Date: 03/04/2013

Final
BILL SUMMARY for SB13-078

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Votes: View--> Action Taken:
Refer Senate Bill 13-078 to the Committee of the WPASS



02:06 PM -- Senate Bill 13-078

Representative Sonnenberg, sponsor, presented Senate Bill 13-078. This bill will allow the owners and users of water rights to correct an established, but erroneously described, point of diversion location description in a decree without having to file an application for a change in water right. The bill clarifies the circumstances under which a water right is deemed to be diverted at its decreed location and not erroneously described. Erroneously described points of diversion that are the result of a clerical error may be corrected by petitioning the water clerk up to 3 years after the diverter becomes aware of the mistake. The bill also sets forth a process for correcting erroneously described points of diversion not attributable to a clerical error.

02:09 PM -- Kevin Rein, State Engineer's Office, spoke in support of the bill. Mr. Rein discussed how this bill may help avoid potential problems with water rights, the number of diversion structures throughout Colorado, the difficulties of managing water rights that are not in their decreed locations, and the main functions of this bill. Mr. Rein answered questions from the committee regarding the cost and logistics of the process described in the bill. Committee discussion ensued regarding why this bill was brought forth. Mr. Rein answered questions from the committee regarding erroneously described point of diversion locations and the number of decreed points-of-diversion that are erroneously described.

02:24 PM

Representative Sonnenberg wrapped up his presentation of the bill.

02:25 PM

The committee took a brief recess.

02:27 PM

The committee came back to order.
BILL:SB13-078
TIME: 02:27:33 PM
MOVED:Sonnenberg
MOTION:Refer Senate Bill 13-078 to the Committee of the Whole. The motion passed on a vote of 12-0 with one excused.
SECONDED:Coram
VOTE
Buck
Excused
Coram
Yes
Garcia
Yes
Lebsock
Yes
McLachlan
Yes
McNulty
Yes
Mitsch Bush
Yes
Rankin
Yes
Rosenthal
Yes
Saine
Yes
Sonnenberg
Yes
Vigil
Yes
Fischer
Yes
Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS