2 CCR 402-16
DEPARTMENT OF NATURAL RESOURCES Division of Water Resources RULES AND REGULATIONS GOVERNING THE MEASUREMENT OF GROUND WATER DIVERSIONS LOCATED IN THE REPUBLICAN RIVER BASIN WITHIN WATER DIVISION NO. 1 2 CCR 402-16 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________
16.1 Authority
These Rules and Regulations are adopted pursuant to the authority in sections 37-80-102(1)(g) and 37- 80-104, C.R.S. and are intended to be consistent with the requirements of the State Administrative Procedure Act, section 24-4-101 et seq., C.R.S.
16.2 Scope and Purpose
A. These Rules are applicable to all Wells located in the Republican River Basin in Water Division No. 1 except decreed and/or permitted “exempt” Wells constructed pursuant to paragraphs (b) through
B. The purpose of these Rules is to obtain information needed for administration of the waters in the Republican River Basin within Water Division No. 1 subject to the Republican River Compact and to assist in compliance with the Republican River Compact.
16.3 Applicability
The provisions of this section shall be applicable to all Wells within the Republican River Basin not specifically exempted by these Rules.
16.4 Definitions
A. As used in these Rules:
B. Any other term used in these Rules that is defined in sections 37-80-102, 37-80-104, 37-90-103, 37- 90-107, 37-90-137 or 37-92-103, C.R.S., (as may be amended) shall have the same meaning given therein.
C. Any term used in these Rules not defined herein that is defined in other Rules and Regulations of the State Engineer applicable to Water Division No. 1 shall have the same meaning given therein.
16.5 Measurement Devices
By March 1, 2009, all Wells within the scope of these Rules shall either: (1) be equipped with a totalizing flow meter that is installed and maintained according to manufacturer's specifications and recommendations; (2) be equipped with an alternative method of measurement that is granted a variance pursuant to these Rules; or (3) be declared inactive in accordance with Rule 16.9 below. All measurement devices must be tamper-resistant.
A. Totalizing Flow Meter
B. Alternative Methods of Measurement The State Engineer may approve a variance to the installation of a totalizing flow meter if it can be demonstrated by a Qualified Well Tester that the proposed alternative method would produce results accurate to within plus or minus 5% of the actual volume pumped over a calendar year.
C. Complex or Compound Systems If the Well(s) are part of a Complex System or Compound System, or if the pump is not powered by electricity, or the Well produces from a confined aquifer, the owner or user of the Well must utilize a totalizing flow meter (Rule 16.5.A.).
D. Testing Equipment Calibration.
16.6 Notice of Compliance
Code of Colorado Regulations 4 All owners of Wells within the scope of these Rules who install totalizing flow meters shall provide written notice to the State Engineer by March 1, 2009, on a form to be prescribed by the State Engineer that includes: (1) the name and address of the owner of the Well(s); (2) the name and address of the user of the Well(s) (if different than the owner); (3) the Well permit number(s); (4) the decree or case number(s) (if applicable); (5) the legal description of the location of the Well(s); (6) a legal description and map or drawing of land irrigated; (7) the type or method of irrigation; (8) the meter manufacturer, the meter model number and the meter size; (9) the meter serial number(s); (10) the volumetric units (gallons or acre-feet);
(11) the name of power utility company and power company account number (if applicable); (12) the kilowatt hour meter reading on the date of installation (if applicable); (13) the beginning totalizing flow meter reading; (14) and the date of installation. The State Engineer shall be notified of any change of method of Well measurement on a form prescribed by the State Engineer within 30 days of such change.
16.7 Notice of Compliance with Variance Terms and Conditions
All owners of Wells within the scope of these Rules who obtain a variance from installation of a totalizing flow meter shall, by March 1, 2009, or March 1 of the first calendar year in which the variance is in effect, provide in writing to the State Engineer such information as specified in the terms and conditions of the approved variance.
16.8 Data Submission
A. Annual Reporting All owners of Wells within the scope of these Rules shall report in writing the annual amounts of water pumped from Wells for the period of November 1 to October 31 and, for irrigation Wells, the method of irrigation (flood, center-pivot, etc.), to the State Engineer no later than December 1, 2009 and every year thereafter. Amounts pumped shall be reported more frequently if required by the State Engineer.
