Colorado Code § 37-90-137

Permits to construct wells outside designated basins - fees - permit no groundwater right - evidence - time limitation - well permits - rules
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(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(2) (a) (I) Repealed.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 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 of others will not be materially injured; and
(B) Except as specified in subparagraph (II) of this paragraph (b), the location of the
proposed well will be more than six hundred feet from an existing well.
(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 sub-subparagraph (B) of this subparagraph (II), the state engineer may
issue a permit without regard to the limitation specified in sub-subparagraph (B) of subparagraph
(I) of this paragraph (b); except that no hearing shall be required and the state engineer may issue
a well permit without regard to the limitation specified in sub-subparagraph (B) of subparagraph
(I) of this paragraph (b):
(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;
(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;
(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 such 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.
(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.
(3) (a) (I) A permit to construct a well outside the boundaries of a designated
groundwater basin issued on or after April 21, 1967, shall expire one year after issuance unless,
before the expiration and on forms as may be prescribed by the state engineer, the applicant to
whom the permit was issued, or the well construction contractor, furnishes to the state engineer:
(A) Evidence that the well was constructed and that the pump was installed; or
(B) A showing of good cause as to why the well has not been constructed nor the pump
installed and an estimate of time necessary to complete the tasks, upon which the state engineer
may extend the permit for only one additional period, not to exceed one year. The limitation on
the extension of well permits provided in this sub-subparagraph (B) shall not apply to well
permits for federally authorized water projects contained in paragraph (d) of this subsection (3).
The state engineer shall charge a fee of two hundred dollars for the extension; except that, on
and after July 1, 2006, the state engineer shall charge a fee of sixty dollars for the extension.
(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 and that the pump was installed, as
required pursuant to paragraph (a) of this subsection (3), has not been received as of the
expiration date of the permit to construct a well, the state engineer shall so notify the applicant
by certified mail. The notice shall give the applicant the opportunity to submit evidence that the
well was constructed and that the pump was installed before the expiration date. The evidence
must be received by the state engineer within twenty-one days after receipt of the notice by the
applicant and must be accompanied by a filing fee of thirty dollars. If the state engineer finds the
evidence to be satisfactory, the permit shall remain in force and effect. The state engineer shall
consider any records available in the state engineer's office, any evidence provided to the state
engineer, and all other matters set forth in this section in determining whether the permit should
remain in force and effect.
(d) In the case of federally authorized water projects wherein well permits are required
by this section and have been secured, the expiration dates thereof may be extended for
additional periods 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.
(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.
(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.

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