2 CCR 402-17 Rules and Regulations For the Determination of the Nontributary Nature of Ground Water Produced Through Wells In Conjunction With the Mining of Minerals [Details]
Library | Colorado Administrative Code |
Edition | 2023 |
Currency | Current through Register Vol. 46, No. 24, December 25, 2023 |
Citation | 2 CCR 402-17 |
Year | 2023 |
17.1
- The title of these rules and regulations is "Rules and
Regulations for the Determination of the Nontributary Nature of Ground Water
Produced through Wells in Conjunction with the Mining of Minerals." The short
title of these rules and regulations is "Produced Nontributary Ground Water
Rules" and in this document the rules and regulations may be referred to as
"Rules."
17.2
- These Rules are promulgated pursuant to the authority granted
the State Engineer in House Bill 09-1303, Section 3, as codified at section
C.R.S.; and section
37-90-137(7)(c)
C.R.S. 37-80-102(1)(g)
17.3
-
A. The purpose of
these Rules is to assist the State Engineer with administration in the case of
dewatering of geologic formations by withdrawing nontributary ground water to
facilitate or permit the mining of minerals.
-
B. These Rules establish procedures pursuant
to which an operator may petition the State Engineer for a determination that
water that is being or that may be withdrawn from geologic formations to
facilitate or permit the mining of minerals is nontributary, as defined at
section (10.5), C.R.S. These
Rules further identify certain areas, locations and formations within the State
of Colorado where the State Engineer shall regard ground water removed from
geologic formations to facilitate or permit mining of minerals to be
nontributary. 37-90-103
-
C. These Rules
provide for the use of engineering and scientific methodologies, including the
use and results of ground water modeling or other ground water characteristics
such as water chemistry, hydrogeology, or other scientifically based
approaches, that an applicant may rely upon in support of a petition for a
nontributary determination.
-
D.
These Rules apply only to ground water removed from geologic formations to
facilitate or permit mining of minerals. Consistent with section
C.R.S., the State Engineer is adopting these Rules to assist with his
administration of ground water withdrawn to facilitate or permit the mining of
minerals. Consistent with the intent of House Bill 09-1303, such administration
includes the State Engineer using nontributary determinations made pursuant to
these Rules for purposes of issuing water well permits pursuant to section
37-90-137(7)(c)
C.R.S., and to obviate the need for administration of wells subject to
permitting consideration, as allowed by sections
37-90-137(7) and
37-90-137(7) ,
C.R.S.. The State Engineer shall not use these Rules for permitting of wells
pursuant to section
37-92-305(11),
C.R.S. 37-90-137(4)
-
E. These Rules do not apply
to any aquifer or portion thereof that contains designated ground water and is
located within the boundaries of a designated ground water basin.
-
F. These Rules and regulations shall not be
construed to establish the jurisdiction of either the State of Colorado or the
Southern Ute Indian Tribe over nontributary ground water within the boundaries
of the Southern Ute Indian Reservation as recognized in
17.4
-
A. Statutory Definitions. The terms listed
below have the identical meaning as in the referenced statutes:
-
B. Specific Definitions. Unless expressly
stated otherwise or the context otherwise requires:
-
C. Other Definitions. All other words used
herein shall be given their usual, customary, and accepted meanings. All words
of a technical nature specific to the well drilling industry shall be given the
meaning that is generally accepted in that industry. All words of a technical
or legal nature specific to the State of Colorado water rights administration
shall be given the meaning that is generally accepted within that
field.
17.5
- Any person may seek to amend these Rules, through applicable
rulemaking procedures, to identify areas within the State of Colorado where the
State Engineer shall regard Produced Water to be nontributary, or to amend,
based on factual information not presented at the time of adoption, the Rules
to exclude areas previously determined to be nontributary pursuant to these
Rules or any amendment thereof. An amendment excluding areas previously
determined to be nontributary will not invalidate any existing permits issued
pursuant to these Rules or otherwise cause the State Engineer to change his
administration of wells in existence prior to such amendment. As an alternative
to requesting a rulemaking proceeding, an Operator may obtain a determination
regarding the nontributary nature of Produced Water through an adjudicatory
proceeding before the State Engineer. Any such request for a nontributary
determination must be submitted pursuant to the procedures set forth in this
Rule 17.5.
- These Rules do not preclude any Operator from obtaining a
determination regarding the nontributary nature of Produced Water, for the
purpose of section
,
C.R.S., through an appropriate proceeding before the Water Court. 37-90-137(7)
-
A. Submittal of Petition for a Determination
of Nontributary Ground Water
-
B. Notice and Comment
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