Regulatory Agenda

2017 Regulatory Agenda

Overview

Colorado Department of Natural Resources submits the following 2017 Regulatory Agenda in fulfillment of the statutory requirements set forth in Colo. Rev. Stat. §2-7-203(4). Pursuant to state law, annually on November 1 executive-branch agencies must file a Departmental Regulatory Agenda (DRA) containing:

 A list of new rules or amendments that the department or its divisions expect to propose in the next calendar year;  The statutory or other basis for adoption of the proposed rules;  The purpose of the proposed rules;  The contemplated schedule for adoption of the rules;  An identification and listing of persons or parties that may be affected positively or negatively by the rules; and  A list and brief summary of all permanent and temporary rules adopted since the previous DRA was filed.

The Regulatory Agenda also includes, pursuant to Colo. Rev. Stat. §24-4-103.3, rules to be reviewed as part of the Department’s “Regulatory Efficiencies Reviews” during 2017 (which are denoted as such in the “purpose” column). The DRA is to be filed with Legislative Council staff for distribution to committee(s) of reference, posted on the department’s web site, and submitted to the Secretary of State for publication in the Colorado Register. Each department must also present its DRA as part of its “SMART Act” hearing and presentation pursuant to Colo. Rev. Stat. §2-7-203(2)(a)(III)(A).

The following constitutes Colorado Park’s and Wildlife DRA for 2016-2017 and is provided in accordance with Colo. Rev. Stat. §24-7- 203(2)(a)(IV):

New Rule Number Primary Part of Stakeholders Anticipated Schedule Division/ rule, and Title or Statutory or Mandatory Consider including Hearing (Month, Year) Board/ revision, Purpose Brief other basis for Rule Review? high-level outreach Date (Step 1) Program or Description adoption of rule (X if yes) bullets (Step 2) repeal? Adopting 2 CCR-405-8 standardized ANS Colorado Revision November, Aquatic regulations as January- Parks and and New 33-10.5-107 Boaters 2016 Nuisance proposed by the 2017 Wildlife Rules Species Western Regional Panel 2 CCR-406-0 Colorado November, Open annually for all January- General Parks and Revision 33-1-101(4) Hunters/Anglers 2016 issues 2017 Provisions Wildlife

Department of Natural Resources 2017 Regulatory Agenda

Annual changes to deer, elk, pronghorn, Colorado November, 2 CCR-406-2 bear, moose, sheep, January- Parks and Revision 33-1-101(4) Hunters 2016 Big Game goat, and lion 2017 Wildlife seasons; Lion harvest limits 2 CCR-405-4 Colorado January, Open annually for all Snowmobile Parks and Revision 33-14-102 Snowmobile Users March-2017 2017 issues Regulations Wildlife 2 CCR-406-3 Furbearers and Colorado Open for annual January, Small Game, Parks and Revision 33-1-101(4) review including all Hunters March-2017 2017 Except Wildlife issues, except turkey Migratory Birds 2 CCR-406-5 Colorado January, Open annually for all Small Game - Parks and Revision 33-1-101(4) Hunters March-2017 2017 issues Migratory Birds Wildlife 2 CCR-406-9 Colorado January, Open annually for all Division Parks and Revision 33-1-107 Hunters/Anglers March-2017 2017 issues Properties Wildlife 2 CCR-406-11 Open annually for all Wildlife Parks Colorado January, issues including and Parks and Revision 33-1-101(2) General Public March-2017 2017 unregulated wildlife Unregulated Wildlife requests Wildlife Colorado 2 CCR-406-2 Annual big game March, 2017 Parks and Revision 33-1-101(4) Hunters March-2017 Big Game clean-up Wildlife Annual changes to Colorado 2 CCR-406-2 deer, elk, pronghorn, May, 2017 Parks and Revision 33-1-101(4) Hunters May-2017 Big Game bear, and moose Wildlife quotas 2 CCR-405-1 Colorado Parks and Open annually for all September- June, 2017 Parks and Revision 33-10-101 Park Users Outdoor Rec issues 2017 Wildlife Lands Colorado 2 CCR-405-2 Open annually for all September- June, 2017 Parks and Revision 33-13-101 Boaters Boating issues 2017 Wildlife