B. Forms and Notification Data shall be submitted on forms prescribed by the State Engineer. Such forms shall also include consent to release power data to the State Engineer If the power account number associated with a Well changes for any reason, the user must notify the State Engineer of the new account number on a form prescribed by the State Engineer within 45 calendar days following the change.
16.9 Inactive Well
Code of Colorado Regulations 5 An owner of an Inactive Well must provide a notarized affidavit, on a form prescribed by the State Engineer, filed with the State Engineer by March 1 of the year in which the Well will be in inactive status. Once an Inactive Well affidavit is filed with the State Engineer no further filings are required under these Rules unless the owner or user wishes to change the Well from inactive status to active status. When an owner or user desires to change an Inactive Well to active status, written Notification to the State Engineer is required prior to activation. A Well listed as inactive under this Rule 16.9 shall not be used until such Notification is given and the Well is in compliance with the requirements of these Rules.
16.10 Water not to be Withdrawn
No water shall be withdrawn from any Well that is not in compliance with these Rules except to verify the accuracy of the totalizing flow meter or to verify the accuracy of an approved alternative measurement method.
16.11 Noncompliance
Failure to comply with any of these Rules may subject the Well owner and/or user to court proceedings and the state's costs, including reasonable attorney’s fees, associated with enforcement of these Rules. Prior to filing any court action, the State Engineer shall notify the Well owner and/or user (or both if known by records maintained by the State Engineer) of the violation in writing by Certified Mail and shall advise the Well owner and/or user of the date by which the violation must be corrected to avoid court proceedings, which date shall be at least ten calendar days following the date of receipt of the notice by the Well owner and/or user or personal service of the notice on the Well owner and/or user.
16.12 Variance
When the strict application of any provisions of these Rules would cause unusual hardship, the State Engineer may grant a variance. Any request for a variance shall be made in writing and shall state the basis, with supporting technical data and other documentation, for the requested variance. If the State Engineer finds the request justifiable, the State Engineer may issue a written order granting the variance and setting forth the terms and conditions on which the variance is granted. Variance requests are granted at the sole discretion of the State Engineer.
16.13 Effect of Rules on Other Wells
Nothing in these Rules shall be construed to preclude the State Engineer from requiring metering of withdrawals, periodic reporting of such withdrawals, and cessation of excessive withdrawals from Wells not covered by these Rules.
16.14 Effect of Rules on Prior Rules of the State Engineer
As of March 1, 2009, these Rules shall supersede any previous Rules or regulations governing the measurement of any ground water diversions located in the Republican River Basin in Water Division No. 1.
16.15 Severability
If any portion of these Rules is found to be invalid, the remaining portion of the Rules shall remain in force and in effect.
16.16 Revisions
These Rules may be revised in accordance with section 24-4-103, C.R.S. Code of Colorado Regulations 6
16.17 Statement of Basis and Purpose Incorporated by Reference
The Statement of Basis and Purpose for these Republican River Measurement Rules is incorporated herein as part of these Rules.
16.18 Effective Date
These Rules shall become effective on December 1, 2008, and shall remain in effect until amended as provided by law.
IT IS FURTHER ORDERED that any persons wishing to protest these Rules may do so in the manner provided in sections 24-4-101 et seq., C.R.S., (the State Administrative Procedure Act). APPENDIX A – Exempt Wells (b) Wells not exceeding fifteen gallons per minute of production and used for ordinary household purposes, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches and for the irrigation of not over one acre of home gardens and lawns but not used for more than three single-family dwellings;
(c) Wells not exceeding fifteen gallons per minute of production and used for drinking and sanitary facilities in individual commercial businesses;
(d) Wells to be used exclusively for fire-fighting purposes if said Wells are capped, locked, and available for use only in fighting fires;
(e) Wells not exceeding fifty gallons per minute which were in production as of May 22, 1971, and were and are used for ordinary household purposes for not more than three single-family dwellings, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches and for the irrigation of not over one acre of gardens and lawns; and (f) Wells to be used exclusively for monitoring and observation purposes if said Wells are capped and locked and used only to monitor water levels or for water quality sampling. (3)(b)(II)(A) Wells exempted under paragraph (b), above, that are the only Well on a residential site, that are used solely for ordinary household purposes inside a single-family dwelling and are not used for irrigation or are the only Well on a tract of land of thirty-five acres or more or are the only Well on a cluster development lot, serving one single-family residence, where the ratio of water usage in the cluster development does not exceed one acre-foot of annual withdrawals for each thirty- five acres within the cluster development and is used solely for the purposes specified in paragraph (b), above, and the return flow from such uses are returned to the same stream system in which the Well is located.
