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Rulemaking Rule 5.6 & 5.8 
DWR > Ground Water > Designated Basins (CGWC) > CGWC Documents > Rulemaking Rule 5.6 & 5.8

RULEMAKING PROCESS TO AMEND DESIGNATED BASIN RULES 5.6 & 5.8

The Ground Water Commission (Commission) would like to make all interested parties aware that we are in the process to possibly amend Rules 5.6 and 5.8 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 Commission provided public notification of the proposal to amend the rules and provided 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 rules – the opportunity to present their thoughts, ideas, and reasoned opinions on the proposed change.  Staff of the Commission held public meetings to allow for input.

In its August 11, 2017 meeting the Commission directed its Staff and Hearing Officer to proceed with the formal rulemaking process.  A notice of public rulemaking hearing was published by the Secretary of State in the Colorado Register on December 10, 2017.  Applications for party status were required to be filed by January 10, 2018.  A public rulemaking hearing was originally scheduled for June 18 through 22, 2018.

The proposed amendments to Rules 5.6 and 5.8 clarify and detail the standards of applying for and approving replacement plans and aquifer storage and recovery plans.  The changes originally proposed by Staff included a change in structure of the rules so as to move aquifer storage and recovery plans, which are currently the subject of Rule 5.8, within Rule 5.6, which currently addresses replacement plans.

Due to the passing of House Bill 18-1199 by the Legislature, which confirmed the Commission’s authority to regulate aquifer storage and recovery plans, Staff revised its proposed structure of the amendments to the rules so as to keep replacement plans within Rule 5.6 and keep aquifer storage and recovery plans within Rule 5.8, as the rules are currently structured.

To allow parties to the hearing time to consider and respond to those revisions the Hearing Officer has re-scheduled the rulemaking hearing for August 20 through 24, 2018.  The location of the hearing has also been changed to Senate Room CR357 located in the Capitol Building for the State of Colorado at 14th and Sherman St., Denver, CO  80203.

The Notice of Public Rulemaking Hearing (case no. 17GW05); Staff’s proposed amendments to the rules and proposed Statements of Basis, Specific Statutory Authority, and Purpose for the proposed amendments (the most recent versions of which are dated July 16, 2018); pre-hearing statements and position statements submitted by parties to the case; written comments on the proposed amendments that have been submitted by stakeholders; Orders from the Hearing Officer; and other documents related to the case are available here.

This web page 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 by emailing keith.vanderhorst@state.co.us.