Date: 09/07/2012

Final
Proposed Legacy Ditch Legislation

WATER RESOURCES REVIEW COMMITTEE

Votes: View--> Action Taken:
Moved to draft a bill to address historic consumptPass Without Objection


11:36 AM -- Proposed Legacy Ditch Legislation

P. Andrew Jones, representing Lawrence, Jones, Custer, & Grasmick, LLC, described the history of water rights development in Colorado and discussed problems with determining the meaning of certain court decrees concerning these early water rights. He also described recent case law concerning the Jones Ditch and Burlington Ditch Reservoir and Land Company that affected the historical use determinations for certain earlier water rights (Attachment F). He explained that these court decision have increased uncertainty in water rights, prevented ditch wide change in use cases, and created the potential for large scale requantification of senior water rights.

Attachment F.pdf

11:54 AM

Mr. Jones proposed legislation to address the problem affecting legacy ditches. Under the proposal, if the decree establishing a water right provides no express limit on the amount or location of acreage the right may irrigate, then acreages irrigated within 50 years following the entry of the original decree would be considered to be within the lawful service area of the ditch. This legislation would also allow irrigation upgradient of established ditches to be recognized as lawful so long as total irrigated acreage does not exceed the amount established by application of the 50-year statute of limitations.

12:00 PM

Dick Wolfe, State Engineer, Director of the Division of Water Resources, responded to questions from the committee about the availability of historic records of water diversion including reports and aerial photos of irrigated acres. Such information could be used to help determine the historic use for certain legacy ditches.

BILL:Proposed Legacy Ditch Legislation
TIME: 12:02:35 PM
MOVED:Hodge
MOTION:Moved to draft a bill to address historic consumptive use of certain legacy ditch companies. The motion passed without objection.. The motion passed without objection.
SECONDED:Vigil
VOTE
Baumgardner
Brophy
Giron
Excused
Hodge
Roberts
Swerdfeger
Excused
Vigil
Wilson
Schwartz
Sonnenberg
Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection