§ 35-11-101. Short Title
This article shall be known and may be cited as the “Colorado Chemigation Act”. Source: L. 87: Entire article RC&RE, p. 1278, § 1, effective July 1.
§ 35-11-102. Definitions
As used in this article, unless the context otherwise requires: “Chemical” means any fertilizer or pesticide. “Chemigation” means any process whereby chemicals are applied to land or crops in or with water through a closed irrigation system. “Chemigation” does not mean any process whereby chemicals are applied to land or crops in or with water […]
§ 35-11-103. Chemigation Permit
On and after January 1, 1990, no person shall apply or authorize the application of chemicals to land or crops through the use of chemigation unless such person obtains a chemigation permit from the department. On and after July 1, 1987, a person may obtain, pursuant to section 35-11-105, a provisional chemigation permit from the […]
§ 35-11-104. Rules and Regulations
The commissioner shall promulgate rules and regulations pursuant to section 24-4-103, C.R.S., to: Administer the chemigation permit program; Establish equipment or performance standards and installation requirements; Establish fees for the direct and indirect costs of administering the provisions of this article; and Establish criteria for the entry of inspectors upon lands for purposes of conducting […]
§ 35-11-105. Issuance of Provisional Chemigation Permit – Fees
On and after July 1, 1987, and before January 1, 1990, any person who intends to utilize chemigation may, before commencing, file with the department an application for a provisional chemigation permit for each irrigation system utilizing chemigation. Such application shall be on forms provided by the department. The applicant for a provisional chemigation permit […]
§ 35-11-106. Issuance of Chemigation Permit – Fees
On and after January 1, 1990, any person who intends to utilize chemigation shall, before commencing, file with the department an application for a chemigation permit for each irrigation system utilizing chemigation. Such application shall be on forms provided by the department. The applicant for a chemigation permit shall, on the application, certify that the […]
§ 35-11-107. Equipment and Installation Requirements
An irrigation system utilizing chemigation on and after January 1, 1990, or an irrigation system which has been issued a provisional chemigation permit shall have, as component parts thereof, a properly installed and functioning: Backflow prevention check valve and vacuum relief valve between the main check valve and the irrigation pump; Inspection port to check […]
§ 35-11-108. Affidavit in Lieu of Permit
For the calendar year beginning January 1, 1990, and for each calendar year thereafter, the owner of an irrigation system who does not intend to utilize chemigation during the calendar year shall notify the department of such intent. Notification shall be by an affidavit provided by the department. Source: L. 87: Entire article RC&RE, p. […]
§ 35-11-109. Replacement or Modification of Equipment
Any permit holder who replaces, alters, or modifies or who authorizes the replacement, alteration, or modification of chemigation equipment for an irrigation system which has been issued a chemigation permit shall notify the department within seven days of such replacement, alteration, or modification. Such notification shall be on a form provided by the department. The […]
§ 35-11-110. Failure to Pass Inspection – Summary Suspension – Repair Orders
A permit holder operating any irrigation system which does not pass an inspection due to the failure to have installed and operating any device required by section 35-11-107 or the failure to properly install such a device shall have such permit summarily suspended by the inspector at the time of the inspection. Such summary suspension […]
§ 35-11-111. Inspections – Entry Upon Land
Each irrigation system for which a permit has been issued may be inspected once every two years. Prior to an inspection, the inspector shall notify a permit holder of the time and date of an inspection. The inspector shall inform the permit holder that he is entitled to be present at the inspection. If a […]
§ 35-11-112. Denial, Suspension, or Revocation of Permit
Pursuant to the applicable provisions of article 4 of title 24, C.R.S., the commissioner may deny, suspend, revoke, restrict, or refuse to renew the permit of an applicant or permit holder, as the case may be, who: Fails to have installed and operating, or to have properly installed, any device required by section 35-11-107; Has […]
§ 35-11-113. Enforcement by Ground Water Management Districts
Any ground water management district may contract with the department to enforce the provisions of this article and the rules and regulations promulgated pursuant to this article within the boundaries of the district. Inspectors in ground water management districts which contract with the department shall be employees of the district, and the state or the […]
§ 35-11-114. Chemigation Program Management Fund – Transfer of Moneys to Plant Health, Pest Control, and Environmental Protection Cash Fund – Fees
All fees collected pursuant to this article shall be transmitted to the state treasurer, who shall credit the same to the plant health, pest control, and environmental protection cash fund created in section 35-1-106.3. Within sixty days after July 1, 2009, the unexpended and unencumbered balance of the chemigation program management fund, as that fund […]
§ 35-11-115. Penalties
On and after January 1, 1990, any person utilizing chemigation without a permit commits a class 6 felony and shall be punished as provided in section 18-1.3-401 (1)(a)(IV), C.R.S., and by a fine not to exceed one thousand dollars. Any person who violates any provision of subsection (1) of this section shall also be subject […]
§ 35-11-116. Injunctive Proceedings
The department may, through the attorney general of the state of Colorado, apply for civil penalties and for an injunction to enjoin any person from committing any act declared to be unlawful by this article. Such application shall be heard in the district court of the county in which the grounds for the action arose. […]
§ 35-11-117. Effective Date of Rules and Regulations
The effective date for the initial rules and regulations promulgated pursuant to this article shall be July 1, 1989. Source: L. 88: Entire section added, p. 1221, § 6, effective July 1.