HB 20-1069 — Add Water Well Inspectors Identify High-risk Wells

20-0329.01 Richard Sweetman x4333 HOUSE BILL 20-1069 HOUSE SPONSORSHIP Saine and Titone, SENATE SPONSORSHIP Sonnenberg and Coram, House Committees Senate Committees Rural Affairs & Agriculture Finance Appropriations A BILL FOR AN ACT CONCERNINGC THEONCERNINGTHEINSPECTIONOFWATERWELLS INSPECTION,AND OF,INCONNECTION WATERTHEREWITH WELLS, MAKING AN APPROPRIATION .

The bill requires the state board of water well construction and pump installation contractors, on or before November 1, 2020, to promulgate rules for identifying high-risk water wells that should be prioritizedforinspection.Thereafter,thestateengineershallusetherules to identify high-risk water wells and shall prioritize the inspection of Shading denotes HOUSE amendment.

prioritizedforinspection.Thereafter,thestateengineershallusetherules to identify high-risk water wells and shall prioritize the inspection of high-risk water wells.

TheThebillclarifiesthatmoneyin billclarifiesthatmoneyinthewellthe well inspection cash fundfundshall shall be appropriated to and expended by the state engineer only for the well inspection program.

(1) ThestateengineershallmonitorcompliancewiththisarticleTICLEThestateengineershallmonitorcompliancewiththisarticleRTICLE 91,includingbyinspectingwaterwellconstructionandpumpinstallation.

and may O NANDAFTERTHEEFFECTIVEDATEOFTHISSUBSECTION (1)AS(1),AS AMENDED ,THE STATE ENGINEER SHALL employ A MINIMUM OF FOUR inspectors for suchHISpurpose.suchHIS purpose.

AT LEAST ONE INSPECTOR MUST BE PRIMARILY CONCERNED WITH THE INSPECTION OF WATER WELL CONSTRUCTION AND PUMP INSTALLATION IN WATER DIVISION 1, AS DEFINED IN SECTION 37-92-201 (1)(a)AND AT LEAST ONE INSPECTOR MUST BE PRIMARILY CONCERNED WITH THE INSPECTION OF WATER WELL CONSTRUCTION AND PUMP INSTALLATION IN WATER DIVISION 2, AS DEFINED IN SECTION37-92-201 (1)(b).HE(1)(b). STATE ENGINEER SHALL PAY the costs of suchnitoring and inspection shall be paid from the well inspection cash fund created byection 37-80-111.5.

(4)HE OSTATE NENGINEER ORSHALL BEFOREPAY NOVEMBERthe 1,costs 2020,THEof BOARDsuchonitoring SHALLand PROMULGATERULESFORIDENTIFYINGHIGHinspection -RISKWELLSTHATSHOULDBEshall PRIORITIZEDFORINSPECTIONbe .THEREAFTERpaid ,THESTATEENGINEERSHALLfrom :the well inspection cash fund created bysection 37-80-111.5.

(a)(4) USEO THEN RULESOR TOBEFORE IDENTIFYN HIG-RISKOVEMBER WELLS;AND1, (b)2020, PRIORITIZE THE INSPECTIONBOARD OFSHALL HI-RISKPROMULGATERULESFORIDENTIFYINGHIGH WELLS.RISKWELLSTHATSHOULDBE PRIORITIZEDFORINSPECTION .THEREAFTER ,THESTATEENGINEERSHALL :

SECTION2.(a) U SE THE RULES TO IDENTIFY HI-RISK WELLS;AND (b) PRIORITIZE THE INSPECTION OF HIGRISK WELLS.

InColoradoRevisedStatutes,37-80-111.5,amend -2- 1069 (1)(d)SECTION2. as follows:

InColoradoRevisedStatutes,37-80-111.5,amend (1)(d) as follows:

Fees - rules - satellite monitoring system cash fund-wellinspectioncashfund-created.(1)(d) Ofeachfeecollected pursuant to sections 37-90-105 (3)(a)(I) and (4)(a) (3)(a)(I)AND(3)(a)(ANDC) (4)(a)(II);37-90-107(7)(d)(I)(4)(a)(II); (7)(d)(I)(C);

37-90-11637-90-107 (1)(a),(1)(c),and(7)(d)(I)(7)(d)(I)(C);37-90-116(1)(a),(1)(c), and (1)(h) (1)(a)(II), (1)(c)AND),(1)(h)(II);(1)(cANDI)(1)(h)(II);

and 37-92-602 (3)(a) and (5), forty (3)(aANDI(5)(b),SEVENTY(3)(ANDI(5)(b)SEVENTY -FIVEFIVE dollars shall be credited to the well inspection cash fund, which fund is herebycreated.

