C.R.S. Section 37-90-102
Legislative declaration

(1)

It is declared that the traditional policy of the state of Colorado, requiring the water resources of this state to be devoted to beneficial use in reasonable amounts through appropriation, is affirmed with respect to the designated groundwaters of this state, as said waters are defined in section 37-90-103 (6). While the doctrine of prior appropriation is recognized, such doctrine should be modified to permit the full economic development of designated groundwater resources. Prior appropriations of groundwater should be protected and reasonable groundwater pumping levels maintained, but not to include the maintenance of historical water levels. All designated groundwaters in this state are therefore declared to be subject to appropriation in the manner defined in this article.

(2)

The general assembly finds and declares that the allocation of nontributary groundwater pursuant to statute is based upon the best available evidence at this time. The general assembly recognizes the unique, finite nature of nontributary groundwater resources outside of designated groundwater basins and declares that such nontributary groundwater shall be devoted to beneficial use in amounts based upon conservation of the resource and protection of vested water rights. Economic development of this resource shall allow for the reduction of hydrostatic pressure levels and aquifer water levels consistent with the protection of appropriative rights in the natural stream system. The doctrine of prior appropriation shall not apply to nontributary groundwater. To continue the development of nontributary groundwater resources consonant with conservation shall be the policy of this state. Such water shall be allocated as provided in this article upon the basis of ownership of the overlying land. This policy is a reasonable exercise of the general assembly’s plenary power over this resource.

(3)

Repealed.

Source: Section 37-90-102 — Legislative declaration, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-37.­pdf (accessed Oct. 20, 2023).

37‑90‑101
Short title 37‑90‑102
Legislative declaration 37‑90‑103
Definitions - repeal 37‑90‑104
Commission - organization - expenses 37‑90‑105
Small capacity wells 37‑90‑106
Determination of designated groundwater basins - exception - legislative declaration - repeal 37‑90‑107
Application for use of groundwater - publication of notice - conditional permit - hearing on objections - well permits 37‑90‑107.5
Replacement plans 37‑90‑107.6
Aquifer storage-and-recovery plans - publication - objection - hearing - rules 37‑90‑108
Final permit - evidence of well construction and beneficial use - limitations 37‑90‑109
Priority - discontinuance orders - grounds 37‑90‑110
Powers of the state engineer 37‑90‑111
Powers of the ground water commission - limitations 37‑90‑111.5
Well enforcement - injunction - fines 37‑90‑112
Notice - publication 37‑90‑113
Hearings 37‑90‑114
Other administrative hearings 37‑90‑115
Judicial review of actions of the ground water commission or the state engineer 37‑90‑116
Fees 37‑90‑117
Water conservation board - duties 37‑90‑118
Ground water management districts - formation 37‑90‑119
Creation of districts - proposal - submission - changes - proposed boundaries 37‑90‑120
Management districts - petition - signatures required - filing 37‑90‑121
Management districts - petition - contents - minor defects - amendment 37‑90‑122
Management district - petition - certification of signatures - hearing - notice - publication 37‑90‑123
Management districts - hearing - objections - change of boundaries 37‑90‑124
Election on organization 37‑90‑125
Filing decree 37‑90‑126
Management district - directors - qualifications - oath or affirmation - bond - vacancies 37‑90‑127
Management district - directors - election - term of office 37‑90‑128
Management district - directors - no compensation - expenses 37‑90‑129
Management district - officers - election 37‑90‑130
Management districts - board of directors - enforcement 37‑90‑131
Management district - board of directors - control measures - hearing - notice - publication - order 37‑90‑132
Management district - board of directors - taxes - levy - limitation 37‑90‑133
Management district - claims - warrants - payment 37‑90‑134
Management district - issuance of bonds - indebtedness - submission to electors 37‑90‑135
Management district - dissolution - procedure - funds - disposition 37‑90‑137
Permits to construct wells outside designated basins - fees - permit no groundwater right - evidence - time limitation - well permits - rules 37‑90‑138
Waste - violations - permits 37‑90‑139
Existing beneficial uses not recorded - fee 37‑90‑140
Inclusion of lands 37‑90‑141
Exclusion of lands 37‑90‑142
State engineer - action upon permit 37‑90‑143
Owners of well permits - update for name and contact information
Green check means up to date. Up to date

Current through Fall 2024

§ 37-90-102’s source at colorado​.gov