C.R.S. Section 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: Section 37-90-138 — Waste - violations - permits, 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

§ 37-90-138’s source at colorado​.gov