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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0613.01 Sarah Lozano x3858 HOUSE BILL 26-1112
House Committees Senate Committees
Energy & Environment
A BILL FOR AN ACT
CONCERNING STATE REGULATION OF UNDERGROUND INJECTION101
CONTROL WELLS.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The bill grants the energy and carbon management commission
(commission) authority over class I, class IV, and class V injection wells
and allows the commission to seek and adopt rules related to primacy
from the United States environmental protection agency (EPA) for these
classes of injection wells. The commission may assess and collect fees
related to the regulation of class I, class IV, and class V injection wells.
HOUSE SPONSORSHIP
Paschal and Smith,
SENATE SPONSORSHIP
Hinrichsen and Simpson,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
A person that willfully violates a rule, permit, authorization, or order of
the commission related to these classes of injection wells commits a
misdemeanor and is subject to certain penalties.
The bill also grants the mined land reclamation board (board)
authority over class III injection wells and allows the board to seek and
adopt rules related to primacy from the EPA for class III injection wells.
The board may assess and collect fees related to the regulation of class III
injection wells. A person that violates a rule, permit, authorization, or
order of the board related to class III injection wells or that operates a
class III injection well without a permit from the board is subject to
certain penalties. The bill also provides that a class III injection well is
not eligible for an exemption from designated mining operation status,
which status subjects the operator to certain rules adopted by the board.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds that:3
(a) Underground injection control wells, referred to in this section4
as "UIC wells", are used to place fluid underground into geologic5
formations;6
(b) The United States environmental protection agency, referred7
to in this section as the "EPA", regulates the construction and operation8
of 6 classes of UIC wells, which are classified based on the type of fluid9
injected and the depth of the injection in relation to underground sources10
of drinking water;11
(c) The federal "Safe Drinking Water Act" requires the EPA to12
develop UIC well program requirements that protect underground sources13
of drinking water from endangerment;14
(d) The EPA may grant primacy enforcement and regulatory15
authority, referred to in this section as "primacy", to a state;16
(e) Colorado, specifically the Colorado energy and carbon17
management commission, has primacy over class II UIC wells and18
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anticipates gaining primacy over class VI UIC wells in 2026; all other1
classes of UIC wells are still regulated by the EPA; and2
(f) As of July 2025, over half of the states in the United States3
have been granted primacy by the EPA for at least class I, II, III, IV, and4
V UIC wells, and 5 states have been granted full primacy for all UIC well5
classes.6
(2) The general assembly therefore declares that:7
(a) It is in the public interest for Colorado state agencies to8
regulate all UIC well classes;9
(b) Primacy over all UIC well classes will enable Colorado to10
have a tailored approach to UIC well regulation that:11
(I) Considers all relevant factors;12
(II) Attracts and supports emerging industries with technologies13
to help achieve climate goals, including carbon management, geothermal,14
