§ 37-90-110 — Powers of the state engineer

Colorado § 37-90-110

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

Text

(1) In the administration and
enforcement of this article and in the effectuation of the policy of this state to
conserve its groundwater resources and for the protection of vested rights, the
state engineer, either in the state engineer's own capacity or as the executive
director of the commission, is empowered:

(a) To require all flowing wells to be equipped with valves so that the flow of
water can be controlled;

(b) To require both flowing and nonflowing wells to be so constructed and
maintained as to prevent the waste of groundwaters through leaky wells, casings,
pipes, fittings, valves, or pumps, either above or below the land surface;

(c) To go upon all lands, both public and private, for the purpose of
inspecting wells, pumps, casings, pipes, fittings, and measuring devices, including
wells used or claimed to be used for domestic or stock purposes;

(d) To order the cessation of the use of a well pending the correction of any
defect that the state engineer has ordered corrected;

(e) To commence actions to enjoin the illegal opening or excavation of wells
or withdrawal or use of water therefrom and to appear and become a party to any
action or proceeding pending in any court or administrative agency when it appears
that the determination of such action or proceeding might result in depletion of the
groundwater resources of the state contrary to the public policy expressed in this
article or might injure vested rights of other appropriators;

(f) To take such action as may be required to enforce compliance with any
regulation, control, or order promulgated pursuant to the provisions of this article;

(g) To issue to the owners or users of wells pumping designated
groundwater in the state such orders as are necessary to implement the provisions
of this section and section 37-90-111. In addition to any other method of giving
notice, the mailing of the order in a certified letter to the well owner or operator,
together with the posting of a written order, in plain sight, at the well head, shall be
considered sufficient notice of the order of the state engineer, and, when so posted,
the order shall be effective from the time of posting.

(h) To administer the movement of water involved in any commission-issued
replacement plan or plan for augmentation involving designated groundwater. In
such administration, the state engineer shall issue such orders as are necessary
and appropriate.

(i) To order any person supplying energy used to pump designated
groundwater to provide, at reasonable times, records of energy used to pump
groundwater. The state engineer may exercise this authority only in connection with
an alleged violation of this article. Suppliers of energy used to pump groundwater
shall not be required to maintain records of energy used to pump groundwater
more than five years after the year in which the energy is consumed. Suppliers of
energy used to pump groundwater shall be held harmless from any and all civil or
criminal liability with respect to the transfer of records pursuant to this section.
Nothing contained in this paragraph (i) shall affect any reporting requirements of
the public utilities commission pursuant to section 40-3-110, C.R.S. This paragraph
(i) shall not apply to any person diverting by means of a well described in section
37-90-105 (1)(a).

Legislative History

Source: L. 65: R&RE, p. 1253, � 1. C.R.S. 1963: � 148-18-9. L. 71: p. 1318, � 17. L. 94: IP(1) and (1)(f) amended, p. 1747, � 2, effective July 1. L. 2004: IP(1) amended and (1)(g), (1)(h), and (1)(i) added, p. 1164, � 1, effective May 27.