Colorado Department of Agriculture
Plants Division
Rules and Regulation Pertaining to the Administration and Enforcement of the Colorado Chemigation Act
8 CCR 1203-8
STATEMENT OF BASIS AND PURPOSE
Pursuant to the provisions and requirements of the Chemigation Act to regulate the application of fertilizers or pesticides to land or crop through irrigation systems, Title 35, Article 11, CRS, the following rules and regulations are hereby promulgated.
The purpose of these rules and regulations is to comply with the provisions of the associated statute and to provide specific guidelines for the safe and effective application of fertilizers and pesticides to land or crops through irrigation systems.
The regulations are designed to:
Set standards for the installation and maintenance of antisyphoning devices within irrigation systems employing chemigation that will prevent the contamination of ground waters in the event of a power or equipment malfunction;
Establish inspection procedures;
Establish procedures and policies for entering into agreements with ground water management districts for the purposes of enforcing the provisions of Article 11 within the boundaries of the district;
Set procedures for monitoring the activities of ground water management districts that have entered into agreements with the Department; and
Determine permit and inspection fees.
SECTION 4.	PERMIT AND INSPECTION FEES
4.01	The annual permit fee shall be forty-five dollars ($45.00) thirty-five dollars ($35.00) for permits issued to permit holders outside of Groundwater Management Districts that have contracted with the Department for enforcement of Section 35-11-113 of the Chemigation Act, effective January 1, 1993 2007.
4.02	The annual permit fee shall be forty-five dollars ($45.00) thirty-five dollars ($35.00) for permit holders within Groundwater Management Districts that have contracted with the Department for enforcement of Section 35-11-113 of the Chemigation Act, effective January 1, 1993 2007.
4.03.	The inspection fee shall be forty dollars ($40.00) for the inspections conducted by the Commissioner.
4.04.	Upon completion of an inspection of a chemigation system conducted by the Commissioner, the permit holder shall be provided a billing for inspection of each chemigation system.
4.05.	Payment of the inspection fee shall be made to the Department within forty-five (45) days of the date of the inspection for inspections conducted by the Commissioner.
4.06.	Failure to submit payment of the inspection fee(s) to the Department or to a Groundwater Management District shall constitute a violation of these rules and regulations and shall be grounds for suspension or revocation of the permit.
4.07.	No permit shall be renewed until the permittee has paid all outstanding inspection fees.
4.08.	In the event that it is apparent to the Commissioner that no willful violation has occurred, there shall be no fee charged for the first reinspection of any system that fails to meet the standards set forth in Section 6.16 of these rules and regulations.
(a)	A permittee who fails to correct a malfunctioning system by the time of the first reinspection by the Commissioner shall be required to pay the inspection fee for any subsequent inspection.
4.09.	Each irrigation system for which a permit has been issued may be inspected at least once every two years.
Section 10. – 12.	RESERVED
Section 13.	STATEMENTS OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE
13.01	Adopted March 31, 1989 – Effective July 1, 1989
Pursuant to the provisions and requirements of the Chemigation Act to regulate the application of fertilizers or pesticides to land or crop through irrigation systems, Title 35, Article 11, CRS, the following rules and regulations are hereby promulgated.
The purpose of these rules and regulations is to comply with the provisions of the associated statute and to provide specific guidelines for the safe and effective application of fertilizers and pesticides to land or crops though irrigation systems.
The regulations are designed to:
Set standards for the installation and maintenance of antisyphoning devices within irrigation systems employing chemigation that will prevent the contamination of ground waters in the event of a power or equipment malfunction;
Establish inspection procedures;
Establish procedures and policies for entering into agreements with ground water management districts for the purpose of enforcing the provisions of Article 11 within the boundaries of the district;
Set procedures for monitoring the activities of ground water management districts that have entered into agreements with the Department; and
Determine permit and inspection fees.
13.02	Adopted September 4, 1992 – Effective January 1, 1993
The following rules are hereby promulgated under the authority of the Colorado Chemigation Act, pursuant to Sections 35-11-104(1) (c), C.R.S. (1991 Supp.). They deal with the raising of permit fees.
It has become necessary to raise permit fees in order to help provide the revenue needed to cover all costs of operating the chemigation inspection program. Raising of permit fees has been made possible by amendments in Senate Bill 92-28, which removes the caps on permit and inspection fees in section 35-11-106(3) and (4) of the Chemigation Act. The chemigation inspection program is totally self-funded and no startup moneys were provided by the legislature when the enabling legislation was passed. It was necessary to borrow money from the state treasurer in order to initiate the program prior to the receiving of any revenues from permit and inspection fees. An increase in revenue is needed to pay back the loan and maintain the program at the current level.
All permit fees are raised to forty-five dollars both inside and outside Groundwater Management Districts that have contracted with the Department of Agriculture to perform inspections under the authority of the Chemigation Act. The cost to the Department of permitting and providing follow-up legal action inside the contracting districts is equally as great as the cost outside the contracting districts.
13.03	Adopted February 20, 2002 – Effective March 30, 2002
These amendments pertain to Section 1 Terms Defined and Construed, Section 2 Affidavit of Non-Chemigation, Section 3 Chemigation Permits, Section 6 Equipment, Standards and Installation, Section 8 Exemptions and the furtherance and enforcement of the provisions of the Colorado Chemigation Act, C.R.S. §§ 35-11-101 through 117.
13.04	Adopted November 13, 2006 – Effective January 1, 2007
Statutory Authority
This amendment to the rules is adopted by the Commissioner of Agriculture pursuant to his authority under the Colorado Chemigation Act, § 35-11-104 (1)(c), C.R.S. (2006).
Purpose
The purpose of these amendments to the rules is to: (1) reduce the annual permit fee from $45.00 to $35.00 for permits issued to permit holders outside of Ground Water Management Districts that have contracted with the Department for the enforcement of § 35-11-113 of the Chemigation Act; (2) reduce the annual permit fee from $45.00 to $35.00 for permit holders within Ground Water Management Districts that have contracted with the Department for enforcement of § 35-11-113 of the Chemigation Act; and (3) to include a section for Statements of Basis, Specific Statutory Authority and Purpose for this rule.
Factual and Policy Issues
The factual and policy issues encountered in the proosal of these amendments to the rules are as follows:
Pursuant to the Colorado Chemigation Act § 35-11-106 (3), the fee for a chemigation permit and the annual renewal fee shall be established by the Commissioner through rules and regulations. Such fees shall reflect all direct and indirect costs of the Department for the administration of this article. A $35.00 annual permit is adequate to cover all direct and indirect costs.