and hydrogen operations;15
(III) Facilitates innovative water management strategies, including16
aquifer recharge, storage, and recovery necessary to meet the state's water17
challenges;18
(IV) Provides a more straightforward approach to permitting,19
authorizing, and regulating several industries where state and federal20
authorities currently overlap; and21
(V) Provides reliability in resource commitment and expectations22
amidst fluctuating federal priorities;23
(c) Colorado will regulate UIC wells in a manner that protects24
public health, safety, and welfare; the environment; wildlife resources;25
and underground sources of drinking water; and26
(d) The Colorado energy and carbon management commission27
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should lead the state's primacy application process and collaborate with1
the division of reclamation, mining, and safety and the division of water2
resources in the Colorado department of natural resources, the Colorado3
department of public health and environment, and the Colorado4
department of labor and employment.5
SECTION 2. In Colorado Revised Statutes, 34-60-106, add (23)6
and (24) as follows:7
34-60-106. Additional powers of commission - fees - rules -8
definitions - repeal.9
(23) (a) (I) NOTWITHSTANDING SECTION 34-60-120 OR ANY OTHER10
PROVISION OF LAW OTHER THAN SECTION 34-60-105 (4), AS TO CLASS I,11
CLASS IV, AND CLASS V INJECTION WELLS CLASSIFIED IN 40 CFR 144.6,12
THE COMMISSION MAY PERFORM ALL ACTS FOR THE PURPOSE OF13
PROTECTING UNDERGROUND SOURCES OF DRINKING WATER IN14
ACCORDANCE WITH STATE PROGRAMS AUTHORIZED BY THE FEDERAL15
"SAFE DRINKING WATER ACT", 42 U.S.C. SEC . 300f ET SEQ ., AND16
REGULATIONS UNDER THOSE SECTIONS, AS AMENDED.17
(II) THE COMMISSION MAY SEEK AND ADOPT RULES RELATED TO18
CLASS I, CLASS IV, AND CLASS V INJECTION WELL PRIMACY UNDER THE19
FEDERAL "SAFE DRINKING WATER ACT", 42 U.S.C. SEC . 300f ET SEQ.,20
AND REGULATIONS UNDER THOSE SECTIONS , AS AMENDED . UPON21
RECEIVING PRIMACY , THE COMMISSION MAY ENFORCE RULES FOR THE22
PERMITTING, AUTHORIZATION, AND REGULATION OF CLASS I, CLASS IV,23
AND CLASS V INJECTION WELLS IN ACCORDANCE WITH THIS SUBSECTION24
(23).25
(b) A PERSON THAT WILLFULLY VIOLATES A CLASS I, CLASS IV, OR26
CLASS V INJECTION WELL RULE, PERMIT, AUTHORIZATION, OR ORDER OF27
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THE COMMISSION ISSUED PURSUANT TO THIS SUBSECTION (23) COMMITS A1
MISDEMEANOR AND , UPON CONVICTION BY A COURT OF COMPETENT2
JURISDICTION, IS SUBJECT TO A FINE OF AT LEAST FIVE THOUSAND DOLLARS3
AND NO MORE THAN SEVEN THOUSAND FIVE HUNDRED DOLLARS FOR EACH4
ACT OF VIOLATION AND FOR EACH DAY THAT THE PERSON REMAINS IN5
VIOLATION.6
(c) (I) FOR THE PURPOSES OF IMPLEMENTING AND ADMINISTERING7
THIS SUBSECTION (23), THE COMMISSION MAY ASSESS AND COLLECT FEES,8
INCLUDING, BUT NOT LIMITED TO, PERMITTING AND REGULATORY FEES FOR9
CLASS I, CLASS IV, AND CLASS V INJECTION WELLS, IN AN AMOUNT AND10
FREQUENCY DETERMINED BY THE COMMISSION BY RULE. THE COMMISSION11
SHALL SET THE FEES IN AN AMOUNT TO COVER THE COMMISSION'S DIRECT12
AND INDIRECT COSTS OF IMPLEMENTING AND ADMINISTERING THIS13
SUBSECTION (23).14
(II) THE STATE TREASURER SHALL CREDIT THE FEES ASSESSED AND15
COLLECTED PURSUANT TO SUBSECTION (23)(c)(I) OF THIS SECTION TO THE16
ENERGY AND CARBON MANAGEMENT CASH FUND CREATED IN SECTION17
34-60-122 (5).18
(d) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE19
CONTRARY, NOTHING IN THIS SECTION ESTABLISHES, ALTERS, IMPAIRS, OR20
NEGATES THE ABILITY OF A LOCAL GOVERNMENT TO REGULATE LAND USE21
RELATED TO CLASS I, CLASS IV, OR CLASS V INJECTION WELLS.22
(24) N OTWITHSTANDING SECTION 34-60-115, ANY ACTION23
UNDERTAKEN PURSUANT TO SUBSECTION (9)(c)(II)(B) OF THIS SECTION OR24
SUBSECTION (23)(b) OF THIS SECTION MUST COMMENCE WITHIN FIVE25
YEARS AFTER THE DATE THAT THE COMMISSION DISCOVERS THE ALLEGED26
VIOLATION.27
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SECTION 3. In Colorado Revised Statutes, 34-60-124, amend1
(1)(g) as follows:2
34-60-124. Energy and carbon management cash fund -3
definitions.4
(1) The state treasurer shall credit the following money to the5
fund:6
(g) Money credited to the fund pursuant to sections 34-60-106,7
34-64-108 (4), and 37-90.5-106 (4).8
SECTION 4. In Colorado Revised Statutes, 34-32-103, amend9
(3.5)(a)(II), (3.5)(a)(III), (5.7), and (8); and add (2.7) and (3.5)(a)(IV) as10
follows:11
34-32-103. Definitions - rules.12
As used in this article 32, unless the context otherwise requires:13
(2.7) (a) "C LASS III INJECTION WELL " MEANS A WELL AS14
CLASSIFIED IN 40 CFR 144.6 THAT IS USED TO INJECT FLUIDS AND EXTRACT15
MINERALS AND IS DRILLED PURSUANT TO AUTHORIZATION FOR A CLASS III16
INJECTION WELL ISSUED UNDER THE FEDERAL "SAFE DRINKING WATER17
ACT", 42 U.S.C. SEC . 300f ET SEQ ., AND REGULATIONS UNDER THOSE18
SECTIONS, AS AMENDED.19
(b) "CLASS III INJECTION WELL" DOES NOT INCLUDE A PRODUCTION20
WELL THAT BRINGS MINING FLUIDS TO THE SURFACE.21
(3.5) (a) "Designated mining operation" means a mining operation22
at which:23
(II) Acid- or toxic-forming materials will be exposed or disturbed24
as a result of mining operations; or25
(III) Uranium is developed or extracted, either by in situ leach26
mining or by conventional underground or open mining techniques. A27
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uranium mining operation OTHER THAN IN SITU LEACH MINING may seek1
an exemption from designated mining operation status in accordance with2
section 34-32-112.5 (2); OR3
(IV) A CLASS III INJECTION WELL IS OPERATED, WHICH OPERATION4
IS NOT ELIGIBLE FOR AN EXEMPTION FROM DESIGNATED MINING5
OPERATION STATUS IN ACCORDANCE WITH SECTION 34-32-112.5 (2).6
(5.7) "In situ leach mining" means in situ mining for uranium7
through the in-place dissolution of mineral components of an ore deposit8
by causing a chemical leaching solution, usually aqueous, to penetrate or9
to be pumped down wells through the or e body and then removing the10
mineral-containing solution for development or extraction of the mineral11
values.12
(8) "Mining operation" means the development or extraction of a13
mineral from its natural occurrences or within refuse on affected land.14
"Mining operation" includes, but is not limited to, open mining, in situ15
mining, in situ leach mining, surface operations, OPERATIONS RELATED TO16
CLASS III INJECTION WELLS, and the disposal of refuse from underground17
mining, in situ mining, and in situ leach mining. "Mining operation" also18
includes the following operations on affected lands: Transportation,19
concentrating, milling, evaporation, removal of waste piles and refuse,20
and other processing. "Mining operation" does not include: The21
exploration and extraction of natural petroleum in a liquid or gaseous22
state by means of wells or pipe; the development or extraction of coal; the23
extraction of geothermal resources; smelting, refining, cleaning,24
preparation, transportation, and other off-site operations not conducted on25
affected land; or the extraction of construction material where there is no26
development or extraction of any mineral.27
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SECTION 5. In Colorado Revised Statutes, 34-32-107, add (3)1
as follows:2
