management.

(2.7)  If the department determines that a site or facility is or has been

subject to payment of the annual fee requirements pursuant to subsection (2.5) of this section and has not paid any portion of the amount of fees due and owing, in addition to any other remedies the department may have in such circumstances as provided by law, the department may assess the site or facility an additional fee to offset program costs caused by the site or facility, which additional fee shall be equivalent to double the amount of the estimated annual fee, without interest, that the site or facility would have paid the department if the fee had been paid as required by law.

(3)  Any applicant aggrieved by a recommendation of the department

concerning an application for a solid wastes disposal site and facility shall be entitled to a hearing and review pursuant to the provisions of the State Administrative Procedure Act, article 4 of title 24, C.R.S.

(4) (a)  Any and all rules promulgated by the department of public health and

environment prior to the transfer of its rule-making authority under this section to the state board of health shall remain in full force and effect after the date of such transfer.

(b)  All acts, orders, and rules adopted by the state board of health under the

authority of this part 1 prior to July 1, 2006, that were valid prior to said date and not otherwise subject to judicial review shall, to the extent that they are not inconsistent with said part, be deemed and held to be legal and valid in all respects, as though issued by the solid and hazardous waste commission under the authority of this part 1. No provision of this part 1 shall be construed to validate any actions, orders, or rules that were not valid when adopted by the board of health prior to such date.

Source: L. 67: p. 761, � 9. C.R.S. 1963: � 36-23-9. L. 71: p. 343, � 10. L. 85:

(1)(c) added, p. 1065, � 1, effective July 1. L. 91: Entire section amended, p. 968, � 10, effective June 5; (1)(c) amended and (1)(d) and (2) added, pp. 958, 954, �� 3, 2, 4, effective July 1. L. 93: (1)(d) amended, p. 475, � 1, effective April 21. L. 94: IP(1), IP(2), and (2)(c)(I) amended and (4) added, p. 33, � 4, effective March 9; (2)(c)(I) and (4) amended, pp. 2616, 2620, 2800, �� 26, 33, 559, effective July 1. L. 95: IP(2) and (2)(c) amended, p. 156, � 1, effective July 1. L. 96: (2)(c)(I) amended, p. 33, � 1, effective March 18. L. 98: (1)(d), IP(2), (2)(b), and (2)(c) amended and (2)(d) added, p. 882, � 9, effective July 1. L. 2006: IP(1), IP(2), and (4) amended, p. 1136, � 19, effective July 1. L. 2007: (1)(d) and (2)(b) amended and (2.5) and (2.7) added, p. 1144, � 10, effective July 1. L. 2008: (1.5) added, p. 2168, � 2, effective June 4. L. 2009: IP(1.5)(c) amended and (1.5)(e) added, (HB 09-1056), ch. 301, p. 1607, � 3, effective May 21. L. 2023: (1.5)(d)(I) amended; (SB 23-285), ch. 235, p. 1255, � 32, effective July 1.

Editor's note: Amendments to this section by Senate Bill 91-160, Senate Bill

91-168, and Senate Bill 91-174 were harmonized. Amendments to subsection (2)(c)(I) by House Bill 94-1077 and House Bill 94-1029 were harmonized.

Cross references: (1)  In 2007, subsections (1)(d) and (2)(b) were amended by

the Recycling Resources Economic Opportunity Act. For the short title and the legislative declaration, see sections 1 and 2 of chapter 278, Session Laws of Colorado 2007.

(2)  For the legislative declaration contained in the 2008 act enacting

subsection (1.5), see section 1 of chapter 421, Session Laws of Colorado 2008.

C.R.S. § 34-32-113

34-32-113. Prospecting notice - reclamation requirements - rules. (1) Any person desiring to conduct prospecting shall, prior to entry upon the lands, file with the board a notice of intent to conduct prospecting operations on a form approved by the board. Such notice shall be accompanied by a fee as specified in section 34-32-127 (2).

(2)  The notice form shall contain the following:


(a)  The name of the person or organization doing the prospecting;


(b)  A statement that prospecting will be conducted pursuant to the terms

and conditions listed on the approved form;

(c)  A brief description of the type of operations which will be undertaken;


(d)  A description of the lands to be prospected by township and range;


(e)  An approximate date of commencement of operations; and


(f)  Measures to be taken to reclaim any affected land consistent with the

requirements of section 34-32-116.

(3)  All information provided to the board in a notice of intent to conduct

prospecting or a modification of such a notice is a matter of public record subject to the Colorado Open Records Act, part 2 of article 72 of title 24, C.R.S., including, in the case of a modification, the original notice of intent; except that information relating to the mineral deposit location, size, or nature and, as determined by the board, other information designated by the operator as proprietary or trade secrets or that would cause substantial harm to the competitive position of the operator shall be protected as confidential information by the board and shall not be a matter of public record in the absence of a written release from the operator or until a finding by the board that reclamation is satisfactory. Such information designated as exempt shall remain confidential until a final determination by the board. The board shall promulgate rules implementing this subsection (3) and shall consider information including the timing of the disclosure of the operator's identity.

(4) (a)  Upon filing the notice of intent to conduct prospecting, the person

shall provide financial warranty in the amount of two thousand dollars per acre of the land to be disturbed or such other amount as determined by the board.

(b)  A person may submit statewide warranties for prospecting if such

warranties are in an amount fixed by the board by rule and such person otherwise complies with the provisions of this section for every area to be prospected.

(5)  Upon completion of the prospecting, there shall be filed with the board a

notice of completion of prospecting operations. Within ninety days after the filing of the notice of completion, the board shall notify the person who had conducted the prospecting operations of the steps necessary to reclaim the land.

(5.5) (a)  Without regard to the one thousand six hundred square foot

limitation of section 34-32-103 (12), all drill holes sunk for the purpose of prospecting for locatable or leasable minerals on any land within the state of Colorado shall be plugged, sealed, or capped pursuant to this subsection (5.5) by the person conducting the prospecting. This subsection (5.5) shall not apply to holes drilled in conjunction with a mining operation for which the board has issued a permit nor to wells or holes regulated pursuant to section 34-33-117 and to article 60 of this title or article 80, 90, 91, or 92 of title 37, C.R.S.

(b)  Drill holes sunk for the purpose of prospecting shall be abandoned in the

following manner:

(I)  Any artesian flow of groundwater to the surface shall be eliminated by a

plug made of cement or similar material or by a procedure sufficient to prevent such artesian flow.

(II)  Drill holes which have encountered any aquifer in volcanic or sedimentary

rock, as aquifer is defined in section 37-90-103 (2), C.R.S., shall be sealed utilizing a sealing procedure which is adequate to prevent fluid communication between aquifers.

(III)  Each drill hole shall be securely capped at a minimum depth compatible

with local cultivation practices or at a minimum of two feet below either the original land surface or the collar of the hole, whichever is the lower elevation. The cap is to be made of concrete or other material which is satisfactory for such capping. The site shall be backfilled above the cap to the original land surface.

(IV)  If any drill hole is to be ultimately used as or converted to a water well,

the user shall comply with the applicable provisions of title 37, C.R.S.

(V)  Each drill site shall be reclaimed pursuant to section 34-32-116,

including, if necessary, reseeding if grass or any other crop was destroyed.

(c)  Abandonment in the manner provided in paragraph (b) of this subsection

(5.5) shall occur immediately following the drilling of the hole and the probing for minerals in the prospecting process. However, a drill hole may be maintained as temporarily abandoned without being plugged, sealed, or capped. However, no drill hole which is to be temporarily abandoned without being plugged, sealed, or capped shall be left in such a condition as to allow fluid communication between aquifers. Such temporarily abandoned drill holes shall be securely covered in a manner which will prevent injury to persons and animals.

(d)  No later than sixty days after the completion of the abandonment

pursuant to paragraph (b) of this subsection (5.5) of any drill hole that has artesian flow at the surface, the person conducting the prospecting shall submit to the head of the office a report containing the location of such hole to within two hundred feet of its actual location, the estimated rate of flow of such artesian flow, if such is known, and the facts of the technique used to plug such hole.

(e)  No later than twelve months after the completion of the abandonment of

any drill hole pursuant to paragraph (b) of this subsection (5.5), there shall be filed by the person conducting the prospecting with the head of the office a report containing the location of the hole to the nearest forty-acre legal subdivision and the facts of the technique used to plug, seal, or cap the hole.

(f)  The head of the office may not waive any of the administrative provisions

of this subsection (5.5).

(6)  The board shall inspect the lands prospected within thirty days after the

person prospecting the lands completes the reclamation and notifies the board that the reclamation is finished. If the board finds the reclamation satisfactory, the board shall release applicable performance and financial warranties.

(7)  The financial warranty shall not be held for more than thirty days after

the completion of the reclamation.

(8)  The board is authorized to inspect any ongoing prospecting operation or

any prospecting operation prior to the request for release of performance and financial warranties, in order to determine compliance with the terms of this article.

(9)  Upon the submittal of a notice of intent to conduct prospecting

operations or a modification of such a notice, the person submitting such notice or modification shall give an electronic version of the notice or modification, except for that information exempted from public disclosure under subsection (3) of this section and that information designated by the person as exempt from disclosure under subsection (3) of this section, to the board in a format determined by the board. The division shall post such version of the notice or modification on its website.

Source: L. 76: Entire article R&RE, p. 736, � 1, effective July 1. L. 80: (5.5) and

(8) added, p. 687, � 2, effective July 1. L. 81: (4), (6), (7), and (8) amended, p. 1670, � 7, effective June 19. L. 83: (3) amended, p. 2051, � 23, effective October 14. L. 91: (1) amended, p. 1435, � 8, effective July 1. L. 92: (5.5)(d), (5.5)(e), and (5.5)(f) amended, p. 1941, � 39, effective July 1. L. 93: (4) amended, p. 1181, � 7, effective July 1. L. 2008: (3), (5.5)(d), (5.5)(e), and (5.5)(f) amended and (9) added, p. 1705, � 1, effective June 2. L. 2009: (3) amended, (SB 09-292), ch. 369, p. 1979, � 111, effective August 5.

Editor's note: This section is similar to former � 34-32-111 as it existed prior

to 1976.

C.R.S. § 34-60-103

34-60-103. Definitions - rules. As used in this article 60, unless the context otherwise requires:

(1)  And includes the word or and the use of the word or includes the

word and. The use of the plural includes the singular and the use of the singular includes the plural.

(2) (a)  Carbon dioxide flow line means a segment of pipe transferring

injection carbon dioxide between the wellhead of a class VI injection well and a pipeline regulated by the pipeline and hazardous materials safety administration of the United States department of transportation or the public utilities commission.

(b)  Carbon dioxide flow line does not include pipelines regulated by the

pipeline and hazardous materials safety administration of the United States department of transportation or the public utilities commission.

(3)  Class VI injection well means a well drilled pursuant to a permit for a

class VI injection well issued under the federal Safe Drinking Water Act, 42 U.S.C. sec. 300f et seq., as amended.

(4)  Commission means the energy and carbon management commission

created in section 34-60-104.3 (1).

(5)  Common source of supply is synonymous with pool as defined in this

section.

(6) (a)  Correlative rights means that each owner and producer in a common

pool or source of supply of oil and gas must have an equal opportunity to obtain and produce the owner's or producer's just and equitable share of the oil and gas underlying the pool or source of supply.

(b)  As used in section 34-60-141, correlative rights means that each owner

of a sequestration estate must have an equal opportunity to utilize the owner's just and equitable share of the underlying geologic storage resource.

(7) (a)  Cumulative impacts means the effects on public health and the

environment, including the impacts to air quality, water quality, climate, noise, odor, wildlife, and biological resources, caused by the incremental impacts that a proposed new or amended operation regulated by the commission pursuant to this article 60 would have when added to the impacts from other past, present, and reasonably foreseeable future development of any type on the impact area or on a disproportionately impacted community.

(b)  Cumulative impacts may include both adverse and beneficial

environmental impacts.

(c)  This subsection (7) is effective on the effective date of the rules adopted

pursuant to section 34-60-106 (11)(d)(I).

(8)  Disproportionately impacted community has the meaning set forth in

section 24-4-109 (2)(b)(II).

(9)  Division of parks and wildlife means the division of parks and wildlife

identified in article 9 of title 33.

(10)  Energy and carbon management operations means all operations

regulated by the commission.

(11)  Energy and carbon management operator means any person that

exercises the right to control the conduct of energy and carbon management operations.

(12)  Exploration and production waste means those wastes that are

generated during the drilling of and production from oil and gas wells; during the drilling of and production from wells for deep geothermal operations, as defined in section 37-90.5-103 (3), regulated by the commission pursuant to article 90.5 of title 37; or during primary field operations and that are exempt from regulation as hazardous wastes under Subtitle C of the federal Resource Conservation and Recovery Act of 1976, 42 U.S.C. secs. 6901 to 6934, as amended.

(13)  Gas means all natural gases and all hydrocarbons not defined in this

section as oil.

(14)  Geologic storage means the injection and underground sequestration

of injection carbon dioxide in a geologic storage resource pursuant to a valid class VI permit issued pursuant to the federal Safe Drinking Water Act, 42 U.S.C. sec. 300f et seq., as amended.

(15) (a)  Geologic storage facility means the specific part of a geologic

storage resource that is utilized for geologic storage, together with the well or wells and all surface equipment and disturbances associated with the geologic storage operations at the geologic storage location.

(b)  Geologic storage facility does not include pipelines regulated by the

pipeline and hazardous materials safety administration of the United States department of transportation or the public utilities commission.

(16)  Geologic storage location means a definable area where a geologic

storage operator uses or intends to use the surface of the land in order to operate a geologic storage facility.

(17)  Geologic storage operations means activities performed for the

purpose of engaging in geologic storage in the state, including:

(a)  The following activities related to the operation of a geologic storage

facility:

(I)  Drilling test bores and monitoring wells;


(II)  Siting;


(III)  Installing and operating carbon dioxide flow lines;


(IV)  Drilling;


(V)  Deepening;


(VI)  Recompleting;


(VII)  Reworking; and


(VIII)  Abandoning;


(b)  Injecting injection carbon dioxide for the purpose of geologic storage;


(c)  Any constructing, site preparing, or reclaiming activities associated with

the activities described in subsection (17)(a) or (17)(b) of this section; and

(d)  Any other activities determined by the commission to be necessary to

protect and minimize adverse impacts associated with geologic storage to public health, safety, welfare, the environment, and natural resources.

(18)  Geologic storage operator means any person that exercises the right

to control the conduct of geologic storage operations.

(19) (a)  Geologic storage resource means pore space necessary for

geologic storage.

(b)  Geologic storage resource does not include an underground source of

drinking water, as defined in 40 CFR 144.3.

(20)  Geologic storage unit means a unit of one or more geologic storage

resources or parts of a geologic storage resource established by the commission pursuant to section 34-60-141.

(21)  Geologic storage unit area means any geologic storage resource, or

part of a geologic storage resource, included in a geologic storage unit.

(22)  Impact area means a defined geographic area or areas in which

operations regulated by the commission have the potential to contribute to cumulative impacts. The commission shall determine the impact area for a particular proposed operation based on the nature, intensity, and scope of the operation in its proposed location and the geographic extent of potential impacts.

(23)  Impacts to climate means the quantification of emissions of

greenhouse gases, as defined in section 25-7-140 (6), that occur from sources that are controlled or owned by the energy and carbon management operator and from reasonably foreseeable truck traffic, as well as reductions in greenhouse gas emissions, associated with the proposed operation.

(24)  Injection carbon dioxide means carbon dioxide, including its

derivatives and all mixtures, combinations, and phases, whether liquid, gaseous, super-critical, or solid, and whether stripped, segregated, or divided from any other fluid stream, including all incidental associated substances derived from the source materials.

(25)  Local government means a:


(a)  Municipality or city and county within whose boundaries a surface

location for energy and carbon management operations is sited or proposed to be sited; or

(b)  County, if a surface location for energy and carbon management

operations is sited or proposed to be sited within the boundaries of the county but is not located within a municipality or city and county.

(26)  Minimize adverse impacts means, to the extent necessary and

reasonable to protect public health, safety, and welfare; the environment; and wildlife resources, to:

(a)  Avoid adverse impacts from energy and carbon management operations;

and

(b)  Minimize and mitigate the extent and severity of those impacts that

cannot be avoided.

(27)  Oil means crude petroleum oil and any other hydrocarbons, regardless

of gravities, that are produced at the well in liquid form by ordinary production methods and that are not the result of condensation of gas before or after it leaves the reservoir.

(28)  Oil and gas facility means equipment or improvements used or

installed at an oil and gas location for the exploration, production, withdrawal, treatment, or processing of crude oil, condensate, exploration and production waste, or gas.

(29)  Oil and gas location means a definable area where an oil and gas

operator has disturbed or intends to disturb the land surface in order to locate an oil and gas facility.

(30)  Oil and gas operations means exploration for oil and gas, including:


(a)  The conduct of seismic operations and the drilling of test bores;


(b)  The siting, drilling, deepening, recompletion, reworking, or abandonment

of an oil and gas well, underground injection well, or gas storage well;

(c)  Production operations related to any well described in subsection (30)(b)

of this section, including the installation of flow lines and gathering systems;

(d)  The generation, transportation, storage, treatment, or disposal of

exploration and production wastes; and

(e)  Any construction, site preparation, or reclamation activities associated

with the operations described in this subsection (30).

(31)  Operator means any person that exercises the right to control the

conduct of oil and gas operations.

(32)  Owner means the person that has the right to drill into and produce

from a pool and to appropriate the oil or gas the person produces from the pool either for the person or others or for the person and others, including the owner of a well capable of producing oil or gas, or both.

(33)  Parks and wildlife commission means the parks and wildlife

commission created in section 33-9-101.

(34)  Permit means any permit, sundry notice, notice of intention, or other

approval, including any conditions of approval, that is granted, issued, or approved by the commission.

(35)  Person means any natural person, corporation, association,

partnership, receiver, trustee, executor, administrator, guardian, fiduciary, or other representative of any kind and includes any department, agency, or instrumentality of the state or any governmental subdivision of the department, agency, or instrumentality of the state.

(36)  Pool means an underground reservoir containing a common

accumulation of oil or gas, or both. Each zone of a general structure, which zone is completely separated from any other zone in the structure, is covered by the word pool as used in this article 60.

(37)  Pore space means a cavity or void, whether natural or artificially

created, in a subsurface stratum.

(38)  Producer means the owner of a well capable of producing oil or gas, or

both.

(39)  Reasonably foreseeable future development means development that

has not yet been undertaken for which an applicable local, state, or federal agency has received an application or issued a permit. Future development is reasonably foreseeable only if information related to the permit is publicly available.

(40)  Sequestration estate means a portion of a geologic storage resource.


