(1) It is declared that the traditional policy of the state of Colorado, requiring the water resources of this state to be devoted to beneficial use in reasonable amounts through appropriation, is affirmed with respect to the designated groundwaters of this state, as said waters are defined in section 37-90-103 (6). While the doctrine of prior appropriation is recognized, such doctrine should be modified to permit the full economic development of designated groundwater resources. Prior appropriations of groundwater should be protected and reasonable groundwater pumping levels maintained, but not to include the maintenance of historical water levels. All designated groundwaters in this state are therefore declared to be subject to appropriation in the manner defined in this article.
(2) The general assembly finds and declares that the allocation of nontributary groundwater pursuant to statute is based upon the best available evidence at this time. The general assembly recognizes the unique, finite nature of nontributary groundwater resources outside of designated groundwater basins and declares that such nontributary groundwater shall be devoted to beneficial use in amounts based upon conservation of the resource and protection of vested water rights. Economic development of this resource shall allow for the reduction of hydrostatic pressure levels and aquifer water levels consistent with the protection of appropriative rights in the natural stream system. The doctrine of prior appropriation shall not apply to nontributary groundwater. To continue the development of nontributary groundwater resources consonant with conservation shall be the policy of this state. Such water shall be allocated as provided in this article upon the basis of ownership of the overlying land. This policy is a reasonable exercise of the general assembly's plenary power over this resource.
(3) Repealed.
Source: L. 65: R&RE, p. 1246, § 1. C.R.S. 1963: § 148-18-1. L. 85: Entire section amended, p. 1160, § 1, effective July 1. L. 98: (3) added, p. 852, § 1, effective May 26. L. 2001:
(3) amended, p.158, § 1, effective March 28. L. 2003: (3) amended, p. 1596, § 2, effective May 2. Editor's note: Subsection (3)(b) provided for the repeal of subsection (3), effective July 1, 2004. (See L. 1998, p. 852.)
Notes of Decisions
City of Aurora v. Colorado State Eng'r, 105 P.3d 595 (Colo. 2005).
· cites it 4× “PCSR also argues that the adoption of House *609 Bill 98-1011, codified in sections 37-90-102(3), 37-90-137(12), and 37-92-305(6)(c), 10 C.”
Thompson v. Colorado Ground Water Comm'n, 575 P.2d 372 (Colo. 1978).
· cites it 16× “" Section 37-90-102, C.R.S.1973. The commission's policy of permitting no more than 40% depletion within 25 years, adopted in 1967, effected the modification contemplated by the legislature.”
Danielson v. Kerbs Ag., Inc., 646 P.2d 363 (Colo. 1982).
· cites it 12× “See section 37-90-102, C.R.S. 1973. See also North Kiowa Bijou Management District v.”
Colorado Ground Water Comm'n v. North Kiowa-Bijou Groundwater Mgmt. Dist., 77 P.3d 62 (Colo. 2003).
· cites it 8× “1996); compare § 37-90-102(1) with § 111(5), are similarly entitled to a determination of that right without automatically engaging the statutory requirements, and time constraints, for construction of a well and application of the water to a beneficial use.”
Qualls, Inc. v. Berryman, 789 P.2d 1095 (Colo. 1990).
· cites it 16× “The 1985 amendments added a subsection (2) to section 37-90-102. That subsection provides: The general assembly finds and declares that the allocation of nontributary ground water pursuant to statute is based upon the best available evidence at this time.”
State Ex Rel. Danielson v. Vickroy, 627 P.2d 752 (Colo. 1981).
· cites it 7× “1973, was enacted in 1965 to establish a procedure for appropriation of designated ground water and for devoting it to beneficial use.”
Gallegos v. Colorado Ground Water Comm'n, 147 P.3d 20 (Colo. 2006).
· cites it 2× “§ 37-90-102(1). Under the modified system, the Commission is charged with the task of permitting the full economic development of designated ground water resources, protecting prior appropriators of designated ground water, and allowing for reasonable depletion of the aquifer.”