Department of Natural Resources 2017 Regulatory Agenda

2 CCR-405-5 Colorado Open annually for all September- June, 2017 Off-Highway Parks and Revision 33-14.5-107 OHV Users issues 2017 Vehicles Wildlife 2 CCR-405-6 Colorado Revision/ Open for regulatory September- June, 2017 Procedural Parks and 33-1-101(4) X Hunters/Park Users Repeal efficiency review 2017 Rules Wildlife 2 CCR-405-7 Colorado Passes, Permits Open annually for all September- June, 2017 Parks and Revision 33-12-100.2 Park Users and issues 2017 Wildlife Registrations 2 CCR-405-8 Colorado Aquatic Open annually for all September- June, 2017 Parks and Revision 33-10.5-107 Boaters Nuisance issues 2017 Wildlife Species 2 CCR-406-8 Colorado Field Trials and Revision/ Open for regulatory September- June, 2017 Parks and 33-1-101(4) X Hunters Training of Repeal efficiency review 2017 Wildlife Hunting Dogs Colorado 2 CCR-406-12 Revision/ Open for regulatory September- June, 2017 Parks and 33-4-102(2)(e) X Anglers Lake Licenses Repeal efficiency review 2017 Wildlife Colorado 2 CCR-406-17 Revision/ Open for regulatory Agricultural September- June, 2017 Parks and 33-3-102 X Game Damage Repeal efficiency review Operators 2017 Wildlife Colorado September, 2 CCR-405-3 Open annually for all November- Parks and Revision 33-32-101 River Outfitters 2017 River Outfitters issues 2017 Wildlife Colorado September, 2 CCR-406-1 Open annually for all November- Parks and Revision 33-1-101(4) Anglers 2017 Fishing issues 2017 Wildlife Colorado September, 2 CCR-406-2 Annual changes to September- Parks and Revision 33-1-101(4) Hunters 2017 Big Game lion harvest quotas 2017 Wildlife Open annually for Colorado September, 2 CCR-406-2 33-4-102 CPI adjustments to November- Parks and Revision Hunters 2017 Big Game (1)(IV)(b) nonresident big game 2017 Wildlife license fees

Department of Natural Resources 2017 Regulatory Agenda

2 CCR-406-3 Furbearers and Colorado September, Annual changes to November- Small Game, Parks and Revision 33-1-101(4) Hunters 2017 turkey seasons 2017 Except Wildlife Migratory Birds Open annually for Colorado September, 2 CCR-406-15 CPI adjustments to November- Parks and Revision 33-4-101 License Agents 2017 License Agents commission rates for 2017 Wildlife license agents 2 CCR-406-0 Colorado November, Open annually for all January- General Parks and Revision 33-1-101(2) Hunters/Anglers 2017 issues 2018 Provisions Wildlife Annual changes to Colorado deer, elk, pronghorn, November, 2 CCR-406-2 January- Parks and Revision 33-1-101(4) bear, moose, sheep, Hunters 2017 Big Game 2018 Wildlife goat, and lion seasons 2 CCR-406-3 Furbearers and Colorado November, Annual changes to November- Small Game, Parks and Revision 33-1-101(4) Hunters 2017 turkey quotas 2017 Except Wildlife Migratory Birds

The following constitutes Colorado Oil and Gas Conservation Commission DRA for 2016-2017 and is provided in accordance with Colo. Rev. Stat. §24-7-203(2)(a)(IV):