(40.5) (a)  Site closure means that an operator of a geologic storage facility

has demonstrated, in accordance with all rules of the commission, that:

(I)  Geologic storage operations at the facility no longer pose a danger to

public health, safety, or welfare or to the environment, including underground sources of drinking water and wildlife resources; and

(II)  The operator has received approval from the commission for the facility

to be closed.

(b)  Site closure requires that:


(I)  All wells are plugged, equipment is removed, and land is reclaimed, unless

otherwise required for long-term stewardship and monitoring or as determined by the director of the commission; and

(II)  Monitoring equipment is installed if required by the post-injection site

care and site closure plan or by rules of the commission.

(41)  Surface owner means any person owning all or part of the surface of

land upon which energy and carbon management operations are conducted, as shown by the tax records of the county in which the tract of land is situated, or any person with such rights under a recorded contract to purchase.

(42)  Underground natural gas storage cavern means a facility that stored

natural gas in an underground cavern or abandoned mine on or before January 1, 2000. An underground natural gas storage cavern includes all surface or subsurface rights and appurtenances associated with the underground injection, storage, and withdrawal of natural gas but does not include any compressor stations or pipeline facilities subject to regulation by the public utilities commission or the United States department of transportation.

(43)  Waste, as applied to gas:


(a)  Includes the escape, blowing, or releasing, directly or indirectly into the

open air, of gas from wells productive of gas only, or gas in an excessive or unreasonable amount from wells producing oil or both oil and gas; and the production of gas in quantities or in such manner as unreasonably reduces reservoir pressure or, subject to subsection (43)(b) of this section, unreasonably diminishes the quantity of oil or gas that ultimately may be produced; excepting gas that is reasonably necessary in the drilling, completing, testing, and in furnishing power for the production of wells; and

(b)  Does not include the nonproduction of gas from a formation if necessary

to protect public health, safety, and welfare; the environment; or wildlife resources as determined by the commission.

(44)  Waste, as applied to oil:


(a)  Includes underground waste; inefficient, excessive, or improper use or

dissipation of reservoir energy, including gas energy and water drive; surface waste; open-pit storage; and waste incident to the production of oil in excess of the producer's aboveground storage facilities and lease and contractual requirements, but excluding storage, other than open-pit storage, reasonably necessary for building up or maintaining crude stocks and products of crude stocks for consumption, use, and sale; and

(b)  Does not include the nonproduction of oil from a formation if necessary to

protect public health, safety, and welfare; the environment; or wildlife resources as determined by the commission.

(45)  Waste, in addition to the meanings as set forth in subsections (43) and

(44) of this section:

(a)  Means, subject to subsection (45)(b) of this section:


(I)  Physical waste, as that term is generally understood in the oil and gas

industry;

(II)  The locating, spacing, drilling, equipping, operating, or producing of any

oil or gas well or wells in a manner that causes or tends to cause reduction in quantity of oil or gas ultimately recoverable from a pool under prudent and proper operations or that causes or tends to cause unnecessary or excessive surface loss or destruction of oil or gas; and

(III)  Abuse of the correlative rights of any owner in a pool due to nonuniform,

disproportionate, unratable, or excessive withdrawals of oil or gas from the pool, causing reasonably avoidable drainage between tracts of land or resulting in one or more producers or owners in the pool producing more than an equitable share of the oil or gas from the pool; and

(b)  Does not include the nonproduction of oil or gas from a formation if

necessary to protect public health, safety, and welfare; the environment; or wildlife resources as determined by the commission.

(46)  Wildlife resources means fish, wildlife, and their aquatic and

terrestrial habitats.

Source: L. 51: pp. 652, 653, �� 3, 4, 5. CSA: C. 118, �� 68(3), 68(4), 68(5). L.

52: p. 132, � 1. CRS 53: � 100-6-3. L. 55: p. 649, � 2. C.R.S. 1963: � 100-6-3. L. 94: (4.5), (6.5), (6.8), (7.5), and (10.5) added, p. 1979, � 3, effective June 2. L. 2001: (10.7) added, p. 1303, � 1, effective June 5. L. 2007: (4.3), (5.5), (14), and (15) added, p. 1329, � 2, effective July 1. L. 2011: (4.3) and (14) amended and (7.1) added, (SB 11-208), ch. 293, p. 1394, � 27, effective July 1. L. 2012: (7.1) amended and (14) repealed, (HB 12-1317), ch. 248, p. 1235, � 89, effective June 4. L. 2019: IP, (5.5), (11), (12), and (13) amended and (5.3), (6.2), and (6.4) added, (SB 19-181), ch. 120, p. 506, � 7, effective April 16. L. 2023: (2) and (4.5) amended, (SB 23-285), ch. 235, p. 1248, � 17, effective July 1. L. 2024: (8) added, (SB 24-229), ch. 183, p. 992, � 8, effective May 16; entire section amended, (HB 24-1346), ch. 216, p. 1324, � 2, effective May 21. L. 2025: (40.5) added, (HB 25-1165), ch. 257, p. 1290, � 3, effective August 6.

Editor's note: (1)  Subsection (7.1) was numbered as (1.5) in Senate Bill 11-208

but has been renumbered on revision for ease of location.

(2)  Subsection (8) was numbered as (8) by SB 24-229 but has been

renumbered on revision as subsection (4.2) for ease of location and harmonized with HB 24-1346 and relocated to subsection (8).

Cross references: For the legislative declaration contained in the 1994 act

enacting subsections (4.5), (6.5), (6.8), (7.5), and (10.5), see section 1 of chapter 317, Session Laws of Colorado 1994. For the legislative declaration in SB 24-229, see section 1 of chapter 183, Session Laws of Colorado 2024. For the legislative declaration in HB 25-1165, see section 1 of chapter 257, Session Laws of Colorado 2025.

C.R.S. § 34-60-116

34-60-116. Drilling units - pooling interests - definition. (1) (a) To prevent or to assist in preventing waste, to avoid the drilling of unnecessary wells, or to protect correlative rights, the commission, upon its own motion or on a proper application of an interested party, but after notice and hearing as provided in this section, may establish one or more drilling units of specified size and shape covering any pool or portion of a pool.

(b)  The application must include proof that either:


(I)  The applicant has filed an application with the local government having

jurisdiction to approve the siting of the proposed oil and gas location and the local government's disposition of the application; or

(II)  The local government having jurisdiction does not regulate the siting of

oil and gas locations.

(2)  In establishing a drilling unit, the acreage to be embraced within each

unit and the shape thereof shall be determined by the commission from the evidence introduced at the hearing; except that, when found to be necessary for any of the purposes mentioned in subsection (1) of this section, the commission is authorized to divide any pool into zones and establish drilling units for each zone, which units may differ in size and shape from those established in any other zone, so that the pool as a whole will be efficiently and economically developed, but no drilling unit shall be smaller than the maximum area that can be efficiently and economically drained by one well. If the commission is unable to determine, based on the evidence introduced at the hearing, the existence of a pool and the appropriate acreage to be embraced within a drilling unit and the shape thereof, the commission is authorized to establish exploratory drilling units for the purpose of obtaining evidence as to the existence of a pool and the appropriate size and shape of the drilling unit to be applied thereto. In establishing the size and shape of the exploratory drilling unit, the commission may consider, but is not limited to, the size and shape of drilling units previously established by the commission for the same formation in other areas of the same geologic basin. Any spacing regulation made by the commission shall apply to each individual pool separately and not to all units on a statewide basis.

(3)  The order establishing a drilling unit:


(a)  Is subject to section 34-60-106 (2.5); and


(b)  May authorize one or more wells to be drilled and produced from the

common source of supply on a drilling unit.

(4)  The commission, upon application, notice, and hearing, may decrease or

increase the size of the drilling units or permit additional wells to be drilled within the established units in order to prevent or assist in preventing waste or to avoid the drilling of unnecessary wells, or to protect correlative rights, and the commission may enlarge the area covered by the order fixing drilling units, if the commission determines that the common source of supply underlies an area not covered by the order.

(5)  After an order fixing drilling units has been entered by the commission,

the commencement of drilling of any well into any common source of supply for the purpose of producing oil or gas therefrom, at a location other than authorized by the order, is prohibited. The operation of any well drilled in violation of an order fixing drilling units is prohibited.

(6) (a)  When two or more separately owned tracts are embraced within a

drilling unit, or when there are separately owned interests in all or a part of the drilling unit, then persons owning the interests may pool their interests for the development and operation of the drilling unit.

(b) (I)  In the absence of voluntary pooling, the commission, upon the

application of a person that owns, or has secured the consent of the owners of, more than forty-five percent of the mineral interests to be pooled, may enter an order pooling all interests in the drilling unit for the development and operation of the drilling unit. The application must include an affidavit that declares that the applicant owns, or has secured the consent of the owners of, more than forty-five percent of the mineral interests to be pooled. The affidavit must identify:

(A)  By recording or reception number, any recorded oil and gas lease,

recorded memorandum of oil and gas lease, or recorded agreement that conveys rights to minerals or provides the consent of an applicable mineral interest owner or owners within the drilling unit and that the applicant is using to support the declaration in the affidavit; and

(B)  The American Petroleum Institute unique identifier number assigned by

the commission for any oil and gas well that is holding open a recorded oil and gas lease, recorded memorandum of oil and gas lease, or recorded agreement identified pursuant to subsection (6)(b)(I)(A) of this section.

(I.3)  If the applicant is relying on an unrecorded oil and gas lease,

unrecorded memorandum of oil and gas lease, or unrecorded agreement to support the declaration in the affidavit, the applicant must disclose that the applicant is relying on an unrecorded oil and gas lease, unrecorded memorandum of oil and gas lease, or unrecorded agreement in the affidavit.

(I.5)  If a protest is filed pursuant to subsection (6)(b.5)(I) of this section, the

commission shall require the applicant to provide information about the unrecorded oil and gas lease, unrecorded memorandum of oil and gas lease, or unrecorded agreement in accordance with subsection (6)(b.5)(III) of this section and the commission's applicable confidentiality procedures.

(I.7)  Mineral interests that are owned by a person that cannot be located

through reasonable diligence are excluded from the calculation described in subsection (6)(b)(I) of this section.

(II)  The pooling order must be made after notice and a hearing and must be

upon terms and conditions that are just and reasonable and that afford to the owner of each tract or interest in the drilling unit the opportunity to recover or receive, without unnecessary expense, a just and equitable share.

(b.5) (I)  At least sixty days before the first hearing date for which the

commission has provided notice, an unleased mineral interest owner of mineral interests proposed to be pooled by an application may file a protest of the application with the commission disputing the declaration in the affidavit provided by the applicant pursuant to subsection (6)(b)(I) of this section.

(II)  The commission shall resolve an unleased mineral interest owner's bona

fide protest to an application disputing the declaration in the affidavit provided by the applicant pursuant to subsection (6)(b)(I) of this section prior to entering a pooling order. The resolution process must protect the interests of an unleased mineral interest owner that has articulated a bona fide factual dispute concerning the declaration in the affidavit provided by the applicant pursuant to subsection (6)(b)(I) of this section and may include a stay of the application pending a determination made by a court.

(III)  The commission shall allow an unleased mineral interest owner that files

a bona fide protest to review, in a manner that protects confidential information, any unrecorded oil and gas lease, unrecorded memorandum of oil and gas lease, or unrecorded agreement the applicant is using to support the declaration in the affidavit, including the names of the parties to the unrecorded oil and gas lease, unrecorded memorandum of oil and gas lease, or unrecorded agreement; the date of the unrecorded oil and gas lease, unrecorded memorandum of oil and gas lease, or unrecorded agreement; the mineral acres subject to the unrecorded oil and gas lease, unrecorded memorandum of oil and gas lease, or unrecorded agreement; and the duration of the unrecorded oil and gas lease, unrecorded memorandum of oil and gas lease, or unrecorded agreement.

(c)  Operations incident to the drilling of a well upon any portion of a unit

covered by a pooling order shall be deemed for all purposes to be the conduct of operations upon each separately owned tract in the unit by the several owners of each separately owned tract. That portion of the production allocated or applicable to each tract included in a unit covered by a pooling order shall, when produced, be deemed for all purposes to have been produced from the tract by a well drilled on it.

(7) (a)  Each pooling order must:


(I)  Make provision for the drilling of one or more wells on the drilling unit, if

not already drilled, for the operation of the wells, and for the payment of the reasonable actual cost of the wells, including a reasonable charge for supervision and storage. Except as provided in subsection (7)(c) of this section, as to each nonconsenting owner who refuses to agree to bear a proportionate share of the costs and risks of drilling and operating the wells, the order must provide for reimbursement to the consenting owners who pay the costs of the nonconsenting owner's proportionate share of the costs and risks out of, and only out of, production from the unit representing the owner's interest, excluding royalty or other interest not obligated to pay any part of the cost thereof, if and to the extent that the royalty is consistent with the lease terms prevailing in the area and is not designed to avoid the recovery of costs provided for in subsection (7)(b) of this section. In the event of any dispute as to the costs, the commission shall determine the proper costs as specified in subsection (7)(b) of this section.

(II)  Determine the interest of each owner in the unit and provide that each

consenting owner is entitled to receive, subject to royalty or similar obligations, the share of the production from the wells applicable to the owner's interest in the wells and, unless the owner has agreed otherwise, a proportionate part of the nonconsenting owner's share of the production until costs are recovered and that each nonconsenting owner is entitled to own and to receive the share of the production applicable to the owner's interest in the unit after the consenting owners have recovered the nonconsenting owner's share of the costs out of production;

(III)  Specify that a nonconsenting owner is immune from liability for costs

arising from spills, releases, damage, or injury resulting from oil and gas operations on the drilling unit; and

(IV)  Prohibit the operator from using the surface owned by a nonconsenting

owner without permission from the nonconsenting owner.

(b)  Upon the determination of the commission, proper costs recovered by the

consenting owners of a drilling unit from the nonconsenting owner's share of production from such a unit shall be as follows:

(I)  One hundred percent of the nonconsenting owner's share of the cost of

surface equipment beyond the wellhead connections, including stock tanks, separators, treaters, pumping equipment, and piping, plus one hundred percent of the nonconsenting owner's share of the cost of operation of the well or wells commencing with first production and continuing until the consenting owners have recovered such costs. It is the intent that the nonconsenting owner's share of these costs of equipment and operation will be that interest that would have been chargeable to the nonconsenting owner had the owner initially agreed to pay the owner's share of the costs of the well or wells from the beginning of the operation.

(II)  Two hundred percent of that portion of the costs and expenses of

staking, well site preparation, obtaining rights-of-way, rigging up, drilling, reworking, deepening or plugging back, testing, and completing the well, after deducting any cash contributions received by the consenting owners, and two hundred percent of that portion of the cost of equipment in the well, including the wellhead connections.

(c) (I)  A nonconsenting owner of a tract in a drilling unit that is not subject to

any lease or other contract for oil and gas development shall be deemed to have a landowner's proportionate royalty of:

(A)  For a gas well, thirteen percent until the consenting owners recover, only

out of the nonconsenting owner's proportionate eighty-seven-percent share of production, the costs specified in subsection (7)(b) of this section; or

(B)  For an oil well, sixteen percent until the consenting owners recover, only

out of the nonconsenting owner's proportionate eighty-four-percent share of production, the costs specified in subsection (7)(b) of this section.

(II)  After recovery of the costs, the nonconsenting owner then owns his or her

full proportionate share of the wells, surface facilities, and production and then is liable for further costs as if the nonconsenting owner had originally agreed to drilling of the wells.

(d) (I)  The commission shall not enter an order pooling an unleased

nonconsenting mineral owner under subsection (6) of this section over protest of the owner unless the commission has received evidence that the unleased mineral owner has been tendered, no less than sixty days before the hearing, a reasonable offer, made in good faith, to lease upon terms no less favorable than those currently prevailing in the area at the time application for the order is made and that the unleased mineral owner has been furnished in writing the owner's share of the estimated drilling and completion cost of the wells, the location and objective depth of the wells, and the estimated spud date for the wells or range of time within which spudding is to occur. The offer must include a copy of or link to a brochure supplied by the commission that clearly and concisely describes the pooling procedures specified in this section and the mineral owner's options pursuant to those procedures.

(II)  During the period of cost recovery provided in this subsection (7), the

commission retains jurisdiction to determine the reasonableness of costs of operation of the wells attributable to the interest of the nonconsenting owner.

(e)  On and after January 1, 2025, if a drilling unit contains the mineral

interests of any unleased mineral interest owner that has rejected an offer to lease pursuant to subsection (7)(d)(I) of this section, an operator shall not drill or extract minerals from the drilling unit before a pooling order is entered by the commission.

(f) (I)  Notwithstanding any provision in this section to the contrary, the

commission shall not enter a pooling order that pools the mineral interests of an unleased mineral interest owner if:

(A)  The unleased mineral interest owner is a local government and the local

government has rejected an offer to lease pursuant to subsection (7)(d)(I) of this section; and

(B)  The minerals subject to the local government's unleased mineral

interests are located within the local government's geographic boundaries.

(II)  If a pooling order application proposes to pool mineral interests

described in subsection (7)(f)(I) of this section, the commission shall deny the application unless the applicant amends the application to no longer pool the mineral interests described in subsection (7)(f)(I) of this section.

(III)  Nothing in this subsection (7)(f) affects, limits, or expands a local

government's authority to lease, refuse to lease, voluntarily pool, or otherwise dispose of the local government's unleased mineral interests.

(8)  The operator of wells under a pooling order in which there is a

nonconsenting owner shall furnish the nonconsenting owner with a monthly statement of all costs incurred, together with the quantity of oil or gas produced, and the amount of proceeds realized from the sale of production during the preceding month. If the consenting owners recover the costs specified in subsection (7) of this section, the nonconsenting owner shall own the same interest in the wells and the production therefrom, and be liable for the further costs of the operation, as if the owner had participated in the initial drilling operations.

(9)  As used in this section, unless the context otherwise requires, local

government means a home rule or statutory county, city and county, or municipality.

Source: L. 51: p. 653, � 6. CSA: C. 118, � 68(6). L. 52: p. 130, �� 2, 3. L. 53: p.

443, �� 1, 2. CRS 53: � 100-6-4. L. 55: p. 651, � 4. C.R.S. 1963: � 100-6-4. L. 77: (7) and (8) amended, p. 1568, � 1, effective June 1. L. 81: (7)(c) R&RE, p. 1691, � 1, effective July 1. L. 88: (7)(d) added, p. 1216, � 1, effective April 4. L. 91: (2) amended, p. 1414, � 1, effective April 19. L. 2018: (1), (3), (7), and (8) amended, (SB 18-230), ch. 361, p. 2155, � 1, effective July 1. L. 2019: (1), (3), (6), (7)(a)(II), (7)(a)(III), (7)(c), and (7)(d)(I) amended and (7)(a)(IV) added, (SB 19-181), ch. 120, p. 517, � 14, effective April 16. L. 2024: (6)(b) amended and (6)(b.5), (7)(e), (7)(f), and (9) added, (SB 24-185), ch. 229, p. 1407, � 2, effective August 7.

Cross references: For the legislative declaration in SB 24-185, see section 1

of chapter 229, Session Laws of Colorado 2024.

C.R.S. § 34-60-118

34-60-118. Agreements for development and unit operations. (1) An agreement for repressuring or pressure maintenance operations, cycling or recycling operations, including the extraction and separation of liquid hydrocarbons from natural gas in connection therewith, or for carrying on any other methods of unit or cooperative development or operation of a field or pool or a part of either, is authorized and may be performed, and shall not be held or construed to violate any statutes relating to trusts, monopolies, or contracts and combinations in restraint of trade, if the agreement is approved by the commission as being in the public interest for conservation or is reasonably necessary to increase ultimate recovery or to prevent waste of oil or gas. Any such agreement entered into prior to July 1, 1951, for any such purpose is approved.

(2)  The commission upon the application of any interested person shall hold

a hearing to consider the need for the operation as a unit of one or more pools or parts thereof in a field.

(3)  The commission shall make an order providing for the unit operation of a

pool or part thereof if it finds that:

(a)  Such operation is reasonably necessary to increase the ultimate recovery

of oil or gas; and

(b)  The value of the estimated additional recovery of oil or gas exceeds the

estimated additional cost incident to conducting such operations.

(4)  The order shall be upon terms and conditions that are just and reasonable

and shall prescribe a plan for unit operations that shall include:

(a)  A description of the pool, or parts thereof, to be so operated, termed the

unit area, but only so much of a pool as has reasonably been defined and determined by drilling operations to be productive of oil or gas may be included within the unit area;

(b)  A statement of the nature of the operations contemplated;


(c)  An allocation to the separately owned tracts in the unit area of all the oil

and gas that is produced from the unit area and is saved, being the production that is not used in the conduct of operations on the unit area or not unavoidably lost. The allocation shall be in accord with the agreement, if any, of the interested parties. If there is no such agreement, the commission shall determine the relative value, from evidence introduced at the hearing, of the separately owned tracts in the unit area, exclusive of physical equipment, for development of oil and gas by unit operations. The commission shall require the production of or may itself produce such geological, engineering, or other evidence, at the hearing or at any continuance thereof, as may be required to protect the interests of all interested persons. The production allocated to each tract shall be the proportion that the relative value of each tract so determined bears to the relative value of all tracts in the unit area.

(d)  A provision for the credits and charges to be made in the adjustment

among the owners in the unit area for their respective investments in wells, tanks, pumps, machinery, materials, and equipment contributed to the unit operations;

(e)  A provision providing how the costs of unit operations, including capital

investments, shall be determined and charged to the separately owned tracts and how said costs shall be paid, including a provision providing when, how, and by whom the unit production allocated to an owner who does not pay the share of the cost of unit operations charged to such owner, or the interest of such owner, may be sold and the proceeds applied to the payment of such costs;

(f)  A provision, if necessary, for carrying or otherwise financing any person

who elects to be carried or otherwise financed, allowing a reasonable interest charge for such service payable out of such person's share of the production;

(g)  A provision for the supervision and conduct of the unit operations, in

respect to which each person shall have a vote with a value corresponding to the percentage of the costs of unit operations chargeable against the interest of such person;

(h)  The time when the unit operations shall commence, and the manner in

which, and the circumstances under which, the unit operations shall terminate; and

(i)  Such additional provisions that are found to be appropriate for carrying on

the unit operations, and for the protection of correlative rights.

(5)  No order of the commission providing for unit operations shall become

effective unless the plan for unit operations prescribed by the commission has been approved in writing by those persons who, under the commission's order, will be required to pay at least eighty percent of the costs of the unit operation, and also by the owners of at least eighty percent of the production or proceeds thereof that will be credited to interests which are free of cost, such as royalties, overriding royalties, and production payments, and the commission has made a finding, either in the order providing for unit operations or in a supplemental order, that the plan for unit operations has been so approved. If the plan for unit operations has not been so approved at the time the order providing for unit operations is made, the commission shall upon application and notice hold such supplemental hearings as may be required to determine if and when the plan for unit operations has been so approved. If the persons owning the required percentage of interest in the unit area do not approve the plan for unit operations within a period of six months from the date on which the order providing for unit operations is made, such order shall be ineffective and shall be revoked by the commission unless for good cause shown the commission extends said time.

(6)  An order providing for unit operations may be amended by an order made

by the commission in the same manner and subject to the same conditions as an original order providing for unit operations; but if such an amendment affects only the rights and interests of the owners, the approval of the amendment by the owners of royalty, overriding royalty, production payment, and other such interests which are free of costs shall not be required. No such order of amendment shall change the percentage for the allocation of oil and gas as established for any separately owned tract by the original order, except with the consent of all persons owning oil and gas rights in such tract, or change the percentage for the allocation of cost as established for any separately owned tract by the original order, except with the consent of all owners in such tract.

(7)  The commission, by an order, may provide for the unit operation of a pool,

or parts thereof, that embraces a unit area established by a previous order of the commission. Such order, in providing for the allocation of unit production, shall first treat the unit area previously established as a single tract, and the portion of the unit production so allocated thereto shall then be allocated among the separately owned tracts included in such previously established unit area in the same proportions as those specified in the previous order.

(8)  An order may provide for unit operations on less than the whole of a pool

where the unit area is of such size and shape as may be reasonably required for that purpose, and the conduct thereof will have no adverse effect upon other portions of the pool.

(9)  All operations, including, but not limited to, the commencement, drilling,

or operation of a well upon any portion of the unit area shall be deemed for all purposes the conduct of such operations upon each separately owned tract in the unit area by the several owners thereof. The portion of the unit production allocated to a separately owned tract in a unit area shall, when produced, be deemed, for all purposes, to have been actually produced from such tract by a well drilled thereon. Operations conducted pursuant to an order of the commission providing for unit operations shall constitute a fulfillment of all the express or implied obligations of each lease or contract covering lands in the unit area to the extent that compliance with such obligations cannot be had because of the order of the commission.

(10)  The portion of the unit production allocated to any tract, and the

proceeds from the sale thereof, shall be the property and income of the several persons to whom, or to whose credit, the same are allocated or payable under the order providing for unit operations.

(11)  No division order or other contract relating to the sale or purchase of

production from a separately owned tract shall be terminated by the order providing for unit operations, but shall remain in force and apply to oil and gas allocated to such tract until terminated in accordance with the provisions thereof.

(12)  Except to the extent that the parties affected so agree, no order

providing for unit operations shall be construed to result in a transfer of all or any part of the title of any person to the oil and gas rights in any tract in the unit area. All property, whether real or personal, that may be acquired in the conduct of unit operations under this article, shall be acquired for the account of the owners within the unit area, and shall be the property of such owners in the proportion that the expenses of unit operations are charged.

Source: L. 51: p. 660, � 12. CSA: C. 118, � 68(12). CRS 53: � 100-6-16. C.R.S.

1963: � 100-6-16. L. 65: p. 894, � 1.

C.R.S. § 35-11-102

35-11-102. Definitions. As used in this article 11, unless the context otherwise requires:

(1)  Chemical means any fertilizer or pesticide.


(2)  Chemigation means any process whereby chemicals are applied to land

or crops in or with water through a closed irrigation system. Chemigation does not mean any process whereby chemicals are applied to land or crops in or with water pumped from a stock watering well, a domestic well with a diameter of two inches or less, or from a tailwater collection pond.

(3)  Commissioner means the commissioner of agriculture.


(4)  Contamination means the degradation of natural water quality as a

result of human activities.

(5)  Department means the department of agriculture.


(6)  Fertilizer means any formulation or product used as a plant nutrient

which is intended to promote plant growth and contains one or more plant nutrients.

(7)  Groundwater means any water not visible on the surface of the ground

under natural conditions.

(8)  Irrigation system means any device or combination of devices having a

hose, pipe, or other conduit, which connects directly to any source of groundwater or surface water, through which water or a mixture of water and chemicals is drawn and applied for agricultural or horticultural purposes. Irrigation system does not include any hand-held hose sprayer or other similar device which is constructed so that an interruption in water flow automatically prevents any backflow to the water source and does not include stock water wells, any domestic well with a diameter of two inches or less, or a system which includes a tailwater collection pond.

(9)  Open discharge system means a system in which the water is pumped

or diverted directly into a ditch or canal in such a manner that the force of gravity at the point of discharge into the ditch or canal cannot cause water to flow back to the point from which the water was pumped or diverted.

(10)  Person means a natural person, corporation, business trust, estate,

trust, partnership, association, joint venture, or any other legal or commercial entity.

(11)  Pesticide means any substance or mixture of substances intended for

preventing, destroying, repelling, or mitigating any pest, insect, rodent, nematode, fungus, weed, or other form of plant or animal life or virus, except viruses on or in living humans or animals, and any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant.

(12)  Pollution means the human-made or human-induced alteration of the

physical, chemical, biological, or radiological integrity of water.

Source: L. 87: Entire article RC&RE, p. 1278, � 1, effective July 1. L. 88: (2) and

(8) amended, p. 1219, � 1, effective July 1. L. 2025: IP, (4), and (12) amended, (HB 25-1084), ch. 24, p. 106, � 51, effective August 6.

C.R.S. § 36-1-153

36-1-153. Investment and development fund. (1) There is hereby created the state board of land commissioners investment and development fund, referred to in this section as the fund. The fund shall consist of moneys credited to the fund pursuant to section 36-1-116 (1)(b)(II). Any balance in the fund at the close of a fiscal year and any interest earned on moneys in the fund shall remain in the fund and shall not revert to the permanent school fund. The fund is to be under the control of and to be administered by the state board of land commissioners. Moneys in the fund shall be continuously appropriated to the state board for the purposes set forth in this section.

(2) (a)  Money in the fund shall be used at the discretion of the state board of

land commissioners to hire staff, contract for services, make purchases, make annual payments on any financed purchase of an asset or certificate of participation agreements the state board instructed the state treasurer to enter into as allowed in section 36-1-118.5, and take such other actions as the state board deems appropriate to provide for the development of additional value-added benefit for the state's trust lands, including both portfolio enhancement and additional income. Such actions may include, but are not limited to, the rezoning, platting, master planning, or other development activities that increase the value of or rate of return from the state's trust lands. The state board of land commissioners may also use up to one million dollars per fiscal year of the money in the fund for asset maintenance, including, but not limited to, upkeep and replacement of buildings, agricultural sprinklers, fences, windmills, and water wells.

(b)  The state board of land commissioners shall notify the state treasurer in

writing of the amount that needs to be transferred from the investment and development fund to the state board of land commissioners financed fund created in section 36-1-118.5 (7), and no later than thirty days after receipt of such notification, the state treasurer shall transfer such sum to the state board of land commissioners financed fund created in section 36-1-118.5 (7).

(3)  The controller shall authorize disbursements from the fund as directed by

the state board of land commissioners on receipt of a voucher from the state board stating that the disbursement is to accomplish a purpose set forth in this section.

(4)  On or before November 1, 2011, and on or before each November 1

thereafter, the state board of land commissioners shall deliver information on the portfolio enhancement and additional income generated as a result of this section, including information detailing the use of the fund for asset maintenance, as specified in section 36-1-102 (8). Each report shall include estimates of the increase in portfolio enhancement and income for the then-current fiscal year and the five succeeding state fiscal years.

(5) and (6)  Repealed.


Source: L. 2005: Entire section added, p. 537, � 2, effective May 24. L. 2009:

(5) and (6) repealed, (SB 09-022), ch. 246, p. 1111, � 4, effective May 14. L. 2011: (4) amended, (SB 11-029), ch. 51, p. 133, � 2, effective August 10. L. 2013: (2) amended, (HB 13-1274), ch. 376, p. 2215, � 5, effective June 5. L. 2015: (2)(a) and (4) amended, (HB 15-1245), ch. 97, p. 277, � 2, effective April 13. L. 2021: (2) amended, (HB 21-1316), ch. 325, p. 2061, �75, effective July 1.

Cross references: For the legislative declaration in HB 15-1245, see section 1

of chapter 97, Session Laws of Colorado 2015.

C.R.S. § 37-60-134

37-60-134. Groundwater compact compliance and sustainability fund - creation - conservation district recommendations for expenditures - state engineer approval - legislative declaration - transfer - definitions - reports - notice to revisor of statutes - repeal. (1) The general assembly hereby:

(a)  Finds and determines that:


(I)  Groundwater well pumping in certain areas of the state provides the

principal source of irrigation water supply but consequently may reduce the quantity of groundwater in the aquifers and may impact the hydrogeology of connected surface streams, resulting in reduced streamflows that threaten senior water rights and the state's compliance with interstate compacts;

(II)  Groundwater use is extensive in four of the eight major river basins in

Colorado, namely the Rio Grande, Republican, Arkansas, and South Platte river basins, and such groundwater use is closely tied to the agricultural economy in those areas;

(III)  Previous United States supreme court litigation initiated in neighboring

states regarding compact compliance by the Rio Grande, Arkansas, and Republican river basins have involved complaints regarding the extent of groundwater use in those areas. Settlements of the lawsuits in the Rio Grande and Republican river basins resulted in the creation of water conservation districts to address groundwater management and conservation.

(IV)  Despite the conservation districts' and the state's diligent efforts to

implement strategies to reduce groundwater use, including the creation of six groundwater management subdistricts in the Rio Grande river basin and the use of various federal, state, and local funding sources to incentivize the purchase and retirement of irrigated acreage, extensive groundwater use in the Rio Grande and Republican river basins continues to threaten aquifer sustainability, senior water rights, and compact compliance;

(V)  As part of the efforts to reduce groundwater use, the state entered into a

stipulation with Kansas and Nebraska in 2016 in which the state agreed to retire twenty-five thousand acres of irrigated acreage in the Republican river basin by 2029, and, pursuant to standards for groundwater management set forth in section 37-92-501 (4), the groundwater management subdistrict number 1 created in the Rio Grande water conservation district is required to retire forty thousand acres of irrigated acreage by 2029;

(VI)  To date, only about three thousand acres have been retired in the

Republican river basin and only about thirteen thousand acres have been retired in the Rio Grande river basin; and

(VII)  If the acreage retirement requirements in the Rio Grande and

Republican river basins are not met, the state might be required to mandate groundwater use reductions for productive farmland in the basins to achieve compact compliance, thus threatening the agricultural economies in the river basins; and

(b)  Declares that:


(I)  Greater funding is needed to incentivize the retirement of irrigation wells

and irrigated acreage to comply with the groundwater use reduction requirements;

(II)  To accelerate the state's progress in retiring irrigated acreage in the

Republican and Rio Grande river basins in order to meet state-mandated deadlines, a state fund should be created to provide financial incentives and assistance for the buying and retiring of irrigation wells and irrigated acreage in the basins;

(III)  Such use of state money would also help promote conservation and

sustainability of groundwater resources in furtherance of the state water plan developed pursuant to section 37-60-106.3; and

(IV)  The board should administer the fund and distribute money from the

fund based on recommendations of the board of directors of the Rio Grande water conservation district appointed pursuant to section 37-48-103 or the board of directors of the Republican river water conservation district appointed pursuant to section 37-50-104, which recommendations the state engineer should first review.

(2)  The general assembly further finds and declares that:


(a)  This section is intended to respond to the negative economic impacts

caused by the COVID-19 pandemic and resulting public health emergency by providing financial incentives for the voluntary retirement of irrigated acreage and wells in order to maintain interstate compact compliance and for the promotion of conservation and sustainability of groundwater resources in furtherance of the state water plan;

(b)  Money allocated to the state pursuant to the American Rescue Plan Act

of 2021 and transferred to the groundwater compact compliance and sustainability fund created in subsection (3)(a) of this section may be used for the purposes of this section; and

(c)  The compact compliance, groundwater resource sustainability, and

groundwater conservation purposes described in this section are important government services.

(3) (a)  The groundwater compact compliance and sustainability fund is

hereby created in the state treasury and consists of money that the general assembly may appropriate or transfer to the fund; money that the state may receive from federal sources, including federal sources of stimulus funding or recovery funding; and any gifts, grants, or donations that the board seeks, accepts, and expends for the purposes set forth in this section. The money in the fund is subject to annual appropriation by the general assembly.

(b)  The board shall administer the fund to implement the groundwater

compact compliance and sustainability purposes established in accordance with this section. The board may use up to five percent of the money annually appropriated to the fund to pay the board's direct and indirect costs, as well as the direct and indirect costs incurred by the Rio Grande water conservation district, the Republican river water conservation district, and the state engineer in implementing this section.

(4)  The board may disburse money from the fund for purposes related to

compact compliance and groundwater resource sustainability and conservation, including the financing of programs directed at buying and retiring irrigated acreage to reduce groundwater use. The board of directors of the Rio Grande water conservation district and the board of directors of the Republican river water conservation district, in collaboration with the board and the state engineer, may each establish eligibility and application criteria for disbursement of money from the fund. Each board of directors shall post on its website any criteria established pursuant to this subsection (4).

(5)  The board shall disburse money from the fund based on

recommendations from the board of directors of either the Rio Grande water conservation district or the Republican river water conservation district, which recommendations must first be approved by the state engineer.

(6)  If all groundwater reduction requirements established by federal or state

court order or stipulation have been met and all statutorily mandated groundwater reduction standards have been achieved, this section will be repealed; except that this section shall not be repealed before January 1, 2025. The board shall notify the revisor of statutes in writing of the date when the conditions specified in this subsection (6) have occurred by emailing the notice to [email protected]. The board shall also send a copy of the notice to the state treasurer who, within three days after receiving the notice, shall transfer any money remaining in the fund to the general fund. This section is repealed, effective upon the date identified in the notice or, if the notice does not specify that date, upon the date of the notice to the revisor of statutes.

(7) (a)  For the 2022-23 state fiscal year, the general assembly shall

appropriate to the fund sixty million dollars from the economic recovery and relief cash fund created in section 24-75-228 (2)(a). The board may use the money appropriated for the purposes set forth in this section. Except as provided in subsection (7)(b) of this section, any money appropriated to the fund in the 2022-23 state fiscal year that is unobligated or unexpended at the end of the state fiscal year remains available for expenditure by the board in subsequent state fiscal years without further appropriation, subject to the requirements for obligating and expending money received under the American Rescue Plan Act of 2021, as specified in section 24-75-226 (4)(d).

(b)  On August 15, 2024, if there is unobligated or unencumbered money in

the fund, the state treasurer shall:

(I)  If the amount of unobligated or unencumbered money is twenty million

dollars or less, transfer all of the unobligated money to the water plan implementation account; or

(II)  If the amount of unobligated or unencumbered money is greater than

twenty million dollars, transfer to the water plan implementation account twenty million dollars.