Parker Water & Sanitation Dist., a Colorado special Dist., Applicant-Appellant: v. Kevin G. Rein, in his Off. capacities as the State Eng'r for the State of Colorado & Dir. of the Colorado Div. of Water Resources; Colorado Div. of Water Resources; & Corey DeAngelis, in his Off. capacity as the Div. Eng'r for Div. 1; Appellees: & Meridian Metro. Dist., Arapahoe Cnty. Water & Wastewater Auth., East Cherry Creek Valley Water & Sanitation Dist., Rangeview Metro. Dist., Town of Castle Rock, Cherry Creek Proj. Water Auth., & South Metro Water Supply Auth., Intervenors-Appellants: & City of Aurora & City of Greeley, Intervenors-Appellees:, 2024 CO 71 (Colo. 2024).
· cites it 15× “1 , §37-90-102 (2) , 1985 Colo. Sess. Laws 1160 , 1160-61 .”
Jaeger v. Colorado Ground Water Comission, 746 P.2d 515 (Colo. 1987).
· cites it 9× “at 370 , and we stated that: It is therefore apparent from section 37-90-102 that the principles underlying the doctrine of prior appropriation are applicable to a designated ground water basin, modified only by the policy against any unreasonable depletion of the aquifer in the…”
— Colo. Rev. Stat. § 37-90-102(1) — 11 cases
Gallegos v. Colorado Ground Water Comm'n, 147 P.3d 20 (Colo. 2006).
“§ 37-90-102(1). Under the modified system, the Commission is charged with the task of permitting the full economic development of designated ground water resources, protecting prior appropriators of designated ground water, and allowing for reasonable depletion of the aquifer.”
Jaeger v. Colorado Ground Water Comission, 746 P.2d 515 (Colo. 1987).
“at 370 , and we stated that: It is therefore apparent from section 37-90-102 that the principles underlying the doctrine of prior appropriation are applicable to a designated ground water basin, modified only by the policy against any unreasonable depletion of the aquifer in the…”
— Colo. Rev. Stat. § 37-90-102(2) — 10 cases
Qualls, Inc. v. Berryman, 789 P.2d 1095 (Colo. 1990).
“The 1985 amendments added a subsection (2) to section 37-90-102. That subsection provides: The general assembly finds and declares that the allocation of nontributary ground water pursuant to statute is based upon the best available evidence at this time.”
Parker Water & Sanitation Dist., a Colorado special Dist., Applicant-Appellant: v. Kevin G. Rein, in his Off. capacities as the State Eng'r for the State of Colorado & Dir. of the Colorado Div. of Water Resources; Colorado Div. of Water Resources; & Corey DeAngelis, in his Off. capacity as the Div. Eng'r for Div. 1; Appellees: & Meridian Metro. Dist., Arapahoe Cnty. Water & Wastewater Auth., East Cherry Creek Valley Water & Sanitation Dist., Rangeview Metro. Dist., Town of Castle Rock, Cherry Creek Proj. Water Auth., & South Metro Water Supply Auth., Intervenors-Appellants: & City of Aurora & City of Greeley, Intervenors-Appellees:, 2024 CO 71 (Colo. 2024).
“1 , §37-90-102 (2) , 1985 Colo. Sess. Laws 1160 , 1160-61 .”
— Colo. Rev. Stat. § 37-90-102(3) — 2 cases
City of Aurora v. Colorado State Eng'r, 105 P.3d 595 (Colo. 2005).
“PCSR also argues that the adoption of House *609 Bill 98-1011, codified in sections 37-90-102(3), 37-90-137(12), and 37-92-305(6)(c), 10 C.”
— Colo. Rev. Stat. § 37-90-102(3)(a) — 1 case
City of Aurora v. Colorado State Eng'r, 105 P.3d 595 (Colo. 2005).
“PCSR also argues that the adoption of House *609 Bill 98-1011, codified in sections 37-90-102(3), 37-90-137(12), and 37-92-305(6)(c), 10 C.”
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