Department of Natural Resources 2017 Regulatory Agenda

sensitive wildlife habitat areas for greater sage-grouse and address any rule changes necessary based on COGCC’s 1200 Series regulatory efficiency review in 2016. To improve functionality of rules s. 34-60-105(1), Industry, mineral Second for the efficient 318A Revisions COGCC Revision -106(2)(a), (c), owners, surface Unknown Quarter development of the (d), C.R.S. owners. Greater Wattenberg Area. To update the rules Industry, 900 Series s. 34-60-105(1), Unknown COGCC Revision X and review of Table environmentalists, Unknown Update -106(2), C.R.S. 910-1 standards. surface owners. To address any rule changes necessary 400 Series s. 34-60-105(1), based on COGCC’s Unknown COGCC Revision X Industry. Unknown Update -106(2), C.R.S. 400 Series regulatory efficiency review in 2017. To address any rule changes necessary s. 34-60-105(1), 500 Series based on COGCC’s Industry, participants Unknown COGCC Revision -106(2), -108, X Unknown Update 500 Series regulatory in COGCC hearings. C.R.S. efficiency review in 2017. To address any rule changes necessary Well Category based on COGCC’s Determination s. 34-60-105(1), Well Category Unknown COGCC Revision X Industry. Unknown Procedures -106(2), C.R.S. Determination Update Procedures regulatory efficiency review in 2017.

Department of Natural Resources 2017 Regulatory Agenda

The following constitutes Colorado Division of Reclamation, Mining and Safety DRA for 2016-2017 and is provided in accordance with Colo. Rev. Stat. §24-7-203(2)(a)(IV):

New Rule Number Part of Division/ rule, Statutory or Stakeholders Anticipated Schedule and Title or Mandatory Board/ revision, other basis for Purpose Consider including Hearing (Month, Year) Brief Rule Review? high-level outreach Program or adoption of rule Date Description (X if yes) bullets repeal? 2 CCR 407-2, as well as numerous Response to Federal sections of 732 letters Pending Rules and previously received approval by Regulations of from OSM. Coal Mine industry, Federal the Colorado 34-33-108(1), 2017 Minor edits and interested citizens, Solicitor, Mined Land DRMS/Coal C.R.S., and 30 Calendar Revisions X corrections to errors environmental and Reclamation Program C.F.R. §§ 732.17, Year and omissions, as groups, and local publication Board for Coal 733.12 and 733.13 well as substantive jurisdictions in the Mining amendments and Federal previously revisions to several Register identified by sections of the rules. OSM* as requiring revision. Remove outdated rules associated with Custom Mills, Clean up language in 2 CCR 407-1 Prospecting Section Rule 1, 5 & 7 of Revision and add clarifying Mining Community February DRMS/MLRB/ the Hard and C.R.S. 34-32-101 X language to Rule 7 and Environmental May, 2017 2017 Minerals Rock/Metal Repeal addressing surety Community Mining Rules releases and reductions for Designated Mining Operations

Department of Natural Resources 2017 Regulatory Agenda

The following constitutes Colorado Division of Water Resources DRA for 2016-2017 and is provided in accordance with Colo. Rev. Stat. §24-7- 203(2)(a)(IV):

New Rule Number Division/ rule, Statutory or Part of Anticipated Schedule and Title or Mandatory Stakeholders Consider Board/ revision, other basis for Purpose including high-level Hearing (Month, Year) Brief Rule Review? Program or adoption of rule outreach bullets Date Description (X if yes) repeal? Contemplating amending rules in 2017 to modify Public at large, dam 2 CCR 402-1 Division of Sections 37-87- spillway owners, construction Dam Safety and October Ongoing Water Revisions 102, 105, 37-80- X requirements and and dam design Construction 2017 Resources 102(k), 24-4-103 clarify extreme engineers, FEMA, Rules precipitation Homeland Security estimate methodologies 2 CCR 402-3 Adjudicatory Update and revise Designated Ground Hearings Colorado rules that govern rule Sections 37-90- Water Management November before the Ground making and Revisions 111(1)(h), 24-4- X Districts and May 2017 2016 Colorado Water adjudicatory 131 constituents, water Ground Water Commission hearings with open lawyers Commission and clear procedures

Underlying Denver Conduct review to basin land owners, ensure clear and water users, many concise. The rules 2 CCR 402-6 Division of Review Sections 37-90- front range metro October govern the amounts Denver Basin Water for 137(9)(a), (b) and X cities, water lawyers, Unknown 2017 of water that can be Rules Resources revisions 37-80-102(1)(g) water engineers, appropriated from water users at large, the Denver Basin ground water aquifers. modelers