(8) (a)  The board and any person that receives money from the board

pursuant to this section or section 37-60-123.3 (3) shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).

(b)  Commencing in 2023, and for each year thereafter through 2027, as part

of its annual presentations to the general assembly under the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act, part 2 of article 7 of title 2, the department of natural resources shall report on how much money the board has expended under this section and if the board expects to expend the full sixty million dollars for the purposes set forth in this section or, if money is transferred to the water plan implementation account in 2024, if the board is on track to expend the full sixty million dollars for the purposes set forth in this section and the purposes set forth in section 37-60-123.3 (3).

(9)  As used in this section, unless the context otherwise requires:


(a)  American Rescue Plan Act of 2021 means the federal American

Rescue Plan Act of 2021, Pub.L. 117-2, as the act may be subsequently amended.

(b)  COVID-19 means the coronavirus disease caused by the severe acute

respiratory syndrome coronavirus 2, also known as SARS-CoV-2.

(c)  Fund means the groundwater compact compliance and sustainability

fund created in subsection (3)(a) of this section.

(d)  Water plan implementation account means the water plan

implementation account created in section 37-60-123.3 (3)(b).

Source: L. 2022: Entire section added, (SB 22-028), ch. 211, p. 1396, � 1,

effective May 23. L. 2024: (7)(b) amended, (HB 24-1466), ch. 429, p. 2947, � 46, effective June 5.

Cross references: For the legislative declaration in HB 24-1466, see section 1

of chapter 429, Session Laws of Colorado 2024.

C.R.S. § 37-80-102

37-80-102. General duties of state engineer - supervision and utilization of employees - satellite and telemetry-based monitoring systems. (1) The state engineer is the executive officer in charge of supervising the work of all division engineers and may direct their supervision of their employees. The state engineer has executive responsibility and authority with respect to:

(a)  Discharge of the obligations of the state of Colorado imposed by compact

or judicial order on the office of the state engineer;

(b)  Securing and implementing legal opinions and assistance regarding the

work within his or her jurisdiction;

(c)  Coordinating the work of the division of water resources with other

departments of the state government, including executive departments, the general assembly, educational institutions, and also related local government authorities and municipal and quasi-municipal corporations, subject to the provisions of subsection (6) of this section;

(d)  The supervision of employees in the office of the division of water

resources, together with defining their duties so that all obligations of the division of water resources will be efficiently discharged;

(e)  Construction contracts, professional and technical consultants, and other

contracts related to the operation of the division of water resources;

(f)  The keeping and preparation of records and investigations as related to

carrying out the functions of the division of water resources, including water well licensing;

(g)  Rule-making for the division of water resources;


(h)  General supervisory control over measurement, record keeping, and

distribution of the public waters of the state;

(i)  Collection and distribution of data on snowfall and prediction of probable

runoff therefrom;

(j)  The making and implementing of contracts with public and private

agencies, individuals, corporations, and other entities as necessary for the operation of the division of water resources and performance of the duties of the state engineer's office;

(k)  Such other acts as may be reasonably necessary to enable the state

engineer to secure the effective and efficient operation of the division of water resources, including power and authority to make and enforce rules as he or she may find necessary to effectuate the performance of his or her duties. The making of rules is not a prerequisite to control of personnel of the division of water resources or the performance of the state engineer's duties under the constitution or laws of Colorado or any compact, treaty, or judicial decree or decision that does not, by its specific terms, require implementation by rule.

(l)  Receiving and expending grants and distributions of money, property, and

equipment from the Colorado water conservation board, another entity, or an individual for use in making investigations, contracting projects, or otherwise carrying out the purposes of this article 80. The grants and distributions from the Colorado water conservation board are continuously appropriated to the state engineer for the purposes set forth in this section.

(2)  The state engineer has authority to delegate to any other person the

obligation to discharge one or more portions of the duties imposed upon him, but no such delegation shall relieve the state engineer of ultimate responsibility for proper and efficient conduct of his office or the duties devolving upon him. The state engineer may reassign or delegate duties and responsibilities as he may find necessary or desirable.

(3)  In addition to statutory duties devolving upon division engineers and

others who are within the general supervision of the state engineer, their duties may be enlarged by the state engineer who shall collaborate with those having statutory duties so as to provide sufficient ancillary assistance to them so as to enable them to efficiently discharge their duties and obligations as state officers or employees. Insofar as reasonably possible, duties and lines of authority shall be established in written form and related to particular offices or employment.

(4)  Employees within each general classification shall be deployed by the

state engineer to work in such locations and according to patterns of accomplishment to be established from time to time by the state engineer. The state engineer shall avoid unnecessary or unreasonable changes in location of the place of performance of duties of those under his authority, but, within limits of the exercise of reasonable judgment, he has full, final, and complete authority to require persons within the division of water resources, temporarily or on a basis of relative permanence, to perform their duties in those areas which the state engineer finds necessary or desirable for the most efficient or effective operation and discharge of the functions under his authority.

(5)  To such extent as is reasonably necessary to keep employees of the

division of water resources abreast of developments and knowledge in the field of their duties, the state engineer has authority to make necessary arrangements for educational opportunities and experiences for the various employees in the division of water resources including himself, in order that all personnel of the division of water resources may be qualified to effectively meet their responsibilities.

(6) (a)  The state engineer and those under his supervision shall be subject to

the direction of the executive director of the department of natural resources with respect to those matters concerning the division of water resources which require coordination with other branches of the department of natural resources.

(b)  Repealed.


(7)  Under the control and direction of the state engineer, and in cooperation

with the Colorado water conservation board, there shall be a water supply section, which has the duty to collect and study data and distribute such information on the water supplies, both surface and groundwater, of the state of Colorado in order to make a more efficient administration of the uses thereof. The state engineer shall employ such hydrologists and hydraulic engineers as are necessary to determine sources of water supply, forecast runoff, define characteristics and amounts of return flows, and determine diversion requirements, transmission losses, evaporation losses, historic usage, and general stream regimen.

(8)  The state engineer shall use in all his calculations, measurements,

records, and reports the cubic foot per second as the unit of measurement of flowing water and the cubic foot or acre-foot as the unit of measurement of volume.

(9)  Repealed.


(10)  The state engineer is authorized to accept, operate, and house in

suitable locations automated data processing equipment and programs associated with satellite or telemetry-based monitoring systems dedicated to the state of Colorado for operation and use by the Colorado state engineer. The state engineer shall use new technology that becomes available if the technology:

(a)  Can accomplish the same functions for which the state engineer uses

satellite or telemetry-based monitoring systems; and

(b)  Is more cost-effective than satellite or telemetry-based monitoring

systems with respect to any costs borne by:

(I)  The state engineer;


(II)  Program donors; and


(III)  Water users.


Source: L. 1889: p. 372, � 2. R.S. 08: � 3322. C.L. � 1804. CSA: C. 90, � 203.

CRS 53: � 147-11-3. C.R.S. 1963: � 148-11-3. L. 64: p. 178, � 156. L. 69: p. 1192, � 2. L. 77: (6)(b) repealed, p. 289, � 69, effective June 29. L. 83: (9) added, p. 1405, � 1, effective June 1. L. 84: (10) added, p. 960, � 1, effective April 2; (9) repealed, p. 969, � 13, effective April 30. L. 88: (10) amended, p. 1433, � 20, effective June 11. L. 2012, 1st Ex. Sess.: IP(1) amended and (1)(l) added, (SB 12S-002), ch. 1, p. 2420, � 18, effective May 19. L. 2017: (1)(b), (1)(j), (1)(k), (1)(l), and (10) amended, (SB 17-026), ch. 47, p. 140, � 2, effective August 9.

Cross references: For the state engineer as head of the division of water

resources, see �� 24-1-124 (3)(a) and 24-33-104 (1)(e); for fees collected by state engineer, see � 37-80-110; for compensation of state engineer, see � 37-80-113; for powers of the state engineer to enforce laws concerning groundwater, see � 37-90-110; for duty of state engineer to appoint water division engineers, see � 37-92-202.

C.R.S. § 37-80-122

37-80-122. South Platte river alluvial aquifer groundwater monitoring network. (1) The state engineer shall, as specified in this section, design and operate a tributary groundwater monitoring network in the South Platte river alluvial aquifer, referred to in this section as the monitoring network. The objective of the monitoring network is to:

(a)  Provide accurate groundwater level data to be used in scientific

investigations, analyses, and decision-making;

(b)  Increase the public's understanding of and access to data regarding the

movement of tributary groundwater in the South Platte river alluvial aquifer; and

(c)  Assist in water planning.


(2)  The monitoring network consists of the following components:


(a) (I)  The following groundwater wells to be used for monitoring

groundwater levels with the goal of identifying ambient groundwater conditions, or the effects of natural, climatic-related hydrologic stresses, and anthropogenic influences on the aquifer:

(A)  The existing division of water resources groundwater monitoring

network, the addition of data loggers on up to twenty existing wells in the network, and up to ten wells to be added to the network in areas where there are data gaps, as more definitively described in the recommendations of the technical committee of the South Platte basin roundtable dated November 18, 2014, and as modified on November 21, 2014;

(B)  Wells that are part of an independent monitoring network and owned by

qualified parties other than the division of water resources who submit their groundwater monitoring data to the monitoring network. The division of water resources, the metro roundtable, the South Platte basin roundtable, and the Colorado water conservation board shall cooperatively lead the effort to recruit these qualified parties and provide them with a clear understanding of the benefits to the qualified parties of providing data to motivate their participation.

(C)  Additional wells that have been designated by the state engineer to be

part of the monitoring network.

(II)  In designating wells to be part of the network, including new wells and

the addition of data loggers, the state engineer, in consultation with the Colorado water conservation board and after soliciting and considering public input, shall attempt to:

(A)  Provide good geographic, hydrogeologic, and temporal coverage of the

South Platte river alluvial aquifer, including: Wells that monitor groundwater that is relatively free of land use, diversion, and recharge effects; wells with high water conditions and those that show strong trends in water level change since 2003; and wells that demonstrate the effects of diversion structures;

(B)  Include wells in areas that exhibit short-term responses to human-induced activities in the aquifer and areas that show long-term trends as a result of

the same activities;

(C)  Include as many wells as possible that have a long, uninterrupted history

of data;

(D)  Optimize the collection of continuous data as opposed to twice-yearly or

other periodic data; and

(E)  Consider not only the up-front costs of designating or adding the wells

but also the long-term cost of maintaining them as part of the monitoring network;

(b)  Data analysis standards and protocols. The state engineer, in

consultation with the Colorado water conservation board and after soliciting and considering public input, shall develop and publish one or more protocols for groundwater level data measurement, data collection, and data entry, and shall attempt to automate, where practical, the process of collecting groundwater-level data and uploading it to the division of water resources' website. The state engineer shall enter and upload the data within thirty days after receiving it.

(c)  Dissemination of the monitoring data. The division of water resources

shall make the data available on its website and otherwise as specified by the state engineer.

(3)  In the design and operation of the monitoring network, the state engineer

shall consider and be guided by:

(a)  The Report to the Colorado Legislature: HB12-1278 Study of the South

Platte River Alluvial Aquifer, dated December 31, 2013, prepared by the Colorado Water Institute; and

(b)  The recommendations of the technical committee of the South Platte

basin roundtable dated November18, 2014, and as modified on November 21, 2014.

(4)  The revenues to pay the costs of implementing this section are payable

from the Colorado water conservation board construction fund as specified in section 37-60-121 (1)(b)(II); except that, if revenues in the Colorado water conservation board construction fund are insufficient to meet all other lawful uses of the fund, the revenues to pay the costs of implementing this section are payable from the general fund. If the United States geological survey discontinues funding of groundwater monitoring for one or more wells that are part of the monitoring network, the cost of operating and maintaining such wells may be paid from one or both of the funds, and in the manner, specified in this subsection (4).

Source: L. 2015: Entire section added, (HB 15-1166), ch. 302, p. 1243, � 1,

effective June 5.

C.R.S. § 37-90-103

37-90-103. Definitions - rules. As used in this article 90, unless the context otherwise requires:

(1)  Alternate point of diversion well means any well drilled and used, in

addition to an original well or other diversion, for the purpose of obtaining the present appropriation of that original well, from more than one point of diversion.

(2)  Aquifer means a formation, group of formations, or part of a formation

containing sufficient saturated permeable material that could yield a sufficient quantity of water that may be extracted and applied to a beneficial use.

(3)  Artesian well means a well tapping an aquifer in which the static water

level in the well rises above where it was first encountered in the aquifer, due to hydrostatic pressure.

(3.5)  Bedrock aquifer means a designated basin bedrock aquifer.


(4)  Board or board of directors means the board of directors of a ground

water management district as organized under section 37-90-124.

(5)  Colorado water conservation board refers to the board created in

section 37-60-102.

(5.5)  Designated basin bedrock aquifer means a designated groundwater

aquifer defined as a bedrock aquifer pursuant to rules adopted by the ground water commission, where water is allocated on the basis of ownership of the overlying land and the available groundwater volume beneath the overlying land.

(6) (a)  Designated groundwater means that groundwater which in its

natural course would not be available to and required for the fulfillment of decreed surface rights, or groundwater in areas not adjacent to a continuously flowing natural stream wherein groundwater withdrawals have constituted the principal water usage for at least fifteen years preceding the date of the first hearing on the proposed designation of the basin, and which in both cases is within the geographic boundaries of a designated groundwater basin. Designated groundwater shall not include any groundwater within the Dawson-Arkose, Denver, Arapahoe, or Laramie-Fox Hills formation located outside the boundaries of any designated groundwater basin that was in existence on January 1, 1983.

(b) (I)  However, designated groundwater may include any groundwater in

the Crow Creek drainage area in Weld county, upstream from the confluence of Crow Creek and Little Crow Creek, within the Laramie-Fox Hills formation located outside such boundaries when the Laramie-Fox Hills formation is not overlaid by the Dawson-Arkose, Denver, or Arapahoe formations.

(II)  If, upon receipt by the state engineer of the findings of the Laramie-Fox

Hills study, as authorized by Senate Bill 250, 1985 legislative session, that the upper Crow Creek drainage area in Weld county, upstream from the confluence of Crow Creek and Little Crow Creek, within the Laramie-Fox Hills formation when the Laramie-Fox Hills formation is not overlaid by the Dawson-Arkose, Denver, or Arapahoe formations should not be a designated groundwater basin, this paragraph (b) is repealed.

(7)  Designated groundwater basin means that area established by the

ground water commission in accordance with section 37-90-106.

(8)  Ground water commission or commission refers to the ground water

commission created and provided for in section 37-90-104 to facilitate the functioning of this article.

(9)  Ground water management district or district means any district

organized under the provisions of this article.

(10)  Historical water level means the average elevation of the groundwater

level in any area before being lowered by the activities of man, as nearly as can be determined from scientific investigation and available facts.

(10.5)  Nontributary groundwater means that groundwater, excluding

designated groundwater, the withdrawal of which will not, within one hundred years of continuous withdrawal, deplete the flow of a natural stream, including a natural stream as defined in sections 37-82-101 (2) and 37-92-102 (1)(b), at an annual rate greater than one-tenth of one percent of the annual rate of withdrawal. The determination of whether groundwater is nontributary shall be based on aquifer conditions existing at the time of permit application; except that, in recognition of the de minimis amount of water discharging from the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers into surface streams due to artesian pressure, when compared with the great economic importance of the groundwater in those aquifers, and the feasibility and requirement of full augmentation by wells located in the tributary portions of those aquifers, it is specifically found and declared that, in determining whether groundwater of the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers is nontributary, it shall be assumed that the hydrostatic pressure level in each such aquifer has been lowered at least to the top of that aquifer throughout that aquifer; except that not nontributary groundwater, as defined in subsection (10.7) of this section, in the Denver basin shall not become nontributary groundwater as a result of the aquifer's hydrostatic pressure level dropping below the alluvium of an adjacent stream due to Denver basin well pumping activity. Nothing in this subsection (10.5) precludes the designation of any aquifer or basin, or any portion of an aquifer or basin, that is otherwise eligible for designation under the standard set forth in subsection (6) of this section relating to groundwater in areas not adjacent to a continuously flowing natural stream wherein groundwater withdrawals have constituted the principal water usage for at least fifteen years preceding the date of the first hearing on the proposed designation of a basin.

(10.7)  Not nontributary groundwater means groundwater located within

those portions of the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers that are outside the boundaries of any designated groundwater basin in existence on January 1, 1985, the withdrawal of which will, within one hundred years, deplete the flow of a natural stream, including a natural stream as defined in sections 37-82-101 (2) and 37-92-102 (1)(b), at an annual rate of greater than one-tenth of one percent of the annual rate of withdrawal.

(10.9)  Oil and gas well means a well permitted by the energy and carbon

management commission created in section 34-60-104.3 (1) or a well authorized by a federal or tribal entity for the primary purpose of mining, including exploration or production, of petroleum products.

(11)  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, making a beneficial use, or taking steps, or doing work preliminary to making a beneficial use of designated underground waters of Colorado.

(12)  Private driller means any individual, corporation, partnership,

association, political subdivision, or public agency which operates as lessee or owner its own well drilling rig and equipment and which digs, drills, redrills, cases, recases, deepens, or excavates a well upon the property of such entity.

(12.5)  Quarter-quarter means a fourth of a fourth of a section of land and is

equal to approximately forty acres.

(12.7)  Replacement plan means a detailed program to increase the supply

of water available for beneficial use in a designated groundwater basin or portion thereof for the purpose of preventing material injury to other water rights by the development of new points of diversion, by pooling of water resources, by water exchange projects, by providing substitute supplies of water, by the development of new sources of water, or by any other appropriate means consistent with the rules adopted by the commission. Replacement plan does not include the salvage of designated groundwater by the eradication of phreatophytes, nor does it include the use of precipitation water collected from land surfaces that have been made impermeable, thereby increasing the runoff, but not adding to the existing supply of water.

(13)  Replacement well means a new well which replaces an existing well

and which shall be limited to the yield of the original well and shall take the date of priority of the original well, which shall be abandoned upon completion of the new well.

(14)  Resident agriculturist means a bona fide farmer or rancher residing in

the designated groundwater basin whose major source of income is derived from the production and sale of agricultural products.

(15)  State engineer means the state engineer of Colorado or any person

deputized by him in writing to perform a duty or exercise a right granted in this article.

(16)  Subdivision means an area within a groundwater basin.


(17)  Supplemental well means any well drilled and used, in addition to an

original well or other diversion, for the purpose of obtaining the quantity of the original appropriation of the original well, which quantity can no longer be obtained from the original well.