MoneysMoneysM M ONEY inthewellinspectioncashin fundthewellinspectioncashfundshall shall be appropriatedtoandexpendedbythestateengineer ONLY forthepurposes establishedinsection37-91-113.Anymoneys MONEY creditedtothewell inspection cash fund and unexpended at the end of any given fiscal year remainremainREMAINS REMAINS in the fund and dDOES not revert to the general fund.

AllinterestderivedfromthedepositandinvestmentofthisAllinterestderivedfromthedepositandinvestmentofthisMONEYINTHE MONEYINTHE fund remainREMAINS in the fund and dDOES not revert to the general fund.

Smallcapacity wells.(3)(a)(I)wells. (C) EffectiveJuly1, 2006, wells of the type described in this section maybe constructed only upon the issuance of a permit in accordance with the provisions of this section.

A(3)(a)(I)(C) feeEffectiveJuly1, 2006, wells of onethe hundreTHIRTYtype FIVEdescribed dollarsin shallthis accompanyISsection REQUIREDWITHmaybe anyapplicationconstructed foronly aupon newthe wellissuance of a permit underin accordance with the provisions of this section.

A fee of sixtNINETYone hundrTHIRTY -FIVEdollars shall accompanyIS REQUIREDREQUIREDWITH WITHanyapplication anyapplicationforareplacementwellofthetypedescribedinsubsectionfor (1)a ofnew well permit under this section.

(4)A (a)fee (II) Effective July1, 2006, anywells of thesixtNINETY-FIVE typedollars describedshall -3-accompanIS 1069REQUIRED byWITH thisanyapplicationforareplacementwellofthetypedescribedinsubsection section(1) that were put to beneficial use prior to May 8, 1972, and any wells that were used exclusively for monitoring and observation purposes prior to August 1, 1988, not of recordthis insection. the office of the state engineer, may be recorded in that office upon written application, payment of a processing fee of one hundred THIRTY -FIVE dollars, and permit approval.

-3- 1069 (4) (a) (II) Effective July1, 2006, anywells of the type described by this section that were put to beneficial use prior to May 8, 1972, and any wells that were used exclusively for monitoring and observation purposes prior to August 1, 1988, not of record in the office of the state engineer, may be recorded in that office upon written application, payment of a processing fee of one hundred THIRTY -FIVE dollars, and permit approval.

-4- 1069 (h) (II) EffectiveJuly1,Effective July1, 2006, with an applicationapplicationforanychange for anychange -4- 1069 in a well permit, whether conditional or final, submitted pursuant to section 37-90-111 (1)(g), one hundrTHIRTY -FIVEdollars, which sum shall not be refunded.

A person desiring to use such a well shall submit an application for a permit accompanied by a fee of sixtyNINETY FIVE dollars for an application under paragraph (c) of this subsection (SUBSECTION (3)(cOF(3)(c)OF THIS SECTION and a fee of one hundrTHIRTY -FIVEdollars for an application under paragraph (b) of this subsection (SUBSECTION (3)(b) OF THIS SECTION.-5- 1069 SECTION .

-5- 1069 (5) (b) Effective July1, 2006, anywells exempted bythis section that were put to beneficial use prior to May 8, 1972, and any wells that were used exclusively for monitoring and observation purposes prior to August 1, 1988, not of record in the office of the state engineer may be recordedin that office upon writtenapplication,paymentof aprocessing feeof onehundred THIRTY-FIVEdollars,andpermitapproval.Therecord shallMUSTshall MUST include the date the water is claimed to have been appropriated or first put to beneficial use.

Appropriation.

(1) For the 2020-21 state fiscal year, $143,789 is appropriated to the department of natural resources for usebythedivisionofwaterresources.Thisappropriationisfromthewell inspection cash fund created in section 37-80-111.5 (1)(d), C.R.S.

To implement this act, the division may use this appropriation as follows:

(a) $109,769 for personal services, which amount is based on an assumption that the division will require an additional 1.8 FTE;

(b) $30,100 for operating expenses;

(c) $3,920 for vehicle lease payments.

(2) Forthe2020-21statefiscalyear,$3,920isappropriatedtothe departmentofpersonnel.Thisappropriationisfromreappropriatedfunds receivedfromthedepartmentofnaturalresourcesundersubsection(1)(c) of this section.

To implement this act, the department of personnel may use this appropriaiton for vehicle replacement lease/purchase.

SECTION 9.

except that, if a -6- 1069 referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2020 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.

-6--7- 1069