Department of Natural Resources 2017 Regulatory Agenda

Governs well permitting of nontributary water Water users 2 CCR 402-7 Division of Review Sections 37-90- outside Denver throughout the state, September Statewide Water for 137(9)(a), (b) and X Basin. The review water lawyers, water Unknown 2017 Nontributary Resources revisions 37-80-102(1)(g) will be conducted to engineers, ground Rules update the water modelers provisions of the rules. Continue review of procedures on how and when State Engineer implements Water users water quality throughout the state, 2 CCR 402-8 standards and Water Quality Senate Bill 181 Division of Review Sections 37-80- November classifications for Control Commission, Water Quality Water for 102(1)(g) & (k), X Unknown 2016 discharges to state environmentalist Coordination Resources revisions 25-8-202(7) waters other than groups, water Rules) permitted point lawyers, water source discharges to engineers surface water and discharges to ground water 2 CCR 402-9 Fees set and collected by the State Engineer for Water users, satellite Sections 37-80- the Water Data Division of Review Need to review for system users, CWCB, November 111.5, 37-80- Bank Cash Water for X consistency and water engineers and Unknown 2016 102(1)(h), 24-72- Fund, the Resources revisions appropriateness firms, public at large, 205, 24-4-103 Division of water lawyers Water Resources Publication Cash Fund, and

Department of Natural Resources 2017 Regulatory Agenda

the Satellite Monitoring System Cash Fund Water users, specific 2 CCR 402-10 towns and areas of Rules for the state where Permitting the geothermal Development Potential clean up of resources exist, and Sections 37-80- Division of Review certain areas may be water resources January Appropriation 102(1)(g)& (k), 37- Water for X useful long term engineers, Unknown 2017 of Geothermal 90-138, 37-90.5- Resources revisions dependent upon geologists, Resources 106 thru 108 review. geothermal resource through the developers, water use of Wells lawyers, public at (Geothermal large, Rules environmentalists 2 CCR 402-11 Rules for the Permitting and Water users, water Use of Waters resource engineers Artificially Sections 37-80- Division of Review Continuing review including modelers, November Recharged into 102(1)(g) & (k), Water for X for potential geologists, cities and Unknown 2016 the Denver 37-90-138, 37-90- Resources revisions amendments users overlying the Basin (Denver 137(9)(d) Denver Basin, water Basin Artificial lawyers Recharge Extraction Rules 2 CCR 402-14 Board of Revise drillers and Public at large, well Rules and Examiners of pump installers, owners, well November Regulations for Water Well Section 37-91- license process, construction Revisions X July 2017 2016 Administration & Pump 104(1) continuing education contractors, water of Licensing, Installation process and remedial users, pump Financial Contractors actions. installers, Colorado

Department of Natural Resources 2017 Regulatory Agenda

Responsibility, Ground Water Continuing Assoc., Colorado Education and Well Contractors Remedial Assoc. Action 2 CCR 402-15 Rules and Regulations for Water users of the Submittal and South Platte Basin, Evaluation of Division of Review Sections 37-80- water attorneys, November Interruptible Review for possible Water for 102(1)(g) & (k), X water resource Unknown 2016 Water Supply revisions Resources revisions 37-92-309(5) engineers, Agreements hydrologists, Submitted geologist Pursuant to 37‐ 92‐309 C.R.S. (IWSA Rules) 2 CCR 402-17 Rules and Regulations for the Determination of the Statewide surface Nontributary and ground water Nature of users, environmental Ground Water Division of Review Sections 37-90- interests, water January Review for potential Produced Water for 107, 108, 109 and X lawyers, water Unknown 2017 revisions through Wells Resources revisions 111 resource engineers, in Conjunction ground water with the modelers, oil & gas Mining of industry. Indian Tribe Minerals (Produced Nontributary Ground Water Rules)