(18)  Taxpaying elector means a person qualified to vote at general

elections in Colorado, who owns real or personal property within the district and has paid ad valorem taxes thereon in the twenty months immediately preceding a designated time or event, which property is subject to taxation at the time of any election held under the provisions of this article or at any other time in reference to which the term taxpaying elector is used. A person who is obligated to pay taxes under a contract to purchase real property in the district shall be considered an owner. The ownership of any property subject to the payment of a specific ownership tax on a motor vehicle or trailer or of any other excise or property tax other than general ad valorem property taxes shall not constitute the ownership of property subject to taxation as provided in this article.

(19)  Underground water and groundwater are used interchangeably in

this article and mean any water not visible on the surface of the ground under natural conditions.

(20)  Waste means causing, suffering, or permitting any well to discharge

water unnecessarily above or below the surface of the ground.

(21) (a)  Well means any structure or device used for the purpose or with the

effect of obtaining groundwater for beneficial use from an aquifer. Well includes an augmentation well that diverts groundwater tributary to the South Platte river and delivers it to a surface stream, ditch, canal, reservoir, or recharge facility to replace out-of-priority stream depletions, or to meet South Platte river compact obligations, either directly or by recharge accretions, as part of a plan for augmentation approved by the water judge for water division 1 or a substitute water supply plan approved pursuant to section 37-92-308.

(b)  Well does not include a naturally flowing spring or springs where the

natural spring discharge is captured or concentrated by installation of a near-surface structure or device less than ten feet in depth located at or within fifty feet of the spring or springs' natural discharge point and the water is conveyed directly by gravity flow or into a separate sump or storage, if the owner obtains a water right for such structure or device as a spring pursuant to article 92 of this title.

(22)  Well driller means any individual, corporation, partnership, association,

political subdivision, or public agency which digs, drills, cases, recases, deepens, or excavates a well either by contract or for hire or for any consideration whatsoever.

Source: L. 65: R&RE, p. 1246, � 1. C.R.S. 1963: � 148-18-2. L. 67: p. 275, �� 1, 2.

L. 71: p. 1311, � 1. L. 83: (6) amended, p. 1414, � 1, effective May 23. L. 85: (6) amended, p. 1170, � 1, effective July 1; (10.5) added, p. 1161, � 2, effective July 1. L. 92: (12.5) added and (13) amended, p. 2297, � 1, effective March 19. L. 95: (21) amended, p. 139, � 1, effective April 7. L. 96: (10.5) amended and (10.7) added, p. 1360, � 1, effective June 1. L. 98: (12.7) added, p. 1212, � 2, effective August 5. L. 2003: (21)(a) amended, p. 1453, � 2, effective April 30. L. 2009: (10.5) amended and (10.9) added, (HB 09-1303), ch. 390, p. 2107, � 1, effective June 2. L. 2023: IP and (10.9) amended, (SB 23-285), ch. 235, p. 1257, � 38, effective July 1. L. 2025: (3.5) and (5.5) added, (HB 25-1014), ch. 388, p. 2188, � 8, effective August 6; (10.5) amended, (HB 25-1165), ch. 257, p. 1302, � 9, effective August 6.

Editor's note: (1)  The upper Crow Creek drainage area is a designated

groundwater basin (see rule 5.2.9 of the ground water commission, 2 CCR 410-1). Therefore, subsection (6)(b) is not repealed.

(2)  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 authorization by Senate Bill 85-250 as

specified in subsection (6)(b)(II) of this section, see p. 1452 and footnote 70 on p. 1487 of the 1985 general appropriation act, chapter 344, Session Laws of Colorado 1985.

(2)  For the legislative declaration in HB 25-1165, see section 1 of chapter

257, Session Laws of Colorado 2025.

C.R.S. § 37-90-107

37-90-107. Application for use of groundwater - publication of notice - conditional permit - hearing on objections - well permits - rules. (1) Any person desiring to appropriate groundwater for a beneficial use in a designated groundwater basin shall make application to the commission in a form to be prescribed by the commission. The applicant shall specify the particular designated groundwater basin or subdivision thereof from which water is proposed to be appropriated, the beneficial use to which it is proposed to apply such water, the location of the proposed well, the name of the owner of the land on which such well will be located, the estimated average annual amount of water applied for in acre-feet, the estimated maximum pumping rate in gallons per minute, and, if the proposed use is irrigation, the description of the land to be irrigated and the name of the owner thereof, together with such other reasonable information as the commission may designate on the form prescribed. The amount of water applied for shall only be utilized on the land designated on the application. The place of use shall not be changed without first obtaining authorization from the ground water commission.

(2)  Upon the filing of such application, a preliminary evaluation shall be

made to determine if the application may be granted. If the application can be given favorable consideration by the ground water commission under existing policies, then, within thirty days, the application shall be published.

(3)  After the expiration of the time for filing objections, if no such objections

have been filed, the commission shall, if it finds that the proposed appropriation will not unreasonably impair existing water rights from the same source and will not create unreasonable waste, grant the said application, and the state engineer shall issue a conditional permit to the applicant within forty-five days after the expiration of the time for filing objections or within forty-five days after the hearing provided for in subsection (4) of this section to appropriate all or a part of the waters applied for, subject to such reasonable conditions and limitations as the commission may specify.

(4)  If objections have been filed within the time in said notice specified, the

commission shall set a date for a hearing on the application and the objections thereto and shall notify the applicants and the objectors of the time and place. Such hearing shall be held in the designated groundwater basin and within the district, if one exists, in which the proposed well will be located or at such other place as may be designated by the commission for the convenience of, and as agreed to by, the parties involved. If after such hearing it appears that there are no unappropriated waters in the designated source or that the proposed appropriation would unreasonably impair existing water rights from such source or would create unreasonable waste, the application shall be denied; otherwise, it shall be granted in accordance with subsection (3) of this section. The commission shall consider all evidence presented at the hearing and all other matters set forth in this section in determining whether the application should be denied or granted.

(5)  In ascertaining whether a proposed use will create unreasonable waste or

unreasonably affect the rights of other appropriators, the commission shall take into consideration the area and geologic conditions, the average annual yield and recharge rate of the appropriate water supply, the priority and quantity of existing claims of all persons to use the water, the proposed method of use, and all other matters appropriate to such questions. With regard to whether a proposed use will impair uses under existing water rights, impairment shall include the unreasonable lowering of the water level, or the unreasonable deterioration of water quality, beyond reasonable economic limits of withdrawal or use. If an application for a well permit cannot otherwise be granted pursuant to this section, a well permit may be issued upon approval by the ground water commission of a replacement plan that meets the requirements of this article and the rules adopted by the commission. A replacement plan shall not be used as a vehicle for avoiding limitations on existing wells, including but not limited to restrictions on change of well location. Therefore, before approving any replacement plan that includes existing wells, the commission shall require independent compliance with all rules governing those existing wells in addition to compliance with any guidelines or rules governing replacement plans.

(5.5)  A person withdrawing water from a well pursuant to subsection (3) of

this section may use graywater through 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, or in the provisions of any approved replacement plan, apply to the use of graywater.

(6) (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 designated groundwater to the atmosphere unless the person has obtained a well permit from the ground water commission. If an application for such a well permit cannot otherwise be granted pursuant to this section, a well permit shall be issued upon approval by the ground water commission of a replacement plan that meets the requirements of this article 90, pursuant to the guidelines or rules adopted by the commission. The well permit and replacement plan 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 submit a replacement plan prior to July 15, 1990.

(b)  If any designated 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 or replacement plan shall be required to replace depletions from evaporation; except that the burden of proving that such designated groundwater was exposed prior to January 1, 1981, shall be upon the party claiming the benefit of this exception.

(c)  Any person who has reactivated or reactivates open mining operations

which exposed designated 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 replacement plan or a plan of substitute supply pursuant to paragraph (a) of this subsection (6).

(d)  In addition to the well permit filing fee required by section 37-90-116, the

commission 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 (6), 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 who 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.

(e)  Excluding the well permit filing fee required by section 37-90-116 (2), the

state treasurer shall credit all fees collected with a replacement plan to the water resources cash fund created in section 37-80-111.7 (1).

(f)  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 replacement plan for the entire acreage covered by the reclamation plan without regard to the number of gravel pit lakes located within such acreage.

(g)  Notwithstanding the amount specified for any fee in paragraph (d) of this

subsection (6), 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.

(7) (a)  The commission shall allocate, upon the basis of the ownership of the

overlying land, any designated groundwater contained in bedrock aquifers. Permits issued pursuant to this subsection (7) must allow withdrawals on the basis of an aquifer life of one hundred years. The commission shall adopt the necessary rules to carry out this subsection (7).

(b)  Any right to the use of groundwater entitling its owner or user to

construct a well, which right was initiated prior to November 19, 1973, as evidenced by a current decree, well registration statement, or an unexpired well permit issued prior to November 19, 1973, shall not be subject to the provisions of paragraph (a) of this subsection (7).

(c) (I) (A) and (B)  Repealed.


(C)  Rights to designated groundwater in bedrock aquifers to be allocated

pursuant to subsection (7)(a) of this section must be determined in accordance with this section. A person desiring to obtain such a determination shall make application to the commission in a form to be prescribed by the commission. A fee of sixty dollars shall be submitted with the application for each aquifer, which sum shall not be refunded. The application must also include a request for approval of a replacement plan if one is required under commission rules to replace any depletions caused due to withdrawal of groundwater from bedrock aquifers.

(II)  The publication and hearing requirements of this section shall also apply

to an application for determination of water rights pursuant to this subsection (7).

(III)  Any such commission approved determination shall be considered a final

determination of the amount of groundwater so determined; except that the commission shall retain jurisdiction for subsequent adjustment of such amount to conform to the actual local aquifer characteristics from adequate information obtained from well drilling or test holes.

(d) (I) (A) and (B)  Repealed.


(C)  A person desiring a permit for a well to withdraw groundwater for a

beneficial use from a bedrock aquifer shall make application to the commission on a form to be prescribed by the commission. A fee of one hundred dollars shall be submitted with the application, which sum shall not be refunded.

(II)  A well permit shall not be granted unless a determination of groundwater

to be withdrawn by the well has been made pursuant to paragraph (c) of this subsection (7).

(III)  The application for a well permit must also include a replacement plan if

one is required under commission rules to replace any depletions caused due to withdrawal of groundwater from a bedrock aquifer and the required plan has not been approved pursuant to subsection (7)(c) of this section. The publication and hearing requirements of this section apply to an application for such a replacement plan.

(IV)  The annual amount of withdrawal allowed in any well permits issued

under this subsection (7) shall be less than or equal to the amount determined pursuant to paragraph (c) of this subsection (7) and may, if so provided by any such determination, provide for the subsequent adjustment of such amount to conform to the actual aquifer characteristics encountered upon drilling of the well or test holes.

(8)  The commission shall have the exclusive authority to issue or deny well

permits under this section. The commission shall consider any recommendation by ground water management districts concerning well permit applications under this section.

Source: L. 65: R&RE, p. 1250, � 1. C.R.S. 1963: � 148-18-6. L. 71: p. 1313, � 5. L.

79: (4) amended, p. 1371, � 1, effective June 7. L. 87: (3) amended, p. 1301, � 4, effective July 2. L. 89: (6) added, p. 1424, � 3, effective July 15. L. 93: (6)(c) and (6)(d) amended, p. 1832, � 2, effective June 6. L. 98: (6)(g) added, p. 1343, � 71, effective June 1; (5) amended and (7) and (8) added, p. 1216, � 5, effective August 5. L. 2003: (7)(c)(I) and (7)(d)(I) amended, p. 44, � 4, effective (see editor's note); (7)(d)(I)(A) and (7)(d)(I)(C) amended, p. 1683, � 15, effective May 14. L. 2006: (6)(d) amended, p. 1270, � 1, effective July 1. L. 2012: (6)(e) amended, (SB 12-009), ch. 197, p. 792, � 7, effective July 1. L. 2013: (5.5) added, (HB 13-1044), ch. 228, p. 1090, � 7, effective May 15. L. 2018: (6)(a)(I) amended, (SB 18-041), ch. 9, p. 157, � 1, effective August 8. L. 2025: (7)(a), (7)(c)(I)(C), (7)(d)(I)(C), and (7)(d)(III) amended, (HB 25-1014), ch. 388, p. 2184, � 3, 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 (7)(c)(I)(B) provided for the repeal of subsections (7)(c)(I)(A)

and (7)(c)(I)(B) and subsection (7)(d)(I)(B) provided for the repeal of subsections (7)(d)(I)(A) and (7)(d)(I)(B), effective July 1, 2006. (See L. 2003, p. 44.)

(3)  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: For the legislative declaration contained in the 2003 act

amending subsections (7)(c)(I) and (7)(d)(I), see section 1 of chapter 7, Session Laws of Colorado 2003. For the legislative declaration in the 2013 act adding subsection (5.5), see section 1 of chapter 228, Session Laws of Colorado 2013.

C.R.S. § 37-90-132

37-90-132. Management district - board of directors - taxes - levy - limitation. The board of directors may levy and collect annually taxes necessary to finance the activities of such district to the amount of not more than two mills on the dollar of the valuation for assessment of all taxable property within the district. It shall, in accordance with the schedule prescribed by section 39-5-128, C.R.S., certify its mill levy to the board of county commissioners of the counties wholly or partially within the district, who shall extend the same on the county tax list, and the same shall be collected by the county treasurer in the same manner as state and county taxes are collected. In addition, annually the board of directors of the district may assess and certify a special assessment on all water wells, except those wells described in section 37-90-105, in the district not to exceed fifteen cents per acre-foot of the maximum annual volume of the appropriation of each such well. Said assessment shall be collected by the county treasurer in the same manner as other special assessments. It is the duty of the board to apply for and to receive from the county treasurers all money to the credit of the district.

Source: L. 65: R&RE, p. 1263, � 1. C.R.S. 1963: � 148-18-31. L. 67: p. 277, � 9.

L. 71: p. 1317, � 15. L. 77: Entire section amended, p. 1516, � 86, effective July 15. L. 79: Entire section amended, p. 1375, � 10, effective June 7. L. 85: Entire section amended, p. 1178, � 13, effective May 31.

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. § 37-90-138

37-90-138. Waste - violations - permits. (1) The state engineer in cooperation with the commission has power to regulate the drilling and construction of all wells in the state of Colorado to the extent necessary to prevent the waste of water and the injury to or destruction of other water resources and shall require well drillers and private drillers to file a log of each well drilled whether or not exempt by virtue of section 37-90-105. The state engineer shall adopt such rules and regulations as are necessary to accomplish the purposes of this section.

(2)  If the state engineer finds any well to have been drilled or maintained in a

manner or condition or to be withdrawing groundwater contrary to this article or the rules issued under this article, the state engineer shall immediately notify the user in writing of the violation and give the user time as may reasonably be necessary, not to exceed sixty days, to correct deficiencies. If the user fails or refuses to correct the deficiencies within the allowed time, the state engineer is authorized to enter upon the user's land and do whatever is necessary in order that the user comply with this article or rules issued under this article. Prior to August 1, 2010, this subsection (2) does not apply to oil and gas wells. For an oil and gas well in existence on March 22, 2010, for which a well permit is required by this section, a well permit application shall be submitted to the state engineer on or before April 30, 2010. For an oil and gas well to be constructed between March 22, 2010, and August 1, 2010, for which a well permit is required by this section, a well permit application shall be submitted to the state engineer on or before June 15, 2010. All oil and gas wells to be constructed after August 1, 2010, for which a well permit is required by this section shall have a well permit prior to producing groundwater.

(3)  No well construction contractor, pump installer, private pump installer, or

private driller shall construct a new well or otherwise do work on any well requiring authority from the state engineer or commission until a permit with respect thereto has been secured for such work.

Source: L. 65: R&RE, p. 1266, � 1. C.R.S. 1963: � 148-18-37. L. 67: p. 697, � 14.

L. 92: (3) amended, p. 2300, � 6, effective March 19. L. 2009: (2) amended, (HB 09-1303), ch. 390, p. 2110, � 4, effective June 2. L. 2010: (2) amended, (SB 10-165), ch. 31, p. 113, � 2, effective March 22.

C.R.S. § 37-90-143

37-90-143. Owners of well permits - update for name and contact information. (1) Effective July 1, 1994, any owner of an unexpired well permit issued pursuant to this article or article 92 of this title who changes a name or mailing address from that on file with the office of the state engineer shall file an update to the name or mailing address with the state engineer by January 1, 1995, on a form prescribed by the state engineer.

(2)  Effective January 1, 1995, any owner of an unexpired well permit issued

pursuant to this article 90 or article 92 of this title 37 who changes a name or contact information from that on file with the state engineer shall file an update with the state engineer within sixty-three days after the date of the change, on a form prescribed by the state engineer.

Source: L. 94: Entire section added, p. 1748, � 5, effective July 1. L. 2012: (2)

amended, (SB 12-175), ch. 208, p. 886, � 158, effective July 1. L. 2023: (2) amended, (HB 23-1125), ch. 47, p. 174, � 1, effective August 7.

ARTICLE 90.5

Geothermal Resources

Editor's note: Prior to 1983, the Colorado Geothermal Resources Act was

contained in article 70 of title 34.

Law reviews: For article, Getting Into Hot Water: The Law of Geothermal

Resources in Colorado, see 39 Colo. Law. 65 (Sept. 2010).

37-90.5-101.  Short title. This article shall be known and may be cited as the

Colorado Geothermal Resources Act.

Source: L. 83: Entire article added, p. 1419, � 1, effective June 10.


37-90.5-102.  Legislative declaration. (1)  The general assembly hereby

declares that:

(a)  The development of geothermal resources is in the public interest

because it enhances local economies and provides an alternative to conventional fuel sources; and

(b)  The development of geothermal resources should be undertaken in such

a manner as to safeguard life, health, property, public welfare, historic geothermal hot springs, and the environment, including wildlife resources; encourage the maximum economic recovery of each resource and prevent its waste; and protect associated correlative rights.

(c)  Repealed.


Source: L. 83: Entire article added, p. 1419, � 1, effective June 10. L. 2023:

(1)(a) and (1)(b) amended and (1)(c) repealed, (SB 23-285), ch. 235, p. 1234, � 5, effective July 1. L. 2025: (1)(b) amended, (HB 25-1165), ch. 257, p. 1304, � 11, effective August 6.

Cross references: For the legislative declaration in HB 25-1165, see section 1

of chapter 257, Session Laws of Colorado 2025.

37-90.5-103.  Definitions. As used in this article 90.5, unless the context

otherwise requires:

(1) (a)  Allocated geothermal resource means any geothermal resource that

is associated with nontributary groundwater.

(b)  Allocated geothermal resource does not include groundwater in the

Denver basin aquifers or nontributary groundwater aquifers entirely located shallower than two thousand five hundred feet.

(2)  Commission means the energy and carbon management commission

created in section 34-60-104.3 (1).

(3) (a)  Deep geothermal operation means any exploration for or production

of:

(I)  Allocated geothermal resources; or


(II)  Geothermal resources that are deeper than two thousand five hundred

feet below the surface.