34-32-107. Powers of board - authority to regulate class III3
injection wells - misdemeanor - fees - rules.4
(3) (a) (I) T HE BOARD, AS TO CLASS III INJECTION WELLS , MAY5
PERFORM ALL ACTS FOR THE PURPOSES OF PROTECTING UNDERGROUND6
SOURCES OF DRINKING WATER IN ACCORDANCE WITH STATE PROGRAMS7
AUTHORIZED BY THE FEDERAL "SAFE DRINKING WATER ACT", 42 U.S.C.8
SEC. 300f ET SEQ ., AND REGULATIONS UNDER THOSE SECTIONS , AS9
AMENDED.10
(II) THE BOARD MAY SEEK AND ADOPT RULES RELATED TO CLASS11
III INJECTION WELL PRIMACY UNDER THE FEDERAL "SAFE DRINKING12
WATER ACT", 42 U.S.C. SEC. 300f ET SEQ ., AND REGULATIONS UNDER13
THOSE SECTIONS, AS AMENDED. UPON RECEIVING PRIMACY, THE BOARD14
MAY ENFORCE RULES FOR THE PERMITTING , AUTHORIZATION , AND15
REGULATION OF CLASS III INJECTION WELLS IN ACCORDANCE WITH THIS16
SUBSECTION (3).17
(b) (I) A PERSON THAT WILLFULLY VIOLATES A CLASS III INJECTION18
WELL RULE, PERMIT, AUTHORIZATION, OR ORDER OF THE BOARD ISSUED19
PURSUANT TO THIS SUBSECTION (3) COMMITS A MISDEMEANOR AND, UPON20
CONVICTION BY A COURT OF COMPETENT JURISDICTION, IS SUBJECT TO A21
FINE OF AT LEAST FIVE THOUSAND DOLLARS AND NO MORE THAN SEVEN22
THOUSAND FIVE HUNDRED DOLLARS FOR EACH ACT OF VIOLATION AND FOR23
EACH DAY THAT THE PERSON REMAINS IN VIOLATION.24
(II) ANY ACTION UNDERTAKEN PURSUANT TO SUBSECTION (3)(b)(I)25
OF THIS SECTION MUST COMMENCE WITHIN FIVE YEARS AFTER THE DATE26
THAT THE BOARD DISCOVERS THE ALLEGED VIOLATION.27
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(c) (I) FOR THE PURPOSES OF IMPLEMENTING AND ADMINISTERING1
THIS SUBSECTION (3), THE BOARD MAY ASSESS AND COLLECT FEES ,2
INCLUDING, BUT NOT LIMITED TO, PERMITTING AND REGULATORY FEES FOR3
CLASS III INJECTION WELLS, IN AN AMOUNT AND FREQUENCY DETERMINED4
BY THE BOARD BY RULE. THE BOARD SHALL SET THE FEES IN AN AMOUNT5
TO COVER THE BOARD 'S DIRECT AND INDIRECT COSTS OF IMPLEMENTING6
AND ADMINISTERING THIS SUBSECTION (3).7
(II) THE STATE TREASURER SHALL CREDIT THE FEES ASSESSED AND8
COLLECTED PURSUANT TO SUBSECTION (3)(c)(I) OF THIS SECTION TO THE9
MINED LAND RECLAMATION FUND CREATED IN SECTION 34-32-127 (1)(a).10
SECTION 6. In Colorado Revised Statutes, 34-32-112.5, amend11
(2) as follows:12
34-32-112.5. Designated mining operation - rules.13
(2) If an operator demonstrates to the board at the time of applying14
for a permit or at a subsequent hearing that toxic or acidic chemicals are15
not stored or used on-site and that acid- or toxic-producing materials will16
not be used, stored, or disturbed in quantities sufficient to adversely affect17
any A person, any property, or the environment, UNLESS THE PERMIT IS18
FOR A CLASS III INJECTION WELL, the board shall exempt such operations19
whether conducted pursuant to section 34-32-110 or otherwise. The board20
may promulgate ADOPT rules governing the conduct of mining operations21
which THAT are exempted pursuant to this subsection (2).22
SECTION 7. In Colorado Revised Statutes, 34-32-122, add (6)23
as follows:24
34-32-122. Fees, civil penalties, and forfeitures - deposit -25
emergency response cash fund - created - definition.26
(6) A N OPERATOR THAT VIOLATES A CLASS III INJECTION WELL27
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RULE, PERMIT , AUTHORIZATION , OR ORDER ISSUED BY THE BOARD1
PURSUANT TO SECTION 34-32-107 (3) IS SUBJECT TO A CIVIL PENALTY OF2
AT LEAST TWO THOUSAND FIVE HUNDRED DOLLARS PER DAY BUT NO MORE3
THAN FIVE THOUSAND DOLLARS PER DAY FOR EACH ACT OF VIOLATION PER4
DAY THAT THE VIOLATION CONTINUES.5
SECTION 8. In Colorado Revised Statutes, 34-32-123, add (4)6
as follows:7
34-32-123. Operating without a permit - penalty.8
