About the District
The Upper Black Squirrel Creek Ground Water Management District was formed, pursuant to 37-90-118 Colorado Revised Statutes, by the taxpaying electors of the District to administer and manage the ground water resources of the Upper Black Squirrel Creek Designated Groundwater Basin. The District is specifically charged with the responsibility of adopting and enforcing rules and regulations for the use, control, conservation, and protection of both quantity and quality of the groundwater of the Basin.
Pursuant to the 1973 Colorado Revised Statutes, Chapter 37, Article 90, Section 130, and Ammendments thereto, after issuance of a final permit for the use of water within the District, the District has the authority to regulate the use, control and conservation of groundwater in the District, and has the duty and responsibility of consulting with the Colorado Groundwater Commission in determining whether the proposed restrictions, rules, regulations, or guidelines are suitable for the area contained within the District. The District has the authority to regulate the groundwater of the District by the following methods:
- To provide for the spacing of wells producing from the groundwater aquifer or subdivision thereof, and to regulate the production therefrom so as to minimize as far as practical the lowering of the water table or the reduction of the artesian pressure.
- To acquire lands for the erection of dams and for the purpose of draining lakes, draws and depressions and to construct dams, drain lakes, depressions, draws and creeks and to install pumps and other equipment necessary to recharge the groundwater reservoir and subdivision thereof.
- To develop comprehensive plans for the most efficient use of the water of the groundwater aquifer or subdivision thereof and for the control and prevention of waste water, which plans shall specify in such detail as may be practical, the acts, procedures, performances and avoidance which are or my be necessary to effect such plans, including specifications thereof; carry out research projects, develop information and determine limitations, if any, which should be made on the withdrawal of water from the groundwater aquifers or subdivision thereof; to collect and preserve information regarding the use of such water and the practicality of recharge of the groundwater aquifer; to publish such plans and information bringing them to the notice and attention of the users of such groundwater within the District and to encourage their adoption and execution.
- To require the owner or operator of any land in the District upon which is located any open or uncovered well, to close and cap the same permanently with covering capable of sustaining weight of not less than four hundred pounds, except when such well is in actual use by the owner or operator thereof.
- To promulgate reasonable rules and regulations for the purpose of conserving, preserving and protecting and recharging the groundwater of the groundwater aquifer or subdivision thereof, in confirmity with the provisions of the laws of the State of Colorado.
- To prohibit, after affording an opportunity for a hearing before the Board of the District and presentation of evidence, the use of groundwater outside the boundaries of the District where such use materially affects the rights acquired by permit by any owner or operator of land within the District.
- In the control and administration of the quantity and quality of the groundwater extracted from the aquifer, the District may adopt such devices, procedures, measures or methods as it deems appropriate to effectuate this purpose.
- To promulgate reasonable rules and regulations with respect to the protection and compensation of the owners of any small capacity wells as defined in 37-90-105 C.R.S. which may be injured by irrigation wells.
- To represent the District at any hearings and proceedings conducted or authorized by the Ground Water Commission or other state agencies affecting ground water rights, either actual or potential, within the District.
- To exercise such other administrative and regulatory authority concerning ground water of the District as would otherwise be exercised by the Colorado Ground Water Commission.
The District shall exercise such authority and employ such of the above provisions as may be appropriate and necessary to regulate the use, control, conservation and protection of the quantity and quality of the groundwater of the Upper Black Squirrel Creek Designated Groundwater Basin and District.