STATEMENT OF BASIS AND PURPOSE Pursuant to the provisions and requirements of the Chemigation Act to regulate the application of fertilizers or pesticides to land or crop through irrigation systems, Title 35, Article 11, CRS, the following rules and regulations are hereby promulgated.

The purpose of these rules and regulations is to comply with the provisions of the associated statute and to provide specific guidelines for the safe and effective application of fertilizers and pesticides to land or crops through irrigation systems.

The regulations are designed to:

Set standards for the installation and maintenance of antisyphoning devices within irrigation systems employing chemigation that will prevent the contamination of ground waters in the event of a power or equipment malfunction;

Establish inspection procedures;

Establish procedures and policies for entering into agreements with ground water management districts for the purposes of enforcing the provisions of Article 11 within the boundaries of the district; Set procedures for monitoring the activities of ground water management districts that have entered into agreements with the Department; and Determine permit and inspection fees.

SECTION 1. TERMS DEFINED AND CONSTRUED 1.01. All terms used in the singular form in these rules shall include the plural, and vice versa, as the case may be. All terms used in these rules shall have the meaning set forth for such terms in the Act. In addition the following terms shall be defined as follows. 1.02. “Backflow prevention check valve” means a valve to prevent backflow of irrigation water. 1.03. “Chemical injection line check valve” means the check valve in the chemical injection line. 1.04. “District” means ground water management district. 1.05. “Irrigator” or “Chemigator” means any person employing any device or combination of devices having a hose, pipe, or other conduit, which connects directly to any source of ground or surface water through which water or a mixture of water and chemicals is drawn and applied for agricultural or horticultural purposes.

1.06. “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. 1.07. “Permit holder” means the owner or operator of land who applies or authorized the application of chemical to such land by means of chemigation. The permit holder shall be the party primarily responsible for any liability arising from chemigation on the property. 1.08. “Permittee” means the person to whom the permit is issued. 1.09. “Pipeline check valve” means a backflow prevention pipeline check valve. SECTION 2. AFFIDAVIT OF NON-CHEMIGATION 2.01. Affidavits shall be submitted annually by March 31 by persons who do not utilize or intend to utilize chemigation. Such affidavits shall be made on a form provided by the Department. 2.02. The affidavit shall provide:

(a) Name, address and telephone number of the irrigator;

(b) Legal description of the location of the irrigation water source; and (c) Signature and date of affidavit.

SECTION 3. CHEMIGATION PERMITS 3.01. No person shall apply or authorize the application of chemicals to land or crops through the use of chemigation, unless such person has first obtained a permit from the Department, except that nothing in this chapter shall require a person to obtain a chemigation permit to pump or divert water to or through a open discharge system.

3.02. An application must be filed with the Department for any one of the following chemigation systems:

(a) One water source feeding to a single injection site.

(b) One water source feeding to more than a single injection site.

(c) More than one water source feeding to a single injection site. 3.03. The following information is the minimum requirement of the Department:

(a) Name, address and telephone number of applicant;

(b) Name, address and telephone number of operator, if different from above;

(c) Calendar year for which application is made;

(d) Legal description of the injection location site, defined to the quarter of quarter section (forty- acre increment);

(e) Whether the application is for an initial or renewal permit;

(f) Certification that the permit applicant's irrigation system includes properly installed and functioning equipment in compliance with the provisions of the Colorado Chemigation Act and Regulations;

(g) Signature of the permit applicant and date of signing. 3.04. All applications for a chemigation permit must be completed on forms provided by the Department. Applications for renewal permits shall be mailed to permittees not later than February 1 of each year.

3.05. The Department shall provide each permittee an annual certificate of the permit as evidence of purchase and payment for the permit.

3.06. The Department shall deny a permit and/or renewal to any applicant for the following reasons:

(a) The applicant has failed to provide the required information;

(b) The backflow prevention device does not comply with the equipment standards;

(c) Failure of the applicant to remit the appropriate fee and all outstanding inspection fees;

(d) Fraud or deceit was used in obtaining a permit.

3.07. The permit holder shall notify the Department in writing within ten days of any changes in the information provided on the permit application.

3.08. Permits shall expire at midnight on March 31 of the year subsequent to the date the permit was issued.

3.09. A permit may be renewed each year upon payment of the annual renewal fee and completion of an application form providing all the information requirements. 3.10. Permits not renewed on or before their expiration date shall not be reinstated without filing a new application.

3.11. Permits are not transferable.

SECTION 4. PERMIT AND INSPECTION FEES 4.01 The annual permit fee shall be forty-five dollars ($45.00) for permits issued to permit holders outside of Groundwater Management Districts that have contracted with the Department for enforcement of Section 35-11-113 of the Chemigation Act, effective January 1, 1993.

