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 it is 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 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 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 filed with the Secretary of State on November 27, 2017 and published by the Secretary of State in the Colorado Register on December 10, 2017. Pursuant to that Notice 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, and was re-scheduled for August 20 through 24, 2018.
Be advised that the Commission’s Hearing Officer has vacated the hearing scheduled for August 20 through 25, 2018; re-scheduled the hearing for November 26 through 30, 2018; and ordered that an Amended Notice of Public Rulemaking Hearing be filed with the Secretary of State and be published in the Colorado Register (publication to occur on September 10, 2018).
Be advised that the Amended Notice of Public Rulemaking Hearing allows new parties to apply for party status (through October 1, 2018). Further information on the rulemaking hearing process is set forth in the Amended Notice of Public Rulemaking Hearing.
The Amended Notice of Public Rulemaking Hearing (dated August 21, 2018); Staff’s current proposed amendments to the rules and proposed Statements of Basis, Specific Statutory Authority, and Purpose for the proposed amendments (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 hearing (Case No. 17GW05) are available on the FTP site 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.