(b) (I)  Deep geothermal operation includes the following activities related

to the operation of a well:

(A)  Conducting geophysical operations;


(B)  Drilling test bores and monitoring wells;


(C)  Siting;


(D)  Installing and operating flowlines;


(E)  Drilling;


(F)  Deepening;


(G)  Recompleting;


(H)  Reworking;


(I)  Repurposing; and


(J)  Abandoning.


(II)  Deep geothermal operation also includes any constructing, site

preparing, disposing of geothermal wastes, or reclaiming activities associated with the activities described in subsection (3)(b)(I) of this section.

(c)  Deep geothermal operation does not include:


(I)  Any exploration or production activities associated with the groundwater

in the Denver basin aquifers; or

(II)  The use of any heat extracted with produced fluids in an oil and gas

operation if the utilization of the heat would otherwise not be economically feasible as a standalone geothermal resource project.

(4)  Denver basin aquifers means the Dawson, Denver, Arapahoe, and

Laramie-Fox Hills aquifers, as described in the rules adopted by the state engineer pursuant to section 37-90-137 (9)(a) and (9)(b).

(5)  Disproportionately impacted community has the meaning set forth in

section 24-4-109 (2)(b)(II).

(6)  Distributed geothermal resource means any geothermal resource that

is not an allocated geothermal resource.

(7)  Geothermal by-products means dissolved or entrained minerals and

gases that may be obtained from the material medium, excluding hydrocarbon substances and carbon dioxide.

(8)  Geothermal fluid means naturally occurring groundwater, brines, vapor,

and steam associated with a geothermal resource.

(9)  Geothermal resource means the natural heat of the earth and includes:


(a)  The energy that may be extracted from that natural heat;


(b)  The material medium used to extract the energy from a geothermal

resource; and

(c)  Geothermal by-products.


(9.5)  Historic hot spring means a hot spring that is registered as described

in section 37-90.5-106 (7) and is either:

(a)  A commercial geothermal hot spring with a vested water right; or


(b)  A noncommercial geothermal hot spring that is accessible to and enjoyed

by the public.

(10)  Hot dry rock means a geothermal resource that lacks sufficient

geothermal fluid to transport commercial amounts of energy to the surface and that is not associated with an economically useful groundwater resource.

(11)  Local government means a home rule or statutory county, municipality,

or city and county.

(12)  Material medium means geothermal fluid as well as any other

substance used to transfer energy from a geothermal resource.

(13)  Repealed.


(14)  Nontributary groundwater has the meaning set forth in section 37-90-103 (10.5).


(14.5)  Prior geothermal operation means:


(a)  A geothermal well, operation, district, or unit authorized by the state

engineer or the energy and carbon management commission pursuant to this article 90.5; or

(b)  A historic hot spring.


(15)  Shallow geothermal operation means any geothermal operation that is

not a deep geothermal operation.

(16)  Water right has the meaning set forth in section 37-92-103 (12).


Source: L. 83: Entire article added, p. 1419, � 1, effective June 10. L. 2010: (1)

amended and (1.5) added, (SB 10-174), ch. 189, p. 811, � 5, effective August 11. L. 2023: Entire section amended, (SB 23-285), ch. 235, p. 1234, � 6, effective July 1. L. 2025: (1)(b) and (3)(c)(II) amended, (9.5) and (14.5) added, and (13) repealed, (HB 25-1165), ch. 257, p. 1305, � 12, effective August 6.

Cross references: For the legislative declaration in HB 25-1165, see section 1

of chapter 257, Session Laws of Colorado 2025.

37-90.5-104.  Ownership declaration. (1)  Where a geothermal resource is

found in association with geothermal fluid which is tributary groundwater, such geothermal resource is declared to be a public resource to which usufructuary rights only may be established according to the procedures of this article. No correlative property right to such a geothermal resource in place is recognized as an incident of ownership of an estate in land.

(2)  The property right to a hot dry rock resource or a geothermal resource

associated with nontributary groundwater is an incident of the ownership of the overlying surface, unless the property right is severed, reserved, or transferred with the subsurface estate expressly or is otherwise expressly separate from the surface estate. Geothermal resources associated with nontributary groundwater shall not be transferred separately from the nontributary groundwater. With respect to any severance, reservation, or transfer occurring after September 1, 2025:

(a)  For any severance, reservation, or transfer of nontributary groundwater,

there is a rebuttable presumption that the severance, reservation, or transfer includes any associated geothermal resources unless the severance, reservation, or transfer expressly states otherwise; and

(b)  For any severance, reservation, or transfer of geothermal resources

associated with nontributary groundwater, there is a rebuttable presumption that the severance, reservation, or transfer includes the associated nontributary groundwater unless the severance, reservation, or transfer expressly states otherwise.

(3)  Nothing in this section shall be deemed to derogate valid, existing

property rights to geothermal resources which have vested prior to July 1, 1983. However, such property rights shall not be deemed vested absent the award of a decree for an application filed prior to June 10, 1983, pursuant to existing water law or the entering into of a geothermal lease prior to June 10, 1983, or unless utilizing facilities are actually in existence prior to July 1, 1983. A facility for utilization of geothermal resources shall be considered to be in existence if it is in actual operation or is undergoing significant construction activities prior to operation.

(4)  Notwithstanding any provision of this section to the contrary, nothing in

this section:

(a)  Derogates the rights of a landowner to nontributary groundwater;


(b)  Affects any ownership or rights to a geothermal resource associated with

nontributary groundwater, which resource is acquired before July 1, 2023; or

(c)  Prevents an owner of nontributary groundwater rights from accessing

nontributary groundwater for nongeothermal purposes that will not materially injure a prior geothermal operation.

(5)  Repealed.


Source: L. 83: Entire article added, p. 1420, � 1, effective June 10. L. 2023: (2)

and (4) amended and (5) added, (SB 23-285), ch. 235, p. 1236, � 7, effective July 1. L. 2025: (2) and (4) amended and (5) repealed, (HB 25-1165), ch. 257, p. 1305, � 13, effective August 6.

Cross references: For the legislative declaration in HB 25-1165, see section 1

of chapter 257, Session Laws of Colorado 2025.

37-90.5-105.  Access - reasonable accommodation. (1)  Geothermal leases

may be awarded by the state board of land commissioners for lands under its jurisdiction through negotiation or by competitive bidding, but no such lease may be awarded prior to a public notice period of thirty-five days.

(2)  Where the property right to a severable geothermal resource has been

severed, reserved, or transferred with the subsurface estate, its owner may enter upon the overlying surface parcel at reasonable times and in a reasonable manner to prospect for and produce the energy from such resource, if adequate compensation is paid to the owner of the surface parcel for damages and disturbance in accordance with subsection (3) of this section. This right of entry shall not include the right to construct surface utilization facilities, and such facilities may be constructed only upon agreement with the surface owner in accordance with subsection (3) of this section.

(3) (a) (I)  A developer of any type of geothermal resource shall develop the

resource in a manner that accommodates the surface owner by minimizing intrusion upon and damage to the surface of the land.

(II)  As used in this section, minimizing intrusion upon and damage to the

surface means selecting alternative locations for wells, roads, pipelines, or heat exchange or generation facilities, or employing alternative means of operation, that prevent, reduce, or mitigate the impacts of the geothermal development on the surface, where such alternatives are technologically sound, economically practicable, and reasonably available to the developer.

(III)  The standard of conduct set forth in this subsection (3) does not prevent

a developer from entering upon and using that amount of the surface as is reasonable and necessary to explore for and develop the geothermal resource.

(IV)  The standard of conduct set forth in this subsection (3) does not

abrogate or impair a contractual provision that is binding on the parties and that expressly provides for the use of the surface for the development of geothermal resources or that releases the developer from liability for the use of the surface.

(b)  A geothermal resource developer's failure to meet the requirements set

forth in this subsection (3) or, if applicable, subsection (2) of this section, gives rise to a cause of action by the surface owner. Upon a determination by the trier of fact that such failure has occurred, a surface owner may seek compensatory damages or such equitable relief as is consistent with paragraph (a) of this subsection (3) or, if applicable, subsection (2) of this section.

(c) (I)  In any litigation or arbitration based upon subsection (2) of this section

or paragraph (a) of this subsection (3), the surface owner shall present evidence that the developer's use of the surface materially interfered with the surface owner's use of the surface of the land. After such showing, the developer bears the burden of proof of showing that it met the standard set out in paragraph (a) of this subsection (3) and, if applicable, subsection (2) of this section. If a developer makes that showing, the surface owner may present rebuttal evidence.

(II)  An operator may assert, as an affirmative defense, that it has conducted

geothermal resource development in accordance with a regulatory requirement, contractual obligation, or land use plan provision that specifically applies to the alleged intrusion or damage.

(d)  Nothing in this section:


(I)  Precludes or impairs any person from obtaining any and all other remedies

allowed by law;

(II)  Prevents a developer and a surface owner from addressing the use of the

surface for geothermal resource development in a lease, surface use agreement, or other written contract; or

(III)  Establishes, alters, impairs, or negates the authority of local and county

governments to regulate land use related to geothermal resource development.

Source: L. 83: Entire article added, p. 1420, � 1, effective June 10. L. 2010: (2)

amended and (3) added, (SB 10-174), ch. 189, p. 812, � 6, effective August 11. L. 2012: (1) amended, (SB 12-175), ch. 208, p. 886, � 159, effective July 1.

37-90.5-106.  Regulation of geothermal resource operations - reinjection -

fees - rules - definition. (1) (a) (I) The state engineer and the state board of examiners of water well and ground heat exchanger contractors created in section 37-91-103 have the authority to regulate shallow geothermal operations and may adopt rules that regulate shallow geothermal operations.

(II)  Before constructing a test bore, ground heat exchanger, monitoring well,

or production well or reworking an existing well associated with shallow geothermal operations, a person shall obtain an operations permit from the state engineer.

(III)  The state engineer may adopt rules for the assessment of reasonable

fees for the processing and issuance of a permit pursuant to subsection (1)(a)(II) of this section.

(IV)  The state engineer shall maintain a tributary geothermal notification list

for each water division.

(V) (A)  An applicant for a new geothermal well permit withdrawing tributary

groundwater at a rate greater than fifty gallons per minute shall provide a copy of the application by electronic mail to all parties that have subscribed to the tributary geothermal notification list for the water division in which the well will be located and shall file proof of such notice with the state engineer.

(B)  The state engineer shall allow the owners or operators of prior

geothermal operations, vested water rights, or wells thirty-five days after the date of the electronic mailing of the notice to submit a claim of material injury. Any such claim may request conditions to be imposed upon the well permit in order to prevent such injury and provide other information to be considered by the state engineer in reviewing the application.

(C)  If an applicant proposes a geothermal well withdrawing tributary

groundwater at a rate greater than fifty gallons per minute, and the proposed well is in a hydrogeologic setting where it has the potential to materially injure a historic hot spring, the applicant shall provide geologic and hydrologic evidence to be considered by the state engineer. The evidence must demonstrate that the proposed well will not materially injure the historic hot spring. The state engineer shall amend the geothermal rules adopted pursuant to subsection (1)(a)(I) of this section to implement the requirements of this subsection (1)(a)(V)(C).

(b) (I)  The commission has the exclusive authority to regulate deep

geothermal operations and may adopt rules that regulate deep geothermal operations.

(II)  Prior to constructing a well associated with deep geothermal operations,

the owner or operator of the well shall obtain an operations permit from the commission.

(III)  In issuing an operations permit pursuant to subsection (1)(b)(II) of this

section, the commission:

(A)  May allow for the use of groundwater pursuant to section 37-90-137

(7.5)(a) as a material medium for allocated geothermal resources that have been determined to be nontributary pursuant to section 37-90.5-107 (1)(b); and

(B)  Shall make a finding based upon available data that the proposed

operation will not materially injure a prior geothermal operation; and

(C)  Shall require each applicant for a permit concerning deep geothermal

operations to provide notice of the application to the designated individuals of prior geothermal operations registered pursuant to subsection (7) of this section and located within one-fourth of a mile of the proposed deep geothermal operations.

(IV)  The commission may adopt rules for the assessment of reasonable fees

for the processing and issuance of a permit pursuant to subsection (1)(b)(II) of this section.

(c)  As used in this section, unless the context otherwise requires, material

injury to a prior geothermal operation includes injury to any aspect of the vested water rights of a prior geothermal operation, which may include water quantity, pressure, rate of flow, mineral content, or temperature. Regardless of whether water quantity, pressure, rate of flow, mineral content, or temperature are decreed, material injury to a prior geothermal operation also includes diminution or alteration of any such parameter that results in an adverse effect to a prior geothermal operation.

(2) (a)  In exercising its regulatory authority pursuant to subsection (1)(b) of

this section, the commission shall adopt rules that:

(I)  Protect public health, safety, and welfare, including the protection of the

environment and wildlife resources; and

(II)  Avoid, minimize, or mitigate adverse impacts on disproportionately

impacted communities.

(b) (I)  The commission shall not issue an operations permit pursuant to

subsection (1)(b)(II) of this section unless the applicant provides evidence to the commission that:

(A)  The applicant has filed an application with the local government with

jurisdiction to approve the siting of the proposed deep geothermal operations, including the local government's disposition of the application; or

(B)  The local government with jurisdiction to approve the siting of the

proposed deep geothermal operations does not regulate the siting of deep geothermal operations.

(II)  Upon request by a local government, the commission shall provide

technical support to the local government concerning the implementation of the commission's rules pursuant to this section or the implementation by the local government of the commission's rules.

(c)  The commission may enforce rules adopted pursuant to this subsection

(2) in accordance with section 34-60-121.

(3)  Where the maintenance of underground pressures, the prevention of

subsidence, or the disposal of brines is necessary, reinjection of geothermal fluid or water may be required by the state engineer or the commission.

(4)  The commission shall transfer all fees collected for permits issued by the

commission pursuant to subsection (1)(b)(IV) of this section to the state treasurer, who shall credit the fees to the energy and carbon management cash fund created in section 34-60-122 (5).

(5)  Notwithstanding any provision of this section to the contrary, nothing in

this section affects the ownership, administration, or determination of water rights or rights to nontributary groundwater.

(6) (a)  Except as set forth in subsection (6)(b)(II) of this section, the

commission is responsible for administering and enforcing any permits issued by the state engineer pursuant to this section that cover deep geothermal operations.

(b)  The state engineer or the state board of examiners of water well and

ground heat exchanger contractors may exercise any power, duty, function, or obligation necessary to issue, administer, and enforce any permits or licenses that cover:

(I)  Shallow geothermal operations; and


(II)  The use of geothermal fluid in deep geothermal operations pursuant to

section 37-90.5-107, except for deep geothermal operations subject to section 37-90-137 (7.5)(a).

(7) (a)  An owner or operator of a prior geothermal operation, or a government

entity with an interest in the public's enjoyment of a noncommercial geothermal hot spring, shall register with the state engineer:

(I)  The location of the prior geothermal operation; and


(II)  Designated individuals to receive electronic mail notifications from the

state engineer and the commission as described in section 37-90-137 (2) and subsection (1)(b)(III)(C) of this section.

(b)  The state engineer shall add the designated individuals to the tributary

geothermal notification list described in subsection (1)(a)(IV) of this section for the water division in which the prior geothermal operation is located.

Source: L. 83: Entire article added, p. 1421, � 1, effective June 10. L. 2003: (1)

amended, p. 47, � 7, effective (see editor's note). L. 2023: Entire section R&RE, (SB 23-285), ch. 235, p. 1237, � 8, effective July 1. L. 2025: (1)(a)(I), (1)(a)(II), (1)(b)(III), (3), and (6) amended and (1)(a)(IV), (1)(a)(V), (1)(c), (2)(c), and (7) added, (HB 25-1165), ch. 257, p. 1306, � 14, 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 (1)(a)(II) provided for the repeal of subsection (1)(a), effective

July 1, 2006. (See L. 2003, p. 47.)

Cross references: For the legislative declaration contained in the 2003 act

amending subsection (1), see section 1 of chapter 7, Session Laws of Colorado 2003. For the legislative declaration in HB 25-1165, see section 1 of chapter 257, Session Laws of Colorado 2025.

37-90.5-107.  Permits for the use of geothermal resources - rules. (1) (a)

After receipt of the necessary application, the state engineer shall issue a use permit to use distributed geothermal resources consistent with the requirements described in section 37-90-107, 37-90-108, 37-90-109, 37-90-137, or 37-90.5-106.

(b)  After receipt of the necessary application, the state engineer shall issue

a use permit to use allocated geothermal resources consistent with the requirements described in section 37-90-137 and after a determination that any associated geothermal fluid is nontributary groundwater. For the purposes of this section, this determination must rely on the definition of nontributary groundwater pursuant to section 37-90-103 (10.5) as determined by:

(I)  A decree of the water court;


(II)  A permit to construct a well to withdraw nontributary groundwater issued

by the state engineer pursuant to section 37-90-137;

(III)  Rules adopted by the state engineer pursuant to section 37-90-137 (7)(c)

for produced water that apply to use permits that are limited to the use of water as a material medium as the only beneficial use of water; or

(IV)  Rules adopted by the state engineer pursuant to subsection (6)(a) of this

section.

(2)  The use of water as a material medium is recognized as a beneficial use.


(3) (a)  Nondiversionary utilization methods do not require a use permit

pursuant to subsection (1) of this section but are subject to the rules adopted pursuant to section 37-90.5-106 (1)(a)(I) and (1)(b)(I); however, nothing in this subsection (3)(a) prevents the developer of a geothermal resource from establishing a water right based on the developer's actual utilization.

(b)  Repealed.


(c)  The use permit issued pursuant to subsection (1) of this section may be

waived by the state engineer for a diversionary utilization method that does not impair valid, prior water rights.

(d)  Repealed.


(e)  Notwithstanding any provision of this subsection (3) to the contrary, a

water right to use a distributed geothermal resource associated with tributary groundwater may be obtained only in water court and is subject to article 92 of this title 37. The beneficial use of energy extracted from geothermal fluid associated with a distributed geothermal resource is the basis, measure, and limit of the water right, and efficient application methods must be used for the use of energy to qualify as a beneficial use.

(4)  Notwithstanding any provision of this section to the contrary, section 37-90-137 (4) applies to any beneficial use of allocated geothermal resources, except

for those operations described in section 37-90-137 (7.5)(a).

(5)  The provisions of articles 90 and 92 of this title 37 relating to notice,

hearings, appeals, and the administration of water rights apply to all permitting actions by the state engineer pursuant to this section.

(6) (a) (I)  The state engineer may adopt rules for the administration of this

section, including rules and procedures for the determinations described in subsection (1)(b) of this section.

(II)  The state engineer's rule-making authority pursuant to subsection

(6)(a)(I) of this section includes the authority to adopt rules:

(A)  Pursuant to which geothermal fluid, in whole or in part, is determined to

be nontributary pursuant to subsection (1)(b) of this section; and

(B)  That provide rule-making and adjudicatory procedures for the

determinations described in subsection (6)(a)(II)(A) of this section that are made after the initial rule-making conducted pursuant to subsection (1)(b) of this section.

(b)  In any rule-making proceeding conducted pursuant to this section, any

interested person has the right of cross-examination. Judicial review of any rules adopted pursuant to this section and any nontributary groundwater determinations made pursuant to subsection (1)(b) of this section must be in accordance with section 24-4-106; except that venue must be exclusively in the water court for the water division or divisions where the groundwater that is the subject of any applicable rule or determination is located.

(c)  In any judicial action seeking to curtail or declare unlawful the

withdrawal, use, or disposal of groundwater pursuant to this section, there is a rebuttable presumption that any determination made by the state engineer pursuant to subsection (1)(b) of this section is valid.

(d)  Any rules adopted pursuant to this section must not conflict with existing

laws and do not affect the validity of groundwater well permits existing prior to the adoption of the rules.

Source: L. 83: Entire article added, p. 1421, � 1, effective June 10. L. 92: (7)

amended, p. 2181, � 50, effective June 2. L. 2010: (8) amended, (SB 10-174), ch. 189, p. 813, � 7, effective August 11. L. 2012: IP(3) amended, (SB 12-175), ch. 208, p. 886, � 160, effective July 1. L. 2023: Entire section amended, (SB 23-285), ch. 235, p. 1239, � 9, effective July 1. L. 2025: (1)(a) and (4) amended and (3)(b) and (3)(d) repealed, (HB 25-1165), ch. 257, p. 1308, � 15, effective August 6.

Cross references: For the legislative declaration in HB 25-1165, see section 1

of chapter 257, Session Laws of Colorado 2025.

37-90.5-108.  Geothermal management districts. (1)  The state engineer

may adopt procedures that establish geothermal management districts applicable to distributed geothermal resources. In geothermal management districts, the state engineer may:

(a)  Control well-spacing and production rates;


(b)  Control the quantity of geothermal fluid extracted from distributed

geothermal resources by methods and procedures that the state engineer deems appropriate, including requirements to reinject; and

(c)  Adopt a comprehensive plan for the most efficient use of distributed

geothermal resources, guided by the principles of equitable apportionment, maximum economic recovery, and prevention of waste.

(2)  The state engineer may delegate some or all of his authority under this

section to a geothermal management district upon finding that the district has adequate organization and capability to administer an acceptable management plan.

(3)  The state engineer shall notify the commission of any application for a

geothermal management district that is anticipated to affect deep geothermal operations.

Source: L. 83: Entire article added, p. 1422, � 1, effective June 10. L. 2023:

IP(1), (1)(b), and (1)(c) amended and (3) added, (SB 23-285), ch. 235, p. 1242, � 10, effective July 1.

37-90.5-109.  Geothermal resource units - rules. (1)  The commission may

adopt procedures by rule to establish geothermal resource units applicable to allocated geothermal resources. In its regulation of geothermal resource units, the commission may:

(a)  Control well-spacing and production rates;


(b)  Control the quantity of geothermal fluid extracted from allocated

geothermal resources by methods and procedures that the commission deems appropriate, including requirements to reinject;

(c)  Adopt a comprehensive unit plan that encourages sustainable use of

allocated geothermal resources; and

(d)  Require equitable compensation to any impacted owner of an allocated

geothermal resource.

(2)  Notwithstanding any provision of this section to the contrary, nothing in

this section affects the ownership, administration, aggregation, or determination of water rights.

Source: L. 2023: Entire section added, (SB 23-285), ch. 235, p. 1242, � 11,

effective July 1.

37-90.5-110.  Geothermal resource studies - report - repeal.  (Repealed)


Source: L. 2023: Entire section added, (SB 23-285), ch. 235, p. 1242, � 11,

effective July 1.

Editor's note: Subsection (3) provided for the repeal of this section, effective

July 1, 2025. (See L. 2023, p. 1242.)

37-90.5-111.  Coordination between the commission and the state engineer.

(1) When an operations permit is issued by the commission pursuant to section 37-90.5-106 (1)(b)(II) and a use permit is issued by the state engineer pursuant to section 37-90.5-107 (1), the commission and the state engineer shall coordinate to:

(a)  Ensure that any applicable requirements of the commission and the state

engineer are met; and

(b)  Determine whether an accounting for the use and reinjection of

geothermal fluid or water pursuant to the applicable permit may be submitted to only the commission, only to the state engineer, or to both.

Source: L. 2023: Entire section added, (SB 23-285), ch. 235, p. 1243, � 11,

effective July 1. L. 2025: (1)(b) amended, (HB 25-1165), ch. 257, p. 1309, � 16, effective August 6.

Cross references: For the legislative declaration in HB 25-1165, see section 1

of chapter 257, Session Laws of Colorado 2025.

ARTICLE 91

Water Well Construction and

Pump Installation Contractors

C.R.S. § 37-91-102

37-91-102. Definitions. As used in this article 91, unless the context otherwise requires:

(1) and (2)  Repealed.


(3)  Board means the state board of examiners of water well and ground

heat exchanger contractors created in section 37-91-103.

(4)  Construction of wells means any act undertaken at the well site for the

establishment or modification of a well, including, without limitation, the location of the well and the excavation or fracturing thereof but not including surveying or other acts preparatory thereto, site preparation and modification or site modification, or the installation of pumping equipment.

(4.1) (a)  Construction or installation of a ground heat exchanger means any

act undertaken at a ground heat exchanger site for the establishment or modification of a ground heat exchanger.

(b)  Construction or installation of a ground heat exchanger includes the

locating of a ground heat exchanger and the excavating or fracturing necessary to install a ground heat exchanger.

(c)  Construction or installation of a ground heat exchanger does not

include surveying, site preparation, site modification, or other preparatory acts.

(4.5)  Dewatering well includes any excavation that is drilled, cored, bored,

washed, fractured, driven, dug, jetted, or otherwise constructed when the intended use of such excavation is for temporary dewatering purposes for construction only.

(4.7)  Directly employed means engaged in employment where the

employer is responsible for and directly controls the performance of the employee, and, where applicable, the employee is covered by workers' compensation and unemployment compensation. Directly employed does not refer to independent contractors or subcontractors.

(5) and (6)  Repealed.


(6.5)  Ground heat exchanger means a continuous, sealed, subsurface heat

exchanger consisting of a closed loop through which a heat-transfer fluid passes to and returns from a heat pump or manifold. A ground heat exchanger may be vertically or horizontally configured or submerged in surface water.

(6.7)  Ground heat exchanger contractor means an individual licensed

pursuant to this article 91 who is responsible for the drilling, construction, grouting, repair, testing, or abandonment of a ground heat exchanger, either by contract or for hire, for any consideration whatsoever.

(7)  Groundwater means any water not visible on the surface of the ground

under natural conditions.

(7.5)  Heat-transfer fluid means a fluid heat-transfer medium to convey

thermal energy to and from the thermal source or sink.

(8)  Installation of pumping equipment means the selection, placement, and

preparation for operation of pumping equipment, including all construction involved in entering the well and establishing well seals and safeguards to protect groundwater from contamination.

(9)  Repealed.


(10)  License means the document issued by the board to a qualified

applicant pursuant to section 37-91-105, which document authorizes the applicant to engage in one or more methods of well construction, ground heat exchanger construction, or pump installation or any combination of such methods.

(10.5)  Monitoring and observation well includes any excavation that is

drilled, cored, bored, washed, fractured, driven, dug, jetted, or otherwise constructed when the intended use of the excavation is for locating a well, pumping equipment or aquifer testing, monitoring groundwater, groundwater remediation, or collection of water quality samples.

(11)  Repealed.


(11.5)  Person means an individual, a partnership, a corporation, a

municipality, the state, the United States, or any other legal entity, public or private.

(12)  Private driller means any individual, corporation, partnership,

association, political subdivision, or public agency that uses equipment owned by it to dig, drill, redrill, case, recase, deepen, or excavate a well entirely for its own use upon property owned by it.

(12.5)  Private pump installer means any individual, corporation, partnership,

association, political subdivision, or public agency that uses equipment owned by it to install pumping equipment on a well entirely for its own use on property owned by it.

(13)  Pumping equipment means any pump or related equipment used or

intended for use in withdrawing or obtaining groundwater, including, but not limited to, well seals, pitless adapters, and other safeguards to protect the groundwater from contamination and any waterlines up to and including the pressure tank and any coupling appurtenant thereto.

(14)  Pump installation contractor means an individual licensed to install,

remove, modify, or repair pumping equipment for compensation.

(15)  Repair means:


(a)  Any change, replacement, or other alteration of any well or pumping

equipment that requires a breaking or opening of the well seal or any waterlines up to and including the pressure tank and any coupling appurtenant to the pressure tank; or

(b)  Any change, replacement, or other alteration of a ground heat exchanger

that requires excavation of any portion of the ground heat exchanger to repair or replace components of surface casing, piping or grout within the borefield, or piping between the borefield and the manifold.

(15.5)  Supervision means personal and continuous on-site direction by a

licensed well construction contractor, licensed ground heat exchanger contractor, or licensed pump installation contractor, unless the licensed contractor has applied for and received from the board an exemption from continuous on-site direction for a specific task.

(15.7)  Test hole includes any excavation that is drilled, cored, bored,

washed, fractured, driven, dug, jetted, or otherwise constructed when the intended use of such excavation is for geotechnical, geophysical, or geologic investigation or soil- or rock-sampling.

(16) (a)  Well for the purpose of this article means any test hole or other

excavation that is drilled, cored, bored, washed, fractured, driven, dug, jetted, or otherwise constructed for the purpose of location, monitoring, dewatering, observation, diversion, artificial recharge, or acquisition of groundwater for beneficial use or for conducting pumping equipment or aquifer tests.

(b) (I)  Well does not include:


(A)  Certain types of monitoring and observation wells, dewatering wells, and

test holes that the board specifies in rules in order to allow for their construction, utilization, and abandonment by other than a well construction contractor;

(B)  An excavation made for the purpose of obtaining or prospecting for

minerals or those wells subject to the jurisdiction of the energy and carbon management commission, as provided in article 60 of title 34 or in article 90.5 of this title 37;

(C)  A well subject to the jurisdiction of the division of reclamation, mining,

and safety, as provided in articles 32 to 34 of title 34; or

(D)  Recharge basins or infiltration basins that are constructed in such a

manner that the intent of their design is to remain above the groundwater level.

(II)  Well does not include a naturally flowing spring or springs where the

natural spring discharge is captured or concentrated by installation of a near-surface structure or device less than ten feet in depth located at or within fifty feet of the spring or springs' natural discharge point and the water is conveyed directly by gravity flow or into a separate sump or storage, so long as the owner obtains a water right for the structure or device as a spring pursuant to article 92 of this title 37.

(17)  Well construction contractor means an individual licensed pursuant to

this article 91 and responsible for the construction, test-pumping, or development of wells, either by contract or for hire, for any consideration whatsoever.

(18)  Well seal means an approved arrangement or device used to cover a

well or to establish and maintain a junction between the casing or curbing of a well and the piping or equipment installed therein, the purpose or function of which is to prevent contaminated water or other material from entering the well at the upper terminal.

Source: L. 67: p. 691, � 2. C.R.S. 1963: � 148-20-2. L. 85: (3), (4), (8), (10), (12),

(15), and (18) amended, (4.5), (4.7), (10.5), (11.5), (12.5), (15.5), and (15.7) added, (13), (14), (16), and (17) R&RE, and (1), (2), (5), (6), (9), and (11) repealed, pp. 1180, 1182, 1189, �� 2, 3, 16, effective July 1. L. 90: (4.7) amended, p. 574, � 71, effective July 1. L. 92: (16) amended, p. 1971, � 78, effective July 1. L. 95: (16) amended, p. 140, � 3, effective April 7. L. 2003: (4.7), (8), (10), (12), (12.5), (13), (14), (15.5), and (16)(a) amended, p. 1675, � 2, effective May 14. L. 2023: IP and (16)(b)(I) amended, (SB 23-285), ch. 235, p. 1257, � 39, effective July 1. L. 2025: (3), (10), (10.5), (14), (15), (15.5), (16)(b)(I)(B), (16)(b)(I)(C), (16)(b)(II), and (17) amended and (4.1), (6.5), (6.7), (7.5), and (16)(b)(I)(D) added, (HB 25-1165), ch. 257, p. 1310, � 18, effective August 6.

Cross references: For the legislative declaration in HB 25-1165, see section 1

of chapter 257, Session Laws of Colorado 2025.

C.R.S. § 37-91-103

37-91-103. State board of examiners of water well and ground heat exchanger contractors. (1) (a) The state board of examiners of water well and ground heat exchanger contractors is created in the division of water resources within the department of natural resources. The board includes the following six individuals:

(I)  The state engineer or the state engineer's designee;


(II)  A representative of the department of public health and environment

designated by the executive director of the department; and

(III)  Four members appointed by the governor, two of whom shall be well

construction contractors or pump installation contractors, each with a minimum of ten years' experience in the well construction or pump installation business preceding the individual's appointment, one of whom shall be an engineer or geologist with a minimum of ten years' experience in water supply and well construction preceding the individual's appointment, and one of whom shall be an individual with a minimum of ten years' experience relating to ground heat exchangers preceding the individual's appointment.

(b)  The state board of examiners of water well and ground heat exchanger

contractors is a type 1 entity, as defined in section 24-1-105.

(2)  All members shall be appointed for four-year terms, but no member shall

be reappointed to or serve more than two consecutive four-year terms. Any vacancy occurring in the board membership of the governor's appointees, other than by expiration, shall be filled by the governor by appointment for the unexpired term. Members shall serve without compensation but shall be reimbursed for actual expenses necessarily incurred in their official business.

(3)  The board shall meet at least once every three months and as it deems

necessary or advisable. Board meetings may be called at any time on order of the chair or vice-chair or any four members of the board. The board shall determine the time and place of all meetings, but at least one meeting every three months shall be held in Denver. Four members of the board constitute a quorum, and the affirmative vote of at least four members is required to pass any action or motion of the board. The board may adopt bylaws to govern its own procedure.

Source: L. 67: p. 693, � 3. C.R.S. 1963: � 148-20-3. L. 68: p. 129, � 142. L. 85:

(1) amended, p. 1182, � 4, effective July 1. L. 2003: (2) and (3) amended, p. 1677, � 3, effective May 14. L. 2022: (1) amended, (SB 22-162), ch. 469, p. 3410, � 170, effective August 10. L. 2025: (1) and (3) amended, (HB 25-1165), ch. 257, p. 1312, � 19, effective August 6.

Cross references: (1)  For the short title (the Debbie Haskins 'Administrative

Organization Act of 1968' Moderization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.

(2)  For the legislative declaration in HB 25-1165, see section 1 of chapter

257, Session Laws of Colorado 2025.

C.R.S. § 37-91-107

37-91-107. Fees and bonds - license renewal - continuing education. (1) All fees from applicants seeking a license under this article, and all renewal fees, shall be transmitted to the state treasurer, who shall credit the same to the well inspection cash fund created in section 37-80-111.5. No fees shall be refunded. A license shall be nontransferable and unassignable.

(2) (a)  The board shall require an application fee to be paid in the amount of

twenty dollars. The payment of the fee must accompany each application from a resident of the state. The board shall also require an applicant to pay a fee in the amount of fifty dollars upon the applicant's successful completion of the examination and before the board issues a license.

(b)  In addition to paying a fee pursuant to subsection (2)(a) of this section,

each successful resident applicant shall file and maintain with the board evidence of financial responsibility in the form of a savings account, deposit, or certificate of deposit in the amount of ten thousand dollars, meeting the requirements of section 11-35-101, or an irrevocable letter of credit for the amount of ten thousand dollars, meeting the requirements of section 11-35-101.5, or shall file and maintain with the board an approved compliance bond with a corporate surety authorized to do business in the state, in the amount of ten thousand dollars, for the use and benefit of any person or the state suffering loss or damage, conditioned that the licensee will comply with the laws of the state in engaging in the business for which the licensee receives a license and the rules of the board adopted in the regulation of such business.

(3) (a)  The board shall charge an application fee in the amount of fifty

dollars, the payment of which application fee must accompany each application from a nonresident of the state. The board shall also charge a nonresident fee of four hundred dollars, which a nonresident shall pay upon successful completion of the examination and before the issuance of a license.

(b)  In addition to paying any fees required by subsection (3)(a) of this section,

each successful nonresident applicant shall file and maintain with the board evidence of financial responsibility in the form of a savings account, deposit, or certificate of deposit in the amount of twenty thousand dollars, meeting the requirements of section 11-35-101, or shall file and maintain with the board an approved compliance bond in the amount of twenty thousand dollars with a corporate surety authorized to do business in the state for the use and benefit of any person or the state suffering loss or damage, conditioned that the licensee shall comply with the laws of the state in engaging in the business for which the licensee receives a license and the rules adopted by the board in compliance with such laws.

(3.5)  The board shall not set the application and license fees in subsections

(2) and (3) of this section at amounts greater than becomes necessary to further the purposes of this article. Such amounts shall not exceed the direct and indirect costs of the board in administering the provisions of this article.

(3.7)  The board is authorized to set the bond amounts in subsections (2) and

(3) of this section at higher amounts if such an increase becomes necessary to further the purposes of this article.

(4) (a) (I)  Each licensed well construction contractor, licensed ground heat

exchanger contractor, and licensed pump installation contractor in this state shall:

(A)  Pay to the board during January of each year, beginning in the year

immediately following the licensee's initial licensing, a renewal fee of fifty dollars;

(B)  Concurrently file and thereafter maintain a new bond or letter of credit if

required pursuant to this section; and

(C)  Annually file a certificate of completion of continuing education pursuant

to section 37-91-105 (7).

(II)  Upon a licensee's satisfaction of the requirements described in

subsection (4)(a)(I) of this section, the secretary shall issue a renewal license for one year. The license of any well construction contractor, ground heat exchanger contractor, or pump installation contractor who fails to have their license renewed lapses. A lapsed license may be renewed, without reexamination, within one year after it lapses upon payment of all fees in arrears. A licensee may elect to renew their license and file and maintain a bond or letter of credit for a term of up to three years, paying fifty dollars for each year the license will be in effect.

(b)  The board shall not set a license renewal fee described in subsection

(4)(a) of this section or a rig registration fee described in subsection (5) of this section in an amount greater than is necessary to further the purposes of this article 91. The amount must not cause the total amount of money collected under this article 91 to exceed the direct and indirect costs of the board in administering this article 91.

(4.5)  A licensee shall maintain the amount of financial responsibility required

by subsections (2), (3), and (4) of this section for the duration of the license for which the financial responsibility is required. The license of any well construction contractor, ground heat exchanger contractor, or pump installation contractor who fails to maintain such financial responsibility lapses. A lapsed license may be reinstated upon the licensee's submission of current evidence of the required financial responsibility to the board and payment to the board of a reinstatement fee in the amount of one hundred dollars.