APPENDIX B – Small Capacity Wells (a) Wells not exceeding fifty gallons per minute and used for no more than three single-family dwellings, including the normal operations associated with such dwellings but not including the irrigation of more than one acre of land;
(b) Wells not exceeding fifty gallons per minute and used for watering of livestock on range and pasture;
(c) (I) One well not exceeding fifty gallons per minute and used in one commercial business.
(d) Wells to be used exclusively for monitoring and observation purposes if said Wells are capped and locked and used only to monitor water levels or for water quality sampling; or (e) Wells to be used exclusively for fire-fighting purposes if said Wells are capped and locked and available for use only in fighting fires.
APPENDIX C -- Republican River Basin Code of Colorado Regulations 8 Code of Colorado Regulations 9 APPENDIX D -- Republican River Basin, Metes and Bounds All the following are west of the 6th P.M.
T. 11 N, R. 42 W., Sections 7, 8, 17, 18, 19, 20, 29, 30, 31, and 32 -- T. 11 N., R. 43 W., Sections 13 thru 16 (incl.), and 20 thru 36 (incl.) -- T. 11 N., R. 44 W., Sections 25 thru 29 (incl.) and 31 thru 36 (incl.) -- T. 10 N., R. 42 W., thru R. 44 W., (incl.), All Sections -- T. 10 N., R. 45 W., Sections 1 thru 4 (incl.), and 7 thru 36 (incl.) -- T. 10 N., R. 46 W., Sections 8 thru 36 (incl.) -- T. 10 N., R. 47 W., Sections 13, 24 thru 28 (incl.), and 32 thru 36 (incl.) -- T. 9 N., R. 42 W., thru R. 47 W., (incl.), All Sections -- T. 9 N., R. 48 W., Sections 1, 2, 9 thru 17 (incl.), and 19 thru 36 (incl.) -- T. 9 N., R. 49 W., Sections 23, 24, 25, 26, 27, and 33, 34, 35, 36 -- T. 8 N., R. 42 W., thru R. 49 W. (incl.), All Sections -- T. 8 N., R. 50 W., Sections 11 thru 15 (incl.), 21 thru 29 (incl.), and 32 thru 36 (incl.) -- T. 7 N., R. 42 W., thru R. 50 W. (incl.), All Sections -- T. 7 N., R. 51 W., Sections 12, 13, 14, 23, 24, 25, 26, 35, and 36 -- T. 6 N., R. 42 W., thru R. 50 W. (incl.), All Sections -- T. 6 N., R. 51 W., Sections 1, 2, 3, 9 thru 16 (incl.), 20 thru 28 (incl.), and 33, 34, 35, 36 -- T. 5 N., R. 42 W., thru R. 50 W. (incl.), All Sections -- T. 5 N., R. 51 W., Sections 1, 2, 3, 4, 8 thru 17(incl.), and 19 thru 36 (incl.) -- T. 4 N., R. 42 W., thru R. 50 W. (incl.), All Sections -- T. 4 N., R. 51 W., Sections 1, 2, 3, 4, 5, 8 thru 17 (incl.), 19 thru 27 (incl.), and 33, 34, 35, 36 -- T. 3 N., R. 42 W., thru R. 50 W. (incl.), All Sections -- T. 3 N., R. 51 W., Sections 1, 2, 3, 4, 5, and 7 thru 36 (incl.) -- T. 3 N., R. 52 W., Sections 13, 14, 15, 21 thru 28 (incl.), and 33, 34, 35, 36 T. 2 N., R. 42 W., thru R. 51 W (incl.), All Sections T. 2 N., R. 52 W., Sections 1, 2, 3, 