Executive Director’s Office
1313 Sherman Street, Room 718
Denver, CO 80203
Memorandum
From:
Date:
Re:
Mike King
March 31, 2015
Review of Rules Pursuant to SB 14-063
Senate Bill 14-063 requires each Principal Department to conduct a review of its rules to assess the
continuing need for, and the appropriateness and cost effectiveness of, its rules to determine if they
should be continued in their current form, modified, or repealed. See 24-4-103.3, C.R. S. The bill sets
forth a list of considerations in conducting the review, including:
1. Whether the rule is necessary;
2. Whether the rule overlaps or duplicates other rules of the agency or with other federal, state,
or local government rules;
3. Whether the rule is written in plain language and is easy to understand;
4. Whether the rule has achieved the desired intent and whether more or less regulation is
necessary;
5. Whether the rule can be amended to give more flexibility, reduce regulatory burdens, or
reduce unnecessary paperwork or steps while maintaining its benefits;
6. Whether the rule is implemented in an efficient and effective manner, including the
requirements for the issuance of permits and licenses;
7. Whether a cost-benefit analysis was performed by the applicable rule making agency or
official in the principal department pursuant to Section 24-4-103 (2.5); and
8. Whether the rule is adequate for the protection of the safety, health, and welfare of the state
or its residents.
The attached table summarizes the Department of Natural Resources’ schedule to review its rules
pursuant to SB 14-063 over the three-year period from January 1, 2015 through December 31, 2017. Each
of the rulemaking proceedings described below will include a public-participation process.
If you have quesitons about this review schedule or would like to provide input on the Department’s
reviews of its rules, please contact DNR Deputy Director Bob Randall, at 303-866-3311 or
[email protected].
Board of Land Commissioners |Division of Reclamation, Mining & Safety | Oil & Gas Conservation Commission
Water Conservation Board | Division of Forestry | Division of Water Resources | Division of Parks and Wildlife
CDNR Review of Rules Pursuant to SB 14-063
Page 2
DIVISION OF WATER RESOURCES
Period for Review
Rules & Subject Matter
Notes
Review in 2016, with
2 CCR 402-1 (Dam Safety and Construction)
Authoritative Body: State Engineer
Stakeholder comment
2 CCR 402-2 (Water Well Construction,
Authoritative Body: Board of Examiners of Water
period underway, with
Pump Installation, Cistern Installation and
Well & Pump Installation Contractors
rulemaking occurring on or
Monitoring and Observation Hole/Well
after Oct. 6, 2015.
Construction)
Review in 2016, with
2 CCR 402-3 (Adjudicatory Hearings before
Authoritative Body: Colorado Groundwater
potential amendments
the Colorado Ground Water Commission)
Commission
Review in 2015, with
2 CCR 402-4 (Small Capacity Well Permits in
Authoritative Body: State Engineer
potential amendments
Des. Basins)
potential amendments
adopted in 2017.
adopted in 2017.
adopted in 2016
Currently seeking input
2 CCR 402-5 (Procedural Rules for Hearings)
Authoritative Body: State Engineer
Review in 2017.
2 CCR 402-6 (Denver Basin Rules)
Authoritative Body: State Engineer
Review in 2017.
2 CCR 402-7 (Statewide Nontributary Rules)
Authoritative Body: State Engineer
Review in 2016.
2 CCR 402-8 (Senate Bill 89-181 Rules)
Authoritative Body: State Engineer
Draft amended rules
2 CCR 402-9 (Fees for Water Data Bank Cash
Authoritative Body: State Engineer
distributed, now awaiting
Fund, Publication Cash Fund, and Satellite
input from stakeholders.
Monitoring System Cash Fund)
from stakeholders, with
rulemaking occuring in
Sept. 2015.
Potential amendments to be
adopted in Nov.-Dec. 2015.
Review in 2017.
2 CCR 402-10 (Geothermal Rules)
Authoritative Body: State Engineer
Review in 2016.
2 CCR 402-11 (Denver Basin Artificial
Authoritative Body: State Engineer
Recharge Extraction Rules)
Review in 2017.
2 CCR 402-12 (Ark. River Water Bank Pilot
Authoritative Body: State Engineer
Program)
Repealed in 2004.
