Artificial Recharge Extraction Rules
Artificial Recharge Extraction outside of the Denver Basin
On March 30, 2017 Governor Hickenlooper signed House Bill 17-1076 into law. Section 37-90-137(9)(d), C.R.S. directs the state engineer to conduct rulemaking for the extraction of water artificially recharged into the nontributary Denver Basin aquifers. The Denver Basin Extraction Rules (2 CCR 402-11) were finalized in 1995. House Bill 17-1076 amended section 137(9)(d) to direct the State Engineer to promulgate rules that apply to the permitting and use of water artificially recharged into nontributary groundwater aquifers outside of the Denver Basin by July 1, 2018. These rules do not apply in the Designated Basins.
The State Engineer’s approach is to modify the existing Denver Basin Extraction Rules to add nontributary aquifers outside of the Denver Basin. The process of drafting the revised extraction rules began in late 2017 with the State Engineer gathering input from a small group of interested stakeholders. The State Engineer’s Office filed a notice of rulemaking hearing for publication in the Colorado Register on March 25, 2018. The hearing was held on May 1. The Rules were adopted by the State Engineer on May 14. They will be published in the Colorado Register on June 10 and will become effective June 30, 2018.
Direct any questions about this process to Tracy Kosloff by email: Tracy.Kosloff@state.co.us.