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Rulemaking Rule 7.4 

NOTICE: RULEMAKING PROCESS TO CHANGE DESIGNATED BASIN RULE 7.4

The Ground Water Commission (Commission) would like to make all interested parties aware that it is proceeding with the process to possibly amend Rule 7.4 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 here

The purpose of the proposed amendment to Rule 7.4 is to prevent a well from increasing depletions of designated ground water beyond the well’s historical depletions when changing the description of irrigated acres allowed to be irrigated by the well.  The Commission provided pubic notification of the proposal to amend 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 the change in the rule – the opportunity to present their thoughts, ideas, and reasoned opinions on the proposed change.

The proposed change to Rule 7.4 initially proposed by the Staff of the Commission and presented to the Commission at its August 11, 2017 meeting required a historical use analysis for all changes of description of irrigated acres.  In the August 11 meeting the Commission gave approval to Staff to proceed with the formal process to change the rule. 

After further consideration of comments made at the August 11, 2017 meeting, Staff of the Commission has revised the proposed change so that a historical use analysis is not required if the change of description and number of acres is to those acres under which the irrigation right was established and which have continued to be irrigated since the right was established.  A draft of the wording of the rule change currently proposed by Staff of the Commission is available to view and download here.  A proposed Statement of Basis, Specific Statutory Authority, and Purpose for the rule change is available to view and download here.

The Commission is going to hold a public rulemaking hearing during its November 3, 2017 meeting.  Notice of the rulemaking hearing will be published by the Secretary of State in the Colorado Register on September 25, 2017.  The Commission’s Notice of Public Rulemaking Hearing is available to view and download here.  Instructions and deadlines on applying for party status, submitting written comments and prehearing briefs, and making oral presentations for the hearing are explained in the Notice of Public Rulemaking Hearing.  Prehearing Statements submitted by parties to the hearing, and other written comments that may be submitted, will be made available on the Commission’s webpage after October 20, 2017, the date they are required to be submitted. 

This webpage 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, or request additional information concerning this rulemaking, by emailing Keith.vanderhorst@state.co.us, or by phone at 303-866-3581 ext. 8266.