10 thru 15 (incl.), 22 thru 27 (incl.) and 31 thru 36 (incl.) T. 2 N., R. 53 W., Section 36 -- Code of Colorado Regulations 10 T. 1 N., R. 42 W., thru R. 52 W. (incl.), All Sections -- T. 1 N., R. 53 W., Sections 1, 11, 12, 13, 14, 15, 22 thru 27 (incl.) and 34, 35, 36 -- T. 1 S., R. 42 W., thru R. 52 W. (incl.), All Sections -- T. 1 S., R, 53 W., Sections 1, 2, 3, 10 thru 15 (incl.), 22 thru 27 (incl.) and 33, 34, 35, 36 -- T. 2 S., R. 42 W., thru R. 52 W. (incl.) All Sections -- T. 2 S., R. 53 W., Sections 1, 2, 3, 10 thru 15 (incl.), 22 thru 29 (incl.), and 32, 33, 34, 35, 36 -- T. 3 S., R. 42 W., thru R. 52 W (incl.), All sections -- T. 3 S., R. 53 W., Sections 1 thru 5 (incl.), 9 thru 16 (incl.), 21 thru 28 (incl.), 33, 34, 35, 36 -- T. 4 S., R. 42 W., thru R. 52 W. (incl.), All Sections -- T. 4 S., R. 53 W., Sections 1, 2, 3, 4, 9 thru 16 (incl.), and 20 thru 36 (incl.) -- T. 5 S., R. 42 W., thru R. 53 W. (incl.), All Sections -- T. 5 S., R. 54 W., Sections 11 thru 16 (incl.) and 19 thru 36 (incl.) -- T. 5 S., R. 55 W., Sections 25, 34, 35, and 36 -- T. 5.5 S., R. 42 W., thru R. 50 W. (incl.), All Sections -- T. 6 S., R. 42 W., thru R. 54 W. (incl.), All Sections -- T. 6 S., R. 55 W., Sections 1, 2, 3, 10 thru 16 (incl.), and 20 thru 36 (incl.) -- T. 7 S., R. 42 W., thru R. 55 W. (incl.), All Sections -- T. 7 S., R. 56 W., Sections 1, 2, 3, 4, 9 thru 16 (incl.), and 21 thru 36 (incl.) -- T. 8 S., R. 42 W., thru R. 55 W. (incl.) All Sections -- T. 8 S., R. 56 W., Sections 1 thru 6 (incl.), and 9, 10, 11, 12 -- T. 9 S., R. 42 W., thru R. 52 W. (incl.), All Sections -- T. 9 S., R. 53 W., Sections 1 thru 31 (incl.), and 34, 35, 36 -- T. 9 S., R. 54 W., Sections 1 thru 26 (incl.), and 36 -- T. 9 S., R. 55 W., Sections 1, 2, 3, 4, 11, 12, and 13 T. 10 S., R. 43 W., Section 4, 5, 6, and 7 T. 10 S., R. 44 W., Sections 1 thru 12 (incl.), and 16 thru 20 (incl.) T. 10 S., R. 45 W., Sections 1 thru 34 (incl.)
T. 10 S., R. 46 W., thru R. 52 W. (incl.), All Sections -- Code of Colorado Regulations 11 T. 10 S., R. 53 W., Sections 1 thru 3 (incl.), 10 thru 15 (incl.), 22 thru 26 (incl.), 35, and 36 T. 11 S., R. 45 W., Sections 3, 4, and 6 T. 11 S., R. 46 W., Sections 1, 2, 3, 5, and 6 T. 11 S., R. 47 W., Sections 1 thru 12 (incl.), and 16 thru 19 (incl.) T. 11 S., R. 48 W., Sections 1 thru 32 -- T. 11 S., R. 49 W., thru R. 50 W. (incl.), All Sections T. 11 S., R. 51 W., Sections 1 thru 30 (incl.), N/2 of 33, 35, and 36 T. 11 S., R. 52 W., Sections 1 thru 6 (incl.), 8 thru 16 (incl.), and 22 thru 27 (incl.) T. 11 S., R. 53 W., Section 1.
____________________________________________________ Editor’s Notes History Entire rule effective 12/1/2008.
Code of Colorado Regulations 12