RULEMAKING PROCESS TO AMEND DESIGNATED BASIN RULES 5.6 & 5.8
The Ground Water Commission (Commission) would like to make all interested parties aware that it is in the process to possibly amend Rules 5.6 and 5.8 of the Rules and Regulations for the Management and Control of Designated Ground Water (Designated Basin Rules). The proposed amendments to Rules 5.6 and 5.8 clarify and detail the standards of applying for and approving replacement plans and aquifer storage and recovery plans. The current Designated Basin Rules are available to view and download here.
The Commission provided public notification of the proposal to amend the rules and provided opportunity for public input designed to give Stakeholders – all who have an interest in Designated Ground Water and may be affected by the change in the rules – the opportunity to present their thoughts, ideas, and reasoned opinions on the proposed change. Staff of the Commission held public meetings to allow for input.
In its August 11, 2017 meeting the Commission directed its Staff and Hearing Officer to proceed with the formal rulemaking process. A notice of public rulemaking hearing was filed with the Secretary of State on November 27, 2017 and published in the Colorado Register on December 10, 2017. An Amended Notice of Public Rulemaking Hearing was filed with the Secretary of State and published in the Colorado Register on September 10, 2018.
The Commission’s Hearing Officer held a rulemaking hearing on November 27, 2018, and on January 25, 2019 issued his “Recommendations of the Hearing Officer Concerning Adoption of Amendments to Rules 5.6 and 5.8 of the Rules and Regulations for the Management and Control of Designated Groundwater”. That Recommendation and other documents related to the rulemaking process and hearing (case no. 17GW05) are available to view and download here.
The matter of these proposed amendments to Rules 5.6 and 5.8 have been placed on the agenda of the Commission’s February 15, 2019 meeting for its decision on the Hearing Officer’s Recommendation.
This web page will be updated with additional information on the rulemaking process as it becomes available. We are also using email to keep in contact with any interested party that wishes to receive notifications and updates on the process. Anyone may be added to the email notification list by emailing Keith.Vanderhorst@state.co.us.