SB-136 Delayed Replacement Well Depletions (Shaffer/Hodge)

Posted on February 2, 2008 in Colorado Legislation

Background: Permits a junior well diverter to withhold making replacements of well depletions otherwise required pursuant to a plan of augmentation during the nonirrigation season if the division engineer determines that downstream senior reservoirs will fill even in the absence of such replacements. Requires such replacements to occur if the division engineer later determines that such reservoirs will not otherwise fill. Authorizes the state engineer to adopt a rule or the division engineers to adopt a policy for procedural requirements for applications to withhold the replacement of well depletions during nonirrigation season, including evidentiary requirements, notice, opportunity to comment, hearings, whether formal or informal, and the right to an appeal.
Most Recent Action: 3/5 killed in Senate Ag
Position: Monitor