§ 37-90-109 — Priority - discontinuance orders - grounds

Colorado § 37-90-109

• Jurisdiction: Colorado
• Title 37: Water and
• Art.: Underground Water

Text

(1) Priority of claims
for the appropriation of designated groundwater shall be determined by the
doctrine of prior appropriation. All claims based on actual taking of designated
groundwater for beneficial use prior to May 17, 1965, shall be determined by the
doctrine of prior appropriation and shall relate back to the date of placing
designated groundwater to beneficial use. All claims for the beneficial use of
designated groundwater initiated after May 17, 1965, shall relate back to the date
of filing of an application with the commission, unless such application is rejected.

(2) In order to establish priority of a claim to appropriate designated
groundwater which has existed prior to May 17, 1965, a priority date shall be
awarded to each well based upon the time the water was first applied to a
beneficial use. The date shown in the records now filed in the state engineer's
office shall be prima facie evidence of the date the water was first applied to
beneficial use. All wells constructed as replacements for or as supplements to
original wells for the same beneficial use shall be considered as a unit and awarded
a priority date of the earliest well.

(3) As soon as practical after the establishment of a designated
groundwater basin, the commission shall establish tentative priority dates for the
respective wells within such designated groundwater basin, or subdivisions thereof,
in accordance with the information contained in its files. The commission may
require such additional information from the well claimant as will permit it to make
a proper determination of the priority date and may request such other information
as is required to be set forth in a final permit pursuant to section 37-90-108 (5). If
the claimant fails or refuses to furnish the requested information within a period of
thirty days, the commission may proceed to make a determination from the records
available.

(4) After establishing the proposed priority date and after receiving the
information required by section 37-90-108 (5) for the final permit on claims for the
beneficial use of designated groundwater, the commission shall order the state
engineer to issue a final permit to appropriate designated groundwater in the
manner and pursuant to the standards set forth in section 37-90-108 for final
permits; except that a final permit is not required to be issued for a well described
in a conditional permit issued on or after July 1, 1991, to withdraw designated
groundwater from a bedrock aquifer and except that this section does not apply to
any final priority lists established by the commission prior to January 1, 1985, and
any final permits issued pursuant to said lists.

(5) and (6) Repealed.

Legislative History

Source: L. 65: R&RE, p. 1252, � 1. C.R.S. 1963: � 148-18-8. L. 71: p. 1314, � 7. L. 79: (4) R&RE, p. 1373, � 3, effective June 7. L. 85: (2) and(3) amended, (4) R&RE, and (5) and (6) repealed, pp. 1174, 1175, 1178, �� 3, 4, 14, effective May 31. L. 98: (4) amended, p. 1220, � 8, effective August 5. L. 2025: (4) amended, (HB 25-1014), ch. 388, p. 2185, � 4, effective August 6.