Code of Colorado Regulations
400 - Department of Natural Resources
402 - Division of Water Resources
2 CCR 402-2 - RULES AND REGULATIONS FOR WATER WELL CONSTRUCTION, PUMP INSTALLATION, CISTERN INSTALLATION, AND MONITORING AND OBSERVATION HOLE/WELL CONSTRUCTION
18 - VARIANCES

Universal Citation: 2 CO Code Regs 402-2 ยง 18

Current through Register Vol. 47, No. 17, September 10, 2024

Basis and Purpose: The statutory authority for this rule is found in sections 37-91-101(1); 37-91-104(1)(c), (j), (k) & (2); 37-91-106(3); 37-91-109(1); and 37-91-110(2), C.R.S. The purpose of this Rule is to allow the Board to approve alternate methods of construction or abandonment of an excavation over which it has jurisdiction, in the event that the individual requesting such alternative to the minimum standards can adequately demonstrate that the variance will protect the health and safety of the public and prevent contamination to Colorado's groundwater.

18.1 General When the strict application of any provision of these Rules presents practical difficulties or unusual hardship, the Board may grant a variance for a specific instance or method of construction, and may impose any conditions deemed necessary to protect the groundwater and aquifers from contamination.

18.2 Written Request Required - Any request for a variance must be submitted to the Board of Examiners in writing and must be signed by the well owner or his or her agent. Such request must specify:

a. the nature and reason for seeking the variance,

b. the proposed construction details (diagram of proposed structure), and

c. special precautions that will be taken to protect the well from contamination.

18.2.1 A written request for a variance from the Rules must be submitted to the Board and approval of the variance obtained prior to construction of the well. During the construction of a well, if circumstances or conditions at the well site require variance from these Rules, the contractor may request a variance from the Board of Examiners by telephone, fax, or email and must obtain approval for the variance prior to completing construction of the well.

18.2.2 Pursuant to section 37-91-104(2), C.R.S., the Board may delegate to Staff of the State Engineer the authority to review and approve or deny certain requests for variances from these Rules. Where Staff acts on behalf of the Board under this Rule pursuant to the Board's delegation of authority, the individual requesting the variance may appeal the Staff's decision to the Board at the next regularly-scheduled Board meeting.

18.3 Written Decision - The Board will respond in writing to each variance request, and must include reasons for its decision. The Board may impose terms and conditions to protect public health and safety or prevent aquifer contamination.

18.4 Appeal - The Board's written decision on the request for variance is final agency action. The individual who requested the variance may request the Board's reconsideration of the Board's written decision at the next regularly scheduled Board meeting following issuance of the written decision. Any appeal of the Board's written decision must be pursuant to the State Administrative Procedures Act, Article 4 of title 24, C.R.S.

Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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