2 CCR 402-13 (Water Administration Fee
Authoritative Body: State Engineer
Program)
Review in 2015, with
2 CCR 402-14 (Administration of Licensing,
Authoritative Body: Board of Examiners of Water
potential amendments
Financial Responsibility, Continuing
Well & Pump Installation Contractors
adopted in 2016.
Education and Remedial Action)
Review in 2016.
2 CCR 402-15 (Submittal and Evaluation of
Authoritative Body: State Engineer
Interruptible Water Supply Agreements
Submitted Pursuant to 37‐92‐309 CRS)
Rules hearing scheduled for
2 CCR 402-16 (Measurement of Ground
September, 2015.
Water Diversions in Republican River Basin)
Rules recently promulgated,
2 CCR 402-17 (Determination of the
to be reviewed in 2017.
Nontributary Nature of Ground Water
Authoritative Body: State Engineer
Authoritative Body: State Engineer
Produced through Wells in Conjunction with
the Mining of Minerals)
Review in 2016, with
2 CCR 410-1 (Management and Control of
Authoritative Body: Colorado Groundwater
potential amendments
Designated Ground Water)
Commission
Water Court Rules (Diversion and Use of
Authoritative Body: State Engineer
adopted in 2017.
Review in 2017.
CDNR Review of Rules Pursuant to SB 14-063
Page 3
Tributary Ground Water in the Arkansas
River Basin)
Review in 2015, with
Water Court Rules (Measurement of
potential amendments
Tributary Ground Water Diversions Located
adopted in 2016.
in the Arkansas River Basin)
None. Rules stipulated by
Stipulated Rules (Use, Control and
court decree.
Protection of Surface and Ground Water
Authoritative Body: State and Division Engineer
Authoritative Body: State Engineer
Rights of the South Platte)
Review in 2017.
Water Court Rules (Ground Water
Authoritative Body: State Engineer
Withdrawals In Water Division 3 Affecting
the Rate or Direction of Movement of Water
in Confined Aquifer System)
Review in 2017.
Compact Rules (Improvements to Surface
Authoritative Body: State Engineer
Water Irrigation Systems in the Arkansas
River Basin in Colorado)
These rules were approved
Water Court Rules (Measurement of
by the Water Court in March
Tributary Ground Water Diversions Located
2013. No immediate
in the South Platte River Basin within Water
amendments planned. Staff
Division No. 1)
Authoritative Body: State Engineer
will review and make
recommendations following
first full year of reporting in
Spring 2015.
To be filed in Water Court
Proposed Water Court Rules (Withdrawal of
in early 2015.
Ground Water in Water Division 3)
Initial stakeholder meetings
Proposed Water Court Rules (Post-1985
held. Decision whether to
Depletions from the Arkansas River)
Authoritative Body: State Engineer
Authoritative Body: State Engineer
proceed will be made in
April 2015. If proceeding,
rulemaking will occur in
Dec. 2015.
COLORADO OIL AND GAS CONSERVATION COMMISSION
Period for Review
Rules & Subject Matter
Notes
2014
100 Series Rules (Definitions)
Regulatory efficiency review conducted in
300 Series Rules (Drilling, Development,
association with adoption of substantive changes
Production, and Abandonment)
to these rules.
600 Series Rules (Safety Regulations)
900 Series Rules (E&P Waste Management)
2015
300 Series Rules (Drilling, Development,
Production, and Abandonment)
This review will be conducted in conjunction with
rulemaking associated with implementing
600 Series Rules (Safety Regulations)
recommendations of the Governor’s Oil and Gas
800 Series Rules (Aesthetic and Noise)
Task Force and with COGCC’s 2015 proposed
900 Series Rules (E&P Waste Management)
regulatory agenda involving “Flood Plain Best
Practices,” “Noise,” “Horizontal Offset Well
Analysis for the Denver-Julesburg Basin,” and “900
Series Update.”
2016
1000 Series Rules (Reclamation)
Regulatory efficiency review
1100 Series Rules (Pipelines)
1200 Series Rules (Wildlife Resources)
2017
400 Series Rules (Unit Operations,
Enhanced Recovery Projects, and
Regulatory efficiency review
CDNR Review of Rules Pursuant to SB 14-063
Page 4
Storage of Liquid Hydrocarbons)
500 Series Rules (Practice/Procedure)
2 CCR 404-3 (Well Category Determination
Procedures)
COLORADO PARKS AND WILDLIFE
Period for Review
Rules & Subject Matter
Notes
March 2015
2 CCR 405-1 (P-1 - PARKS AND OUTDOOR
Open annually for all issues, to include review
RECREATION LANDS)
pursuant to factors in SB 14-063
March 2015
2 CCR 405-2 (P-2 – BOATING)
Administrative clean-ups made to entire chapter
Sept. 2017
2 CCR 405-3 (P-3 - RIVER OUTFITTERS)
Nov. 2017
2 CCR 405-4 (P-4 - SNOWMOBILE
Administrative clean-ups made to entire chapter
REGULATIONS)
in November 2014
2 CCR 405-5 (P-5 - OFF-HIGHWAY VEHICLE
Administrative clean-ups made to entire chapter
REGULATIONS)
in November 2014
2 CCR 405-6 (P-6 - PROCEDURAL RULES)
Administrative clean-ups made to entire chapter
in March 2015
Administrative clean-ups made to entire chapter
in September 2014
Nov. 2017
Nov. 2017
in November 2014
March 2015
May or July 2015
2 CCR 405-7 (P-7 - PASSES, PERMITS AND
Open annually for all issues, to include review
REGISTRATIONS)
pursuant to factors in SB 14-063
2 CCR 405-8 (P-8 - AQUATIC NUISANCE
Will be reviewed pursuant to factors in SB 14-063.
SPECIES (ANS))
Jan. and March 2015
2 CCR 406-0 (W-0 - GENERAL PROVISIONS)
Open annually for all issues, to include review
pursuant to factors in SB 14-063
Nov. 2015
2 CCR 406-1 (W-1 – FISHING)
January, March, May, Sept.
2 CCR 406-2 (W-2 - BIG GAME)
Open annually for all issues, to include review
pursuant to factors in SB 14-063
and Nov. 2015
Open several times each year to make annual
changes to quotas or seasons, administrative
clean-ups, and CPI adjustments; future reviews
will include factors in SB 14-063
July and Nov. 2015
2 CCR 406-3 (W-3 - FURBEARERS AND SMALL
Open several times each year to make annual
GAME EXCEPT MIGRATORY BIRDS)
changes to quotas or seasons, and will include
review pursuant to factors in SB 14-063
July and Aug. 2015
2 CCR 406-5 (W-5 - MIGRATORY BIRDS)
July 2017
2 CCR 406-6 (W-6 – FALCONRY)
Open annually for all issues, to include review
pursuant to factors in SB 14-063
Added #607H, and made administrative clean-ups
to entire chapter in July 2014.
---
RESERVED
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Nov. 2017
2 CCR 406-8 (W-8 - FIELD TRIALS AND
Administrative clean-ups made to entire chapter
TRAINING OF DOGS)
in November 2014
March 2015
2 CCR 406-9 (W-9 - WILDLIFE PROPERTIES)
Open annually for all issues, to include review
July 2017
2 CCR 406-10 (W-10 - NONGAME WILDLIFE)
pursuant to factors in SB 14-063
Removed greater sandhill crane from #1004A(5)
and made administrative clean-ups to entire
chapter in July 2012
March 2015
2 CCR 406-11 (W-11 - WILDLIFE PARKS AND
Amended #1103 exemptions and made
UNREGULATED WILDLIFE)
administrative clean-ups to entire chapter in
March 2015
May or July 2015
2 CCR 406-12 (W-12 - LAKE LICENSES)
Will be reviewed pursuant to factors in SB 14-063
Sept. 2016
2 CCR 406-13 (W-13 - POSSESSION OF
Added #1317B and made administrative clean-ups
CDNR Review of Rules Pursuant to SB 14-063
Page 5
WILDLIFE, SCIENTIFIC COLLECTING, AND
to entire chapter in September 2013
SPECIAL LICENSES)
Nov. 2016
2 CCR 406-14 (W-14 - WILDLIFE
Amended #1401A(2)a(14) and #1401A(2)b(13) on
REHABILITATION)
provisional inspections and made administrative
clean-ups to entire chapter in November 2013
Nov. 2015
2 CCR 406-15 (W-15 - LICENSE AGENTS)
Open annually for CPI adjustments to the sale of
licenses by license agents, and will include review
pursuant to factors in SB 14-063
Jan. 2017
2 CCR 406-16 (W-16 - PROCEDURAL RULES)
Added #1670D for disaster relief authority and
made administrative clean-ups to entire chapter in
January 2014
Nov. 2016
2 CCR 406-17 (W-17 - DAMAGE CAUSED BY
Added commercial market garden regulations
BIG GAME)
(#1700F) and #1719A to determine eligibility
requirements for temporary game damage
materials and made administrative clean-ups to
entire chapter in November 2012
DIVISION OF RECLAMATION, MINING, & SAFETY
Period for Review
Rules & Subject Matter
Notes
Jan. 2015 to Dec. 2015
2 CCR 407-2 (Regulations for Coal Mining)
Rule amendments will be proposed to clarify
existing rules and correct typographical errors.