(5)  The board shall charge an annual registration fee of ten dollars for each

well drilling rig, ground heat exchanger installation rig, and pump installation rig to be operated in the state.

(6)  The board shall maintain a continuing education program in conjunction

with the Colorado water well contractors association or any analogous or successor organization.

Source: L. 67: p. 695, � 7. C.R.S. 1963: � 148-20-7. L. 79: (3) amended, p. 426,

� 19, effective July 1. L. 85: (2), (3), (4), and (5) amended and (3.5) and (3.7) added, p. 1185, � 9, effective July 1. L. 87: (2), (3), (3.7), and (4) amended, p. 491, � 42, effective July 1. L. 89: (2), (3), and (4) amended and (4.5) added, p. 1428, � 2, effective April 7. L. 2003: (1), (4), (4.5), and (5) amended and (6) added, p. 1679, � 7, effective May 14. L. 2025: (2), (3), (4), (4.5), (5), and (6) amended, (HB 25-1165), ch. 257, p. 1315, � 23, effective August 6.

Cross references: For the legislative declaration in HB 25-1165, see section 1

of chapter 257, Session Laws of Colorado 2025.

C.R.S. § 37-91-110

37-91-110. Basic principles and minimum standards - rules. (1) The following basic principles, general in scope and fundamental in character, govern the construction, repair, or abandonment of a well; the installation, repair, or abandonment of a ground heat exchanger; and the installation or repair of pumping equipment:

(a)  Water wells shall be:


(I)  Located in such manner that the well and its surroundings can be kept in a

sanitary condition;

(II)  Adequate in size to permit the installation of pumping equipment to

produce the volume of water sought to be obtained in compliance with the well permit;

(III)  Constructed or abandoned in such a manner as to maintain natural

protection against pollution of water-bearing formations and to exclude known sources of contamination;

(b)  The pumping equipment shall be:


(I)  Located in such a manner that the pump and its surroundings can be kept

in a sanitary condition;

(II)  Selected, constructed, and installed: To meet the water yield and

drawdown characteristic of the well; to be durable and reliable in character; of such material that no toxic or otherwise objectionable condition will be created in the water; in such a manner that continued operation without priming is assured at the time of installation; and to provide adequate protection against pollution of any character from any surface or subsurface source.

(c)  A ground heat exchanger shall be:


(I)  Located in a manner that considers the physical limitations of the land

area and the proximity to other elements that might affect the type and configuration of the ground heat exchanger; and

(II)  Installed or abandoned in a manner that maintains natural protection

against pollution of water-bearing formations and excludes known sources of contamination.

(2)  The board shall adopt and may, from time to time, amend rules

reasonably necessary to ensure the proper construction or proper abandonment of wells, the proper installation or proper abandonment of ground heat exchangers, and the proper installation of pumping equipment. The board may require the filing of information and reports relating to the construction or abandonment of wells, the installation or abandonment of ground heat exchangers, and the installation of pumping equipment if it deems such action necessary.

(3)  All wells and ground heat exchangers shall be constructed or abandoned

and all pumping equipment shall be installed in compliance with this article 91 and with the rules adopted by the board.

Source: L. 67: p. 696, � 10. C.R.S. 1963: � 148-20-10. L. 85: IP(1), (1)(a)(II),

(1)(a)(III), and (2) amended and (3) added, p. 1187, � 13, effective July 1. L. 2025: IP(1), (2), and (3) amended and (1)(c) added, (HB 25-1165), ch. 257, p. 1318, � 26, effective August 6.

Cross references: For the legislative declaration in HB 25-1165, see section 1

of chapter 257, Session Laws of Colorado 2025.

C.R.S. § 37-91-113

37-91-113. Well inspection program. (1) The state engineer shall monitor compliance with this article 91, including by inspecting water well construction, ground heat exchanger installation, and pump installation, and the state engineer may employ inspectors for this purpose. The costs of monitoring and inspection shall be paid from the well inspection cash fund created in section 37-80-111.5.

(2)  Inspectors shall have the following qualifications, but need not be

licensed pursuant to this article 91:

(a)  Knowledge of proper well construction, ground heat exchanger

installation, and pump installation techniques and practices;

(b)  Drill site experience;


(c)  Computer skills;


(d)  Interpersonal skills; and


(e)  Knowledge of all applicable statutes and rules.


(3)  Inspectors shall annually spend a majority of their time conducting field

inspections and a minority of their time preparing and evaluating reports and related office work. Duties include the following:

(a)  Well construction, ground heat exchanger installation, and pump

installation inspection and observation;

(b)  Complaint investigation;


(c)  Education and outreach;


(d)  Inspection and observation of geotechnical wells, observation and

monitoring wells, dewatering wells, and test holes;

(e)  Field inspections of existing wells, ground heat exchangers, and pumps;


(f)  Field inspections of well, ground heat exchanger, and hole plugging and

abandonment; and

(g)  Staff support for the state engineer and board.


Source: L. 2003: Entire section added, p. 1681, � 12, effective May 14. L.

2025: (1), IP(2), (2)(a), IP(3), (3)(a), (3)(e), and (3)(f) amended, (HB 25-1165), ch. 257, p. 1320, � 28, effective August 6.

Cross references: For the legislative declaration in HB 25-1165, see section 1

of chapter 257, Session Laws of Colorado 2025.

Water Right Determination and Administration

ARTICLE 92

Water Right Determination and Administration

Cross references: For the Colorado Rules of Civil Procedure that govern

proceedings under this article, see C.R.C.P. 87.

Law reviews: For article, Representing a Developer Purchaser of Water and

Water Rights, see 13 Colo. Law. 627 (1984); for article, Conditions in a Water Rights Augmentation Plan or Change Case, see 13 Colo. Law. 2039 (1984); for article, Plans and Studies: The Recent Quest for a Utopia in the Utilization of Colorado's Water Resources, see 55 U. Colo. L. Rev. 391 (1984); for article, Principles and Law of Colorado's Nontributary Ground Water, see 62 Den. U. L. Rev 809 (1985); for article, Indian Water Rights: Then and Now, see 15 Colo. Law. 1 (1986); for article, Area-of-Origin Protection in Transbasin Water Diversions: An Evaluation of Alternative Approaches, see 57 U. Colo. L. Rev. 527 (1986); for article, The Physical Solution in Western Water Law, see 57 U. Colo. L. Rev. 445 (1986); for article, Constitutional Limits on Police Power Regulation Affecting the Exercise of Water Rights, see 16 Colo. Law. 1626 (1987); for article, A Summary of Colorado Water Law, see 21 Colo. 63 (1992); for article, Water Law Requirements Affecting Environmental Compliance and Remediation Activities, see 22 Colo. Law. 299 (1993); for article, Absolute Ownership as a Prerequisite For a Change Decree, see 22 Colo. Law. 1915 (1993); for article, Historical Water Use and the Protection of Vested Rights: A Challenge for Colorado Water Law, see 69 U. Colo. L. Rev. 503 (1998); for article, Water Rights Title and Conveyancing, see 28 Colo. Law. 69 (May 1999); for comment, Safeguarding Colorado's Water Supply: The New Confluence of Title Insurance and Water Rights Conveyances, see 77 U. Colo. L. Rev. 491 (2006); for article, Reviving the Public Ownership, Antispeculation, and Beneficial Use Moorings of Prior Appropriation Water Law, see 84 U. Colo. L. Rev. 97 (2013); for article, A Roundtable Discussion on the No-Injury Rule of Colorado Water Law, see 44 Colo. Law. 87 (July 2015); for article, Water Law Basics for Real Estate Practitioners, see 44 Colo. Law. 63 (Nov. 2015); for article, Abandonment as It Relates to Adverse Possession of Water Rights, see 45 Colo. Law. 39 (Feb. 2016).

PART 1

GENERAL

C.R.S. § 37-95-103

37-95-103. Definitions. As used in this article 95:

(1)  Authority means the Colorado water resources and power development

authority created by this article.

(2)  Beneficial use means a use of water, including the method of diversion,

storage, transportation, treatment, and application, that is reasonable and consistent with the public interest in the proper utilization of water resources, including, but not limited to, domestic, agricultural, industrial, power, municipal navigational, fish and wildlife, and recreational uses.

(3)  Board means the board of directors of the authority.


(4)  Bonds means bonds, notes, or other obligations issued by the authority

pursuant to this article.

(4.5)  Clean water act means the Federal Water Pollution Control Act

Amendments of 1972, Pub.L. 92-500, as amended.

(4.7)  (Deleted by amendment, L. 2003, p. 2410, � 4, effective June 5, 2003.)


(4.8)  Drinking water project eligibility list means the list of projects eligible

for financial assistance from the authority through the drinking water revolving fund or its other bonding capabilities, as adopted and from time to time modified in accordance with section 37-95-107.8 (4). The list shall consist of new or existing water management facilities that extend, protect, improve, or replace domestic drinking water supplies in the state of Colorado and may include any domestic drinking water supply projects eligible for financial assistance through a state revolving fund pursuant to the terms of the Safe Drinking Water Act, as defined in subsection (12.2) of this section.

(4.9)  Forest health project means:


(a)  A management action that improves the ecological health of a forest,

including, but not limited to:

(I)  Reducing the threat of uncharacteristically large or intense insect and

disease epidemics;

(II)  Reducing the threat or impact of uncharacteristically large or high-intensity wildfires;


(III)  Reducing the impact of undesirable nonnative species;


(IV)  Replanting trees in burned or otherwise deforested areas; and


(V)  (Deleted by amendment, L. 2021.)


(b)  In addition to the management actions specified in subsections (4.9)(a)(I)

to (4.9)(a)(IV) of this section, improvement of the use of, or addition of value to, small diameter trees and harvesting woody vegetation for, or using woody vegetation in, the production of energy, fuels, forest products, or other applications. A forest health project may, but need not, constitute all or part of a plan adopted by a community under section 23-31-312 (3.5).

(5) (a)  Governmental agencies means departments, divisions, or other units

of state government, special districts, water conservation districts, metropolitan water districts, conservancy districts, irrigation districts, municipal corporations, counties, cities, and other political subdivisions, and the United States or any agency thereof.

(b)  Governmental agencies also includes enterprises and any entity,

agency, commission, or authority established by any governmental agency specified in paragraph (a) of this subsection (5), including, without limitation, those established pursuant to an interstate compact or other intergovernmental compact or agreement.

(6)  Hydroelectric facilities means facilities for the hydrogeneration or

transmission of electric power and energy.

(7)  Notes means notes issued by the authority pursuant to this article.


(8)  Owner includes all individuals, copartnerships, associations,

corporations, or governmental agencies having any title or interest in any property rights, easements, and interests authorized to be acquired by this article.

(9)  Person means any individual, firm, partnership, association, or

corporation, or two or more or any combination thereof.

(10)  Project means any water management facility or hydroelectric facility,

including undivided or other interests therein, acquired or constructed or to be acquired or constructed by the authority under this article, including all buildings and facilities that the authority deems necessary for the operation of the project, together with all property rights, water rights, easements, and interests, including gathering, storage, treatment, and transmission facilities, unless adequate transmission capacity is available from any existing public utility, which may be required for such operation. Project also includes any water management facility, hydroelectric facility, or watershed protection projects and forest health projects financed in whole or in part by the authority.

(10.5)  (Deleted by amendment, L. 2005, p. 38, � 1, effective March 23, 2005.)


(11)  Public roads includes all public highways, roads, railroads, and streets

in the state, whether maintained by the state, a county, a city, or any other political subdivision.

(12)  Public utility facilities includes tracks, pipes, mains, conduits, cables,

wires, towers, poles, and other equipment and appliances of any public utility.

(12.2)  Safe drinking water act means the federal Safe Drinking Water

Act, 42 U.S.C. sec. 300f et seq., as amended or supplemented.

(12.5) (a) (I)  Small water resources project means any water management

facility or hydroelectric facility that is or will be financed in whole or in part by the authority and in which the total amount of financing provided by the authority to any participating governmental agency does not exceed five hundred million dollars.

(II)  (Deleted by amendment, L. 2002, p. 78, � 1, effective March 22, 2002.)


(b) and (c)  (Deleted by amendment, L. 98, p. 142, � 1, effective April 2, 1998.)


(13)  Water management facilities means facilities for the purpose of the

development, use, and protection of water resources, including, without limiting the generality of the foregoing, facilities for water supply and treatment, facilities for streamflow improvement, dams, reservoirs, and other impoundments, water transmission lines, sewerage facilities, water wells and well fields, pumping stations and works for underground water recharge, stream-monitoring systems, and facilities for the stabilization of stream and river banks.

(13.5)  Water pollution control project eligibility list means the list of

projects eligible for financial assistance from the authority through the water pollution control revolving fund or its other bonding capabilities, as adopted and from time to time modified in accordance with section 37-95-107.6 (4). The list shall consist of a project or projects from the project priority list for federal funds adopted by the Colorado water quality control commission for publicly owned treatment works as defined in section 212 of the clean water act and nonpoint source management program projects pursuant to section 319 of the clean water act.

(14)  Water resources means all waters in or arising from rivers, streams,

lakes, ponds, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, underground aquifers, and other bodies, geologic formations, or accumulations of water, either natural or artificial, which are situated wholly or partly within, or which border upon, this state.

(15)  Watershed protection project means an undertaking to improve or

protect a domestic or agricultural supply watershed, including, but not limited to, activities to achieve fire prevention or wildfire hazard reduction or post-fire remediation, soil stabilization, water supply continuance, or water quality maintenance or improvement within the watershed. A watershed protection project does not include undertakings where the purpose is to materially increase water quantity.

Source: L. 81: Entire article added, p. 1795, � 1, effective July 1. L. 82: (4)

amended, p. 542, � 1, effective April 2. L. 83: (10) amended, p. 1441, � 1, effective June 10. L. 88: (4.5) and (10.5) added, p. 1246, � 2, effective April 4. L. 89: (12.5) added, p. 1432, � 2, effective April 18. L. 94: (4.7) added, p. 1373, � 2, effective May 25. L. 95: (4.8) and (12.2) added, p. 937, � 1, effective May 25. L. 98: (5), (6), and (12.5) amended, p. 142, � 1, effective April 2. L. 2002: (12.5)(a) and (13) amended, p. 78, � 1, effective March 22. L. 2003: (4.7) and (12.5)(a)(I) amended, p. 2410, � 4, effective June 5. L. 2005: (10.5) amended and (13.5) added, p. 38, � 1, effective March 23. L. 2008: (4.9) and (15) added and (10) amended, p. 1537, � 1, effective July 1. L. 2013: (4.9) amended, (SB 13-273), ch. 406, p. 2375, � 5, effective June 5. L. 2018: IP and (4.5) amended, (SB 18-019), ch. 6, p. 37, � 1, effective August 8. L. 2021: (4.9) amended, (HB 21-1008), ch. 159, p. 908, � 12, effective May 20.

Cross references: For the legislative declaration in the 2013 act amending

subsection (4.9), see section 1 of chapter 406, Session Laws of Colorado 2013.

C.R.S. § 38-30-102

38-30-102. Water rights conveyed as real estate - well permit transfers - legislative declaration - definitions. (1) The general assembly:

(a)  Finds that the division of water resources in the department of natural

resources needs timely and accurate data regarding well ownership in order to efficiently and accurately account for wells and to ensure that wells are properly constructed and maintained;

(b)  Determines that current data concerning well ownership is inadequate

and that a substantial number of residential real estate transactions that transfer ownership of a well are not reported to the division;

(c)  Determines that current and accurate data is necessary for the state to

notify well owners of any health, safety, water right, or stewardship issues pertaining to their groundwater well; and

(d)  Declares that this section is intended to provide the division with the

information it needs to properly carry out its statutory duties.

(2)  In the conveyance of water rights in all cases, except where the

ownership of stock in ditch companies or other companies constitutes the ownership of a water right, the same formalities shall be observed and complied with as in the conveyance of real estate.

(3) (a)  As used in this subsection (3):


(I)  Closing service means closing and settlement services, as defined in

section 10-11-102, C.R.S.

(II)  Division means the division of water resources in the department of

natural resources.

(III)  Person means any individual, corporation, government or governmental

subdivision or agency, business trust, estate, trust, limited liability company, partnership, association, or other legal entity.

(b) (I)  On and after January 1, 2009, when a buyer of residential real estate

enters into a transaction that results in the transfer of ownership of a small capacity well listed in section 37-90-105 (1)(a) or (1)(b) or a domestic exempt water well used for ordinary household purposes that is listed in section 37-92-602 (1)(b) or (1)(e), the buyer shall complete a change in owner name form for the well in compliance with section 37-90-143; except that, if an existing well has not yet been registered with the division, the buyer shall complete a registration of existing well form for the well within sixty-three days after closing the transaction.

(II)  The residential real estate contract approved by the real estate

commission created in section 12-10-206 shall require the buyer to complete the appropriate form for the well and, if no person will be providing a closing service in connection with the transaction, to file the form with the division within sixty days after closing.

(c) (I)  If a person provides a closing service in connection with a residential

real estate transaction subject to this subsection (3), that person shall:

(A)  Within sixty days after closing, submit the change in owner name form to

the division with as much information as is available, even if the well has not yet been registered with the division; and

(B)  Not be liable for delaying the closing of the transaction in order to ensure

that the buyer completes the form required by subsection (3)(b)(I) of this section. If the closing is delayed pursuant to this subsection (3)(c)(I)(B), neither the buyer nor the seller shall have any claim under this section for relief against the buyer, the seller, the person who provided closing services, a title insurance company regulated pursuant to article 11 of title 10, or any person licensed pursuant to article 10 of title 12.

(II)  If no person provides such closing service, the buyer shall submit the

appropriate form within the deadline specified in sub-subparagraph (A) of subparagraph (I) of this paragraph (c) and pay the applicable fee.

(III)  If the change in owner name form described in subsection (3)(c)(I)(A) of

this section does not include a valid well permit number, the division shall instruct the buyer to complete a new change in owner name form or registration of existing well form, as applicable, and the buyer shall submit the applicable form to the division.

Source: L. 1893: p. 298, � 1. R.S. 08: � 669. C.L. � 4870. CSA: C. 40, � 2. CRS

53: � 118-1-2. C.R.S. 1963: � 118-1-2. L. 2008: Entire section amended, p. 192, � 1, effective January 1, 2009. L. 2019: (3)(b)(II) and (3)(c)(I)(B) amended, (HB 19-1172), ch. 136, p. 1722, � 231, effective October 1. L. 2023: (3)(b)(I) and (3)(c)(I)(A) amended and (3)(c)(III) added, (HB 23-1125), ch. 47, p. 174, � 2, effective August 7.

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)