Code of Colorado Regulations
400 - Department of Natural Resources
402 - Division of Water Resources
2 CCR 402-8 - RULES AND REGULATIONS FOR IMPLEMENTATION OF SUBSECTION 25-8-202(7), C.R.S.
3 - SCOPE AND PURPOSE
Current through Register Vol. 47, No. 17, September 10, 2024
3.1 These rules and regulations are required to enable the State Engineer to carry out the provisions of C.R.S. 25-8-202(7), enacted June 8, 1989 by the General Assembly.
3.2 These rules apply to those situations where the State Engineer has water quality authority under a statute other than the Colorado Water Quality Control Act, or more specifically, sections 37-80-120, 37-90-137(2), 37-91-101, 37-91-104(1) and (2), 37-91-110, and 37-92-305(5), of the Colorado Revised Statutes.
3.3 These rules establish procedures on how and when the State Engineer will implement water quality standards and classifications for discharges to state waters, other than permitted point source discharges to surface water and discharges to designated ground water, for those activities subject to the jurisdiction of the State Engineer.
3.4 These rules establish points of compliance applicable to those activities regulated by the State Engineer.
3.5 Per the provisions of C.R.S. 25-8-202(7), the State Engineer shall implement, as provided in these regulations, the standards and classifications established by the Water Quality Control Commission, in those instances where the State Engineer has statutory water quality authority under a statute other than C.R.S. 25-8-202(7). However, pursuant to C.R.S. 25-8-202(7)(d), this subsection (7) is not intended either to grant additional jurisdiction to any agency or to curtail the jurisdiction of any agency to fulfill its statutory responsibilities.
3.6 Pursuant to C.R.S. 25-8-104(1), no provisions in these rules, as they pertain to Article 8, Title 25 of the Colorado Revised Statutes, shall be interpreted so as to supersede, abrogate, or impair rights to divert water and apply water to beneficial uses in accordance with the provisions of Sections 5 and 6 of Article XVI of the Constitution of the State of Colorado, compacts entered into by the State of Colorado, or provisions of articles 80 to 92 of Title 37, C.R.S, or Colorado court determinations with respect to the determination and administration of water rights. Nothing in these rules, as they pertain to Article 8, Title 25 of the statutes, shall be construed, enforced, or applied so as to cause or result in material injury to water rights.
