§ 35-11-105 — Issuance of provisional chemigation permit - fees

Colorado § 35-11-105

• Jurisdiction: Colorado
• Title 35: Agriculture
• Art.: Colorado Chemigation Act

Text

(1) On and
after July 1, 1987, and before January 1, 1990, any person who intends to utilize
chemigation may, before commencing, file with the department an application for a
provisional chemigation permit for each irrigation system utilizing chemigation.
Such application shall be on forms provided by the department.

(2) An applicant for a provisional chemigation permit shall, on the
application, certify that the irrigation system for which the applicant is seeking a
permit includes properly installed and functioning equipment in compliance with
section 35-11-107.

(3) Upon receipt of a complete application for a provisional chemigation
permit, the department may issue a provisional chemigation permit to the applicant
for a specific irrigation system. The permit holder shall attach, in a prominent place,
the permit to the irrigation system for which the permit was issued.

(4) The fee for a provisional chemigation permit and the annual renewal
permit shall be established by rule and regulation of the commissioner and shall
reflect all direct and indirect costs for the administration of this article but shall not
exceed fifty dollars. The inspection fee for a provisional chemigation permit shall
be established by the commissioner and shall reflect all direct and indirect costs of
the inspection but shall not exceed forty dollars. A provisional chemigation permit
shall expire on March 31 of the year subsequent to the date the provisional
chemigation permit was issued. The reinstatement fee for an expired provisional
chemigation permit shall be double the amount of the fee for a provisional
chemigation permit. A provisional chemigation permit shall not be assignable. The
amount of indirect costs assessed under this subsection (4) shall be based on the
number of FTE in the program expressed as a percentage of the total FTE in the
department. In no case shall the indirect costs assessment exceed this percentage.

(5) In the event that a ground water management district contracts with the
department for the enforcement of the provisions of this article pursuant to the
provisions of section 35-11-113, the amount of the provisional fee and the annual
renewal fee for persons utilizing chemigation within such district shall be in an
amount up to twenty dollars, as established by the commissioner. There shall be no
state inspection fee for inspections made within such district.

Legislative History

Source: L. 87: Entire article RC&RE, p. 1280, � 1, effective July 1. L. 88: (4) amended and (5) added, p. 1220, � 2, effective July 1. L. 2025: (2) amended, (HB 25-1084), ch. 24, p. 106, � 52, effective August 6.