(4) N OTWITHSTANDING SUBSECTION (2) OF THIS SECTION AND9
UPON THE BOARD OBTAINING REGULATORY PRIMACY PURSUANT TO10
SECTION 32-34-107 (3), AN OPERATOR THAT OPERATES A CLASS III11
INJECTION WELL WITHOUT A PERMIT ISSUED BY THE BOARD IS SUBJECT TO12
A CIVIL PENALTY AS DESCRIBED IN SECTION 34-32-122 (6).13
SECTION 9. In Colorado Revised Statutes, 34-32-124, amend14
(7) as follows:15
34-32-124. Failure to comply with conditions of order, permit,16
or regulation.17
(7) Any A person who THAT violates any provision of any permit18
issued under this article shall be ARTICLE 32, OTHER THAN A CLASS III19
INJECTION WELL PERMIT, IS subject to a civil penalty of not less than one20
hundred dollars per day nor more than one thousand dollars per day for21
each day during which such violation occurs; except that any AN operator22
who THAT operates under a permit issued under section 34-32-110 shall23
be IS subject to a civil penalty of not less than fifty dollars nor more than24
two hundred dollars per day for each day during which such THE violation25
occurs.26
SECTION 10. In Colorado Revised Statutes, 34-32-127, amend27
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(2)(a) introductory portion and (2)(a)(IV) introductory portion; and add1
(2)(a)(I)(P) and (2)(a)(IV)(H) as follows:2
34-32-127. Mined land reclamation fund - created - fees - fee3
adjustments - rules.4
(2) (a) The office shall collect fees for STATE fiscal year 2014-155
and for each subsequent year of operation for operations according to the6
following schedule:7
(I) Applications pursuant to:8
(P) S ECTION 34-32-107 (3) RELATING TO CLASS III INJECTION9
WELLS.10
(IV) Annual fees for STATE fiscal year 2014-15 and for each11
subsequent year for operations pursuant to:12
(H) S ECTION 34-32-107 (3) RELATING TO CLASS III INJECTION13
WELLS.14
SECTION 11. In Colorado Revised Statutes, 16-5-401, amend15
(4.5)(z) and (4.5)(aa); and add (4.5)(bb) as follows:16
16-5-401. Limitation for commencing criminal proceedings,17
civil infraction proceedings, and juvenile delinquency proceedings -18
definitions.19
(4.5) The period within which a prosecution must be commenced20
begins to run upon discovery of the criminal act or the delinquent act for:21
(z) Abuse of a corpse, pursuant to section 18-13-101; and22
(aa) Criminal offenses relating to misuse of gametes, pursuant to23
section 18-13-131; AND24
(bb) O FFENSES RELATED TO A WILLFUL VIOLATION OF RULES ,25
PERMITS, AUTHORIZATIONS , OR ORDERS RELATED TO UNDERGROUND26
INJECTION WELLS ADOPTED BY THE ENERGY AND CARBON MANAGEMENT27
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COMMISSION PURSUANT TO SECTION 34-60-106 (9) AND (23) OR ADOPTED1
BY THE MINED LAND RECLAMATION BOARD PURSUANT TO SECTION2
34-32-107 (3).3
SECTION 12. Act subject to petition - effective date -4
applicability. (1) This act takes effect at 12:01 a.m. on the day following5
the expiration of the ninety-day period after final adjournment of the6
general assembly (August 12, 2026, if adjournment sine die is on May 13,7
2026); except that, if a referendum petition is filed pursuant to section 18
(3) of article V of the state constitution against this act or an item, section,9
or part of this act within such period, then the act, item, section, or part10
will not take effect unless approved by the people at the general election11
to be held in November 2026 and, in such case, will take effect on the12
date of the official declaration of the vote thereon by the governor.13
(2) This act applies to conduct occurring on or after the applicable14
effective date of this act.15
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