Date: 08/19/2015
Final
Flexible Water Markets
WATER RESOURCES REVIEW COMMITTEE
| Votes: View--> | Action Taken: |
| <none> | <none> |
10:05 AM -- Flexible Water Markets
Andrew P. Jones, Lawrence Jones Custer Grasnick LLP, distributed the reengrossed version of House Bill 15-1038 concerning flexible water markets (Attachment C) and explained current water law concerning water exchanges, substitute water supplies, and changes of water rights. He also explained how these water rights are administered and identified measures to protect other water rights from water exchanges, substitute water supplies, and changes of water rights. He also discussed the requirements for obtaining a priority date for a water exchange. He summarized the provisions of House Bill 15-1038 that was postponed indefinitely in the Senate Committee on Agriculture, Natural Resources, & Energy. This bill would have excluded certain water use, called flex use, from the anti-speculation doctrine and created a process for approval of a flex use change-in-use decree and a flex use substitute water supply plan. It would have allowed a holder of an irrigation water right who seeks to implement fallowing, regulated deficit irrigation, reduced consumptive use cropping, or other alternatives to the permanent dry-up of irrigated lands, to apply for a change in use to any beneficial use, without designating the specific beneficial use to which the water will be applied.
Attachment C.pdf
10:23 AM
Mr. Jones responded to questions from the committee about the provisions of HB 15-1038 and identified concerns with the bill that may have lead to its being postponed indefinitely. He also discussed efforts to address these concerns and possible legislation to authorize flexible water markets. He also responded to questions from the committee about the potential benefits of flexible water markets and how the legislation may be implemented, and explained how additional storage may enable flexible water use.