Chapter 8 - § 8.5 • FINAL PERMITS

• Jurisdiction: Colorado

§ 8.5 • FINAL PERMITS

As previously mentioned, a final permit is a final determination by the commission of a measure of a designated ground water right. The commission must determine the original use of the water to determine the measure of the water right, not how the water right is presently used. The following is a brief description of the procedure the commission uses to evaluate a designated ground water right for final permit issuance. A final permit is required for all large capacity wells, except for the Denver Basin (bedrock) aquifer appropriation based upon well permits issued on or after July 1, 1991. For such a well, a conditional permit, subject to the conditions of issuance of a well permit, shall be considered a final determination of a well's water right if the well is in compliance with all other applicable requirements of Title 37, Article 90, Colorado Revised Statutes.⁶⁵

The processing of final permits must be in accordance with the requirements of C.R.S. §§ 37-90-108 and -109.⁶⁶ C.R.S. § 37-90-108 specifies the requirements applicable to completion of wells and putting water to beneficial use. C.R.S. § 37-90-109 deals with assigning priority to a well's water right and the issuance or evaluation of ground water rights in existence prior to May 17, 1965. The Commission Rules do not address the processing of a final permit.

The guidelines on how to determine if a well has a valid permit, and the extent of water use that may be allowable under that permit, are quite involved and are evaluated on a case-by-case basis. Generally speaking, a permit's validity will be considered under the statutory requirements and the commission policies and guidelines that prevailed during the timeframe applicable to that well. Determination of timely completion of a well and putting water to use in time, the extent of water use, including a description of allowable irrigated acres, applicable acre-feet, well yield in gallons per minute, any allowable expanded acres, any commingling with other well(s), possible duplication of acreage irrigated among wells, etc., are all issues that are evaluated on a case-by-case basis upon the evidence presented to the commission. Because of the required case-by-case analysis, a very brief outline of the commission's procedures when processing a final permit is presented below:

1) The processing for a final permit includes a public notice pursuant to C.R.S. § 37-90-112. As a result of the Commission completing the

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