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.
A notice of the rulemaking hearing was published by the Secretary of State in the Colorado Register on September 25, 2017. The Commission’s Notice of Public Rulemaking Hearing (Case no. 17GW04), the wording of the rule change proposed by Staff as published in the Colorado Register, and a proposed Statement of Basis and Purpose, all dated September 5, 2017, are available to view and download here on our FTP Site. Also available at the aforementioned link are the requests for party status, prehearing statements submitted by the parties to the hearing, and written comments received from persons not parties to the hearing.
The Commission initiated the public rulemaking hearing during its quarterly November 3, 2017 meeting. During the hearing the Commission directed Staff to review the rulemaking by considering adopting historical irrigated acres, rather than the historical depletions to the aquifer, as the standard for evaluation of changes of description of irrigated acres. The Commission continued the rulemaking hearing until its quarterly February 16, 2018 meeting, at which Staff will present to the Commission its proposed changes to the amendment of Rule 7.4.
The proposed changes to the amendment of Rule 7.4 which Staff will present to the Commission will be posted on the ftp site referenced above prior to the continuance of the hearing at the Commission’s quarterly February 16, 2018 meeting.
The location of the February 16, 2018 continuation of the public rulemaking hearing will be at 1313 Sherman Street, Room 318, Denver, CO 80203.
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.