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.
5 - POINTS OF COMPLIANCE FOR DISCHARGES TO GROUND WATER

Universal Citation: 2 CO Code Regs 402-8 ยง 5

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

5.1 Pursuant to C.R.S. 25-8-202(7), points of compliance shall be adopted through rule-making for activities subject to the jurisdiction of the implementing agencies that result in discharge to state waters other than surface waters.

5.2 The State Engineer has certain water quality authority over activities subject to his jurisdiction as stated in Rule 3.2.

5.3 For well permitting and licensing activities pursuant to C.R.S. 37-90-137(2), 37-91-101, 37-91-104(1), and 37-91-110, the promulgation of the Board of Examiners of Water Well Construction and Pump Installation Contractors Rules and Regulations, 2 CCR 402-2, and any variances thereto, incorporated herein by reference, ensure that these activities do not result in a discharge to state waters.

5.4 All water wells shall be drilled and constructed in a manner to protect against contamination and pollution of aquifers pursuant to C.R.S. 37-90-137(2), 37-91-101, and 37-91-110 and the Rules and Regulations of the Board of Examiners of Water Well Construction and Pump Installation Contractors.

5.5 For those activities conducted pursuant to the water quality provisions of C.R.S. 37-80-120 and 37-92-305(5) which may result in discharges to ground water;

5.5.1 where the substitute supply is discharged in a pit, excavation or discretely identifiable location, the point of compliance shall be located at the boundary of the area of the spreading basin or the area physically disturbed by the construction of the pit or excavation.

5.5.2 where the substitute supply is discharged over a large area, the point or points of compliance may be located adjacent to the discharged area or, where appropriate, at another location downgradient where representative samples may reasonably be obtained, provided that intervening senior appropriator's requirements of use have been met. In no event shall a point of compliance be located farther away than where the discharge to groundwater enters a surface stream.

See Rules 6 and 7 for methods of implementation of standards and classifications at these points of compliance.

5.6 The point of compliance described in Rule 5.5 shall not apply to activities regulated by the Water Quality Control Commission, Water Quality Control Division, or other implementing agencies.

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