C.R.S. Section 37-90-104
Commission

  • organization
  • expenses

(1)

There is created the ground water commission, which consists of twelve members, nine of whom are appointed by the governor and confirmed by the senate. The ground water commission is a
type 1
entity, as defined in section 24-1-105.

(2)

Intentionally left blank —Ed.

(a)

All appointments to the commission are for terms of four years, except those made to fill vacancies, which shall be for the remainder of the term vacated.

(b)

Appointments by the governor shall be made as follows:

(I)

Six members who are resident agriculturists of designated groundwater basins, with no more than two resident agriculturists from the same groundwater basin to be members of the commission at the same time;

(II)

One member who is a resident agriculturist and who is from water division 3; and

(III)

Two residents of the state of Colorado who represent municipal or industrial water users of the state, one of whom is from the area west of the continental divide.

(3)

In addition to the appointed members, the commission includes:

(a)

The executive director of the department of natural resources, who is a voting member;

(b)

The state engineer, who is a nonvoting member; and

(c)

The director of the Colorado water conservation board, who is a nonvoting member.

(4)

Intentionally left blank —Ed.

(a)

Six voting members constitutes a quorum at any regularly or specially called meeting of the commission, and a majority vote of those present shall rule.

(b)

The commission shall establish and maintain a schedule of at least four general meetings each year. The chair, at the chair’s discretion, or two voting members may call special meetings of the commission to dispose of accumulated business.

(5)

Members of the commission shall be paid no compensation but shall be paid actual necessary expenses incurred by them in the performance of their duties as members and a per diem of fifty dollars per day while performing official duties, not to exceed two thousand four hundred dollars in any year.

(6)

Intentionally left blank —Ed.

(a)

The commission shall biennially select a chair and vice-chair from among the appointed members.

(b)

The state engineer shall be ex officio the executive director of the commission and shall carry out and enforce the decisions, orders, and policies of the commission.

(c)

The commission may delegate to the executive director the authority to perform any of the functions of the commission as set forth in this article 90 except the determination of a designated groundwater basin as set forth in section 37-90-106 and the creation of ground water management districts.

(d)

If any person is dissatisfied with any action of the executive director under the exercise of the powers delegated by the commission, the person may appeal said action to the commission, which shall hear the person’s appeals as specified in sections 37-90-113 and 37-90-114.

(7)

The provisions of section 24-6-402 (3)(a)(II) concerning imminent court action, as applied to the ground water commission and to any member, employee, contractor, agent, servant, attorney, or consultant of the commission, shall not include any actions within the scope of sections 37-90-106 to 37-90-109 and section 37-90-111.

Source: Section 37-90-104 — Commission - organization - expenses, 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

§ 37-90-104’s source at colorado​.gov