4.02 The annual permit fee shall be forty-five dollars ($45.00) for permit holders within Groundwater Management Districts that have contracted with the Department for enforcement of Section 35- 11-113 of the Chemigation Act, effective January 1, 1993. 4.03. The inspection fee shall be forty dollars ($40.00) for the inspections conducted by the Commissioner.

4.04. Upon completion of an inspection of a chemigation system conducted by the Commissioner, the permit holder shall be provided a billing for inspection of each chemigation system. 4.05. Payment of the inspection fee shall be made to the Department within forty-five (45) days of the date of the inspection for inspections conducted by the Commissioner. 4.06. Failure to submit payment of the inspection fee(s) to the Department or to a Groundwater Management District shall constitute a violation of these rules and regulations and shall be grounds for suspension or revocation of the permit.

4.07. No permit shall be renewed until the permittee has paid all outstanding inspection fees. 4.08. In the event that it is apparent to the Commissioner that no willful violation has occurred, there shall be no fee charged for the first reinspection of any system that fails to meet the standards set forth in Section 6.16 of these rules and regulations.

(a) A permittee who fails to correct a malfunctioning system by the time of the first reinspection by the Commissioner shall be required to pay the inspection fee for any subsequent inspection.

4.09. Each irrigation system for which a permit has been issued may be inspected at least once every two years.

SECTION 5. ENFORCEMENT AGREEMENTS (GROUND WATER MANAGEMENT DISTRICTS) 5.01. The Department may enter into an agreement with any ground water management district which can demonstrate the availability of properly trained and equipped staff to carry out the provisions of the statute and rules and regulations promulgated thereunder. 5.02. As used in section 5.01, “properly trained staff” refers to employees who have substantially similar training and skills as the chemigation inspectors employed by the Department, including:

(a) Knowledge of pesticide and fertilizer toxicities and hazards;

(b) Ability to investigate, collect and preserve evidence for use in administrative or court proceedings;

(c) Knowledge of the state chemigation laws, rules, and regulations pertaining to it;

(d) Knowledge of irrigation systems and how chemigation is implemented;

(e) Ability to establish and maintain effective working relationships with growers being regulated;

(f) Ability to express oneself clearly and concisely, both orally, and in writing;

(g) Skill in making thorough inspections of chemigation equipment and making judgments concerning corrective actions.

5.03. As used in section 5.01, “properly equipped staff” means that the district's chemigation enforcement staff are furnished withoperational and protective equipment which is substantially similar to such equipment which the Department furnishes for the use of its chemigation inspectors in the performance of their duties.

5.04. In the event a district desires to withdraw from an agreement, the district shall provide the Department one year's notice of said intent. In the event a district desires to renew an agreement, it shall notify the Department of such intent not less than one year prior to the expiration date of the agreement.

5.05. Each district having a current enforcement agreement in effect shall submit an annual report to the Department on or before June 1 of each year, which shall include the following information for the previous year:

(a) The number of chemigation system inspections made by the district at each injection site identified and whether the inspections were initial inspections, for equipment replacement or repair, or routine monitoring;

(b) The number of violation notices issued and actions taken. 5.06. The district shall maintain a complete file of all records, communications, and other written materials which will pertain to the operation of programs or the delivery of services under the Agreement, and shall maintain such records for a period of three (3) years, or for such further period as the Department may request. The District shall permit the Department or other authorized governmental agency to audit and/or inspect its records during the term of the Agreement and for a period of two (2) years following the termination of the Agreement. SECTION 6. EQUIPMENT, STANDARDS AND INSTALLATION 6.01. Any irrigation distribution system through which chemigation is performed, except open discharge systems, shall be equipped with the mechanical devices specified below. The equipment shall be permanently installed in accordance with the manufacturer's specifications and at the location specified therein.

6.02. The irrigation pipeline check valve shall be located in the pipeline between the irrigation pump and the point of chemical injection into the irrigation pipeline. Its purpose is to prevent reverse flow, which is a mixture of water and chemical draining or siphoning back into the irrigation water source.

6.03. Irrigation systems which, as of July 1, 1989, were equipped with a properly located irrigation pipeline check valve shall be considered in compliance with these rules if the valve provides a seal against reverse flow as per established criteria in Section 7.01 (b) of these rules and regulations.

6.04. All models of pipeline check valves and chemical injection line check valves installed on an irrigation distribution system after July 1, 1989, shall be tested and certified to the Department by the Colorado Water Resources Research Institute, Colorado State University. The manufacturer or assembler of the valves shall have a production line valve of each model and each size tested by the Institute.