The rule amendments will conform to the federal
counterpart regulations, 30 CFR Part 700, and also
to requirements set forth by the Director of the
Interior Department’s Office of Surface Mining
that arose out of deficiencies identified by OSM in
its ongoing review of the MLRB’s coal mining rules
Jan. 2015 to Dec. 2015
2 CCR 407-1
Rule amendments will be proposed for
Regulations for Hard Rock/Metal Mining
clarification, including Designated Mining
Operation liability release requirements, as well
as deletion of obsolete provisions. The rule
amendments will also include definition
clarifications, all of which will provide more
consistency and understandability
Jan. 2016 to Dec. 2016
2 CCR 407-4 (Regulations for Construction
To provide more conistency and understandability,
Material)
rule amendments will be proposed for
clarification, including requirements for annual
reports, as well as deletion of obsolete provisions.
Jan. 2017 to Dec. 2017
2 CCR 407-5 (Regulations for Coal Mine
Rule amendments will be proposed to align the
Health & Safety)
certification requirements for coal mine officials
with federal rules.
Jan. 2017 to Dec. 2017
2 CCR 407-6 (Regulations for Mine Safety &
Rule amendments will be proposed to reflect new
Training Program for Tourist Mines)
policies pertaining to operations that conduct
tours and mining/prospecting activities.
COLORADO WATER CONSERVATION BOARD
Period for Review
Rules & Subject Matter
Notes
June 2016
2 CCR 408-1 (Regulatory Floodplains in
Last reviewed and updated November 2010 to add
Colorado)
technical measures, such as freeboard, for
increased public safety and property protection.
March 2015
2 CCR 408-2 (Colorado Instream Flow and
Last reviewed and updated January 2009 to
Natural Lake Level Program)
implement HB 08-1280 to amend water acquisition
CDNR Review of Rules Pursuant to SB 14-063
Page 6
procedures (Rule #6).
Sept. 2016
Sept. 2017
2 CCR 408-3 (Recreational In-channel
Last reviewed and updated November 2006 in
Diversions)
accordance with CRS 37-92-102.
2 CCR 401-1 (Colorado Weather
Last updated May 2012. DORA performed sunset
Modificaiton)
review and made recommendations to CWCB and
the General Assembly, and CWCB updated rules
accordingly in accordance with CRS 36-20-107.
STATE LAND BOARD
Period for Review
Rules & Subject Matter
Notes
Sept. 2016
2 CCR 409-1 (Sale and Disposition of Forest
Staff reviewed these rules in 2014 pursuant to
Products from State Forest Lands)
criteria in SB 14-063.
Review completed in 2014.
2 CCR 409-2 (Procedures for Nomination,
SLB Commissioners will consider rescinding these
Rule rescision will begin in
Evaluation, and Selection of Stewardship
rules because they are inconsistent with statute
June 2015 and be
Trust Lands)
and their objectives can be handled more
completed in Dec. 2015.
effectively by Board Policy (400-1) than by formal
rule.