Colorado § 37-90-138 Waste - violations - permits

Colorado Statutes

§ 37-90-138 — Waste - violations - permits

Colorado·Title 37 Water and·Art. Underground Water

(1)The state engineer in cooperation with the commission has power to regulate the drilling and construction of all wells in the state of Colorado to the extent necessary to prevent the waste of water and the injury to or destruction of other water resources and shall require well drillers and private drillers to file a log of each well drilled whether or not exempt by virtue of section 37-90-105. The state engineer shall adopt such rules and regulations as are necessary to accomplish the purposes of this section.

(2)If the state engineer finds any well to have been drilled or maintained in a manner or condition or to be withdrawing groundwater contrary to this article or the rules issued under this article, the state engineer shall immediately notify the user in writing of th

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(1) The state engineer in
cooperation with the commission has power to regulate the drilling and
construction of all wells in the state of Colorado to the extent necessary to prevent
the waste of water and the injury to or destruction of other water resources and
shall require well drillers and private drillers to file a log of each well drilled
whether or not exempt by virtue of section 37-90-105. The state engineer shall
adopt such rules and regulations as are necessary to accomplish the purposes of
this section.

(2) If the state engineer finds any well to have been drilled or maintained in a
manner or condition or to be withdrawing groundwater contrary to this article or the
rules issued under this article, the state engineer shall immediately notify the user
in writing of the violation and give the user time as may reasonably be necessary,
not to exceed sixty days, to correct deficiencies. If the user fails or refuses to
correct the deficiencies within the allowed time, the state engineer is authorized to
enter upon the user's land and do whatever is necessary in order that the user
comply with this article or rules issued under this article. Prior to August 1, 2010,
this subsection (2) does not apply to oil and gas wells. For an oil and gas well in
existence on March 22, 2010, for which a well permit is required by this section, a
well permit application shall be submitted to the state engineer on or before April
30, 2010. For an oil and gas well to be constructed between March 22, 2010, and
August 1, 2010, for which a well permit is required by this section, a well permit
application shall be submitted to the state engineer on or before June 15, 2010. All
oil and gas wells to be constructed after August 1, 2010, for which a well permit is
required by this section shall have a well permit prior to producing groundwater.

(3) No well construction contractor, pump installer, private pump installer, or
private driller shall construct a new well or otherwise do work on any well requiring
authority from the state engineer or commission until a permit with respect thereto
has been secured for such work.

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Legislative History

Source: L. 65: R&RE, p. 1266, � 1. C.R.S. 1963: � 148-18-37. L. 67: p. 697, � 14. L. 92: (3) amended, p. 2300, � 6, effective March 19. L. 2009: (2) amended, (HB 09-1303), ch. 390, p. 2110, � 4, effective June 2. L. 2010: (2) amended, (SB 10-165), ch. 31, p. 113, � 2, effective March 22.