6.05. The vacuum relief valve shall be located on the pipeline between the irrigation pump and the irrigation pipeline check valve. Its purpose is to prevent creation of a vacuum in the pipeline and possible reverse flow into the water source when the pump stops. 6.06. The vacuum relief valve shall be sized in accordance with the manufacturer's specifications. 6.07. If the vacuum relief valve connection will also serve as the inspection port, the permit holder will ensure removal of the valve at the time of inspection. The inspection port shall be located on the pipeline between the irrigation pump and the irrigation pipeline check valve. The inspection port shall be situated in such a manner that the inlet to the low pressure drain can be observed. A minimum four-inch or larger diameter port is required. If a chemigation system has a vacuum relief valve of a minimum two inch diameter, which was in place as of the effective date of these rules, and the irrigator will ensure its removal at the time of each inspection, such valve may be used as the inspection port.

6.08. An automatic low-pressure drain shall be located so as to drain any water-chemical mixture which may enter the pipeline between the irrigation pump and the irrigation pipeline check valves by reverse flow when the pump stops. When the pipeline water flow stops, the drain valve shall automatically open. A tube, pipe or other conduit shall be used to discharge the solution at least twenty feet downslope from the irrigation water source or otherwise prevent it from collecting on the ground surface around the well casing.

6.09. The drain valve shall be constructed of corrosion resistant material or otherwise coated or protected to prevent corrosion.

6.10. The drain shall have an orifice of at least three-quarter inch diameter. 6.11. The chemical injection line check valve shall be located at the point of chemical injection into the irrigation pipeline. Its purpose is to prevent flow of water from the irrigation system into the chemical supply tank and to prevent gravity flow from the chemical supply tank into the irrigation pipeline. The valve shall be constructed of chemically resistant materials. The valve shall be designed to prevent water in the irrigation pipeline under operating pressure from entering the chemical injection line.

6.12. The chemical injection line check valve(s) shall be designed to have a minimum opening (cracking) pressure of twenty psi. When the chemical injection pump is shut down, the valve shall prevent any leakage by gravity flow from the chemical supply tank into the irrigation pipeline. 6.13. The irrigation pumping plant and the chemical injection pump shall be interlocked so that if the pumping plant stops, the injection pump will also stop. Its purpose is to prevent pumping chemicals into the irrigation pipeline after the irrigation pump stops. 6.14. REPEALED.

6.15. Replacement equipment shall meet specified requirements and in the case of irrigation pipeline check valves, shall meet the following minimum requirements:

(a) The valve body and all components shall be constructed of corrosion resistant materials or otherwise coated or protected to prevent corrosion;

(b) The valve shall contain a sealing mechanism designed to close prior to or at the moment water ceases to flow in the downstream direction. This mechanism shall be either diaphragm-actuated by hydraulic line pressure, spring loaded or weight loaded to provide a watertight seal against reverse flow;

(c) All moving components of the valve shall be designed to prevent binding, distortion or misalignment during water flow; and (d) The valve shall be designed to allow repair and maintenance, including removal from the pipeline if required to perform such work.

6.16. The equipment required in these rules and regulations shall be maintained in working condition. When required, the equipment shall be repaired to its originally designed condition. SECTION 7. LABORATORY TEST CRITERIA 7.01. The following test criteria apply to laboratory test for irrigation pipeline check valves:

(a) Leakage test. The valve shall be tested for reverse flow leakage in the horizontal position under a static head of five feet (1.524 meters) of water in the downstream portion of the valve housing. The test shall run continuously for 16 hours at normal room temperature. No leakage through the check valve shall occur as evidenced by wetting of paper placed in the valve housing.

(b) High pressure test. The valve shall be tested in the horizontal position under a static head of 100 pounds per square inch (psi). The test shall last for one minute at normal room temperature. “Weeping” at valve seats is acceptable at less than one fluid ounce per hour (29.57 ml/hr) per inch of nominal valve diameter.

7.02. The following laboratory test criteria apply to chemical injection line check valves:

(a) Leakage test. The valve shall be tested for reverse flow leakage under a static pressure of 100 psi. The test shall run continuously for eight hours at normal room temperature. No leakage shall occur as evidenced by wetting of paper placed in the valve housing.

(b) Cracking (opening) pressure test. The valve shall be tested for cracking pressure under a variable static water pressure on the upstream side. The valve shall have a minimum cracking pressure of twenty pounds per square inch.

(c) Closing pressure test. The valve shall be tested for closing pressure under a variale static water pressure on the upstream side. This test will involve a systematic pressure reduction until the valve closes with no evidence of leakage beyond the valve seat. The valve shall have a minimum closing pressure of 10 psi.

Section 8. EXEMPTIONS In those instances in which irrigation water is drawn from a reservoir at an elevation higher than the point of chemical injection, the permittee may be exempted from Section 35-11-107(1)(a), (b) or(c) of the Chemigation Act if there is no possibility that the water source can be polluted or contaminated as the result of utilizing such irrigation system for chemigation. SECTION 9. SEVERABILITY If any clause, paragraph, subsection or section of these regulations shall be held invalid, it shall be conclusively presumed that the remainder of these regulations not directly related to such clause, paragraph, subsection or section shall not be invalid.

The effective date of these Rules and Regulations is July 1, 1989.