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Rulemaking Rule 5.2.9 



The Ground Water Commission (Commission) would like to make all interested parties aware that it is proceeding with the process to amend Rule 5.2.9 of the Rules and Regulations for the Management and Control of Designated Ground Water (Designated Basin Rules).  The current Designated Basin Rules are available to view and download hereThe process was initiated by a petition to amend Rule 5.2.9, which is available to view and download here.

The proposed change to Rule 5.2.9 would be a determination that the Alluvial Aquifer, and all of the Fan and White River Aquifers, in the Upper Crow Creek Designated Basin are over appropriated, requiring approval of a replacement plan to obtain new permits for large capacity wells in those aquifers.  The wording of the proposed rule change is available to view and download here.

The Commission provided public notification of the proposed amendment of the rule and provided an opportunity for public input designed to give Stakeholders ― all who have an interest in Designated Ground Water and may be affected by a change in the Rules ― the opportunity to present their thoughts, ideas, and reasoned opinions on the proposed change.

The Commission is going to hold a rulemaking hearing during its February 17, 2017 meeting.  Notice of the rulemaking hearing will be published by the Secretary of State in the Colorado Register on December 25, 2016.  The Commission’s Notice of Public Rulemaking Hearing is available to view and download here.  Instructions on applying for party status, submitting written comments, and making oral presentations for the hearing are explained in the Notice of Public Rulemaking Hearing.

The Prehearing Statements that have been submitted by parties to the hearing are available to the public.  Staff’s Prehearing Statement contains a proposed Statement of Basis, Specific Statutory Authority, and Purpose concerning the rule change (revised on February 3, 2017).  Also the Petitioners Prehearing Statement is available to view and download here.  Written comments on the proposal that have been submitted by persons other than parties to the hearing are available to view and download here.

For additional information concerning this rulemaking, please contact Keith Vander Horst of the Ground Water Commission staff at or 303-866-3581 ext. 8266, or Rick Nielsen at or 303-866-3581 ext. 8237.