Department of Natural Resources 2017 Regulatory Agenda

This will involve three separate rulemaking processes. One will be to redefine and clarify artificial recharge, storage Spring of and replacement 2017 for plans. The second Rule 5.2.9, Designated ground Rules and will be to amend Summer of water basin water Regulations for Rule 5.2.9 to 2017 for Colorado Revisions users, water lawyers, the Sections 37-90- determine the artificial November Ground and water resource Management 107, 108, 109 and X alluvial aquifer and recharge 2016 Water amendm engineers, local and Control of 111 all of the Fan & rule and Commission ents ground water Designated White River aquifers final hearing management Ground Water in the Upper Crow Ck in 2018 for districts basin over- the appropriated. remaining Finally, an overall rules revision to the complete set of rules will be addressed after the amendments above are complete Surface and ground Water Court water users on the Rules for the Arkansas River, State Diversion and Sections 37-80- A review to ensure Division of of Kansas, water January Use of 102(1)(g), 37-80- clear and concise Water Review X resource engineers, Unknown 2017 Tributary 104, 37-92-501, language will take Resources geologists, Water in the 37-92-502(5) place hydrologists, water Arkansas River lawyers, ground Basin water modelers

Department of Natural Resources 2017 Regulatory Agenda

Water Court Rules for Surface and ground Ground Water water users on the Withdrawals in Rio Grande and in Sections 37-90- Water Division A review to ensure the San Luis Valley, Division of 137(12)(b)(I), February 3 affecting the clear and concise water resource Water Review C.R.S. (2003), and X Unknown 2017 Rate or language will take engineers, Resources section 37-92- Direction of place geologists, 501, C.R.S. movement of hydrologists, water water in the lawyers, ground Confined water modelers aquifer Water Court Sections 37-80- Rules for the 102(1)(g), 37-80- A review to ensure Measurement Division of 104, 37-92-501, clear and concise March 2017 of tributary Water Review 37-92-502(5), Title X Unknown language will take ground water Resources 37, Article 65 place. in the South (South Platte Platte Basin River Compact Sections § 37-80- Compact Rules 102(1)(a), § 37- Governing 80-104, and § 37- Improvements 92-501, C.R.S., to to Surface ensure A review to ensure Division of Water compliance with clear and concise Unknown Water Review X Unknown Irrigation the terms of the language will take Resources Systems in the Arkansas River place. Arkansas River Compact, 63 Stat. Basin in 145; § 37-69-101, Colorado et seq., C.R.S. (Compact Water Court U.S. Supreme The rulemaking will Division of November Republican New Court in Kansas v. consider the January Water 2016 River Compact Rules Nebraska & requirement to 2017 Resources Rules Colorado, Number offset impacts in

Department of Natural Resources 2017 Regulatory Agenda

126, Original, excess of Colorado’s Sections 37-80- apportionment 102(1)(a) & 37-80- under the Republican 104 River Compact as determined under the Final Settlement Stipulation, and work to ensure that all users of waters accounted for in Colorado’s Republican River Compact Accounting have a stake in ensuring ongoing compact compliance This rulemaking is required of the Rules and Division of Water Regulations Resources under HB concerning HB 16-1228 to develop Water users in the Division of Sections 37-80- November 16-1228, New rules for substitute South Platte and Water 123(1)(a) and 37- July 2017 2016 Agricultural Rules supply plans for Arkansas River Resources 92-308(12) Water decreed agricultural basins. Protection water protection Water Right Bill water rights per section 37-92- 305(19) Scheduled Water Court Regulation and Use for 8 week Rules of water withdrawals trial Governing the Division of New SEctions37-80-104 from the Confined Water users in San beginning in Ongoing Withdrawal of Water Rules & 37-92-501 and Unconfined Luis Valley Jan. 2018. Groundwater Resources aquifers in the San Currently in Water Luis Valley negotiating Division No. 3 with

Department of Natural Resources 2017 Regulatory Agenda

objectors to obtain settlement

The following constitutes Colorado State Land Board DRA for 2016-2017 and is provided in accordance with Colo. Rev. Stat. §24-7-203(2)(a)(IV):

Department of Natural Resources