First Regular Session
              Sixty-fifth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 05-0686.01 Thomas Morris        HOUSE BILL 05-1185
                    HOUSE SPONSORSHIP
 Brophy,
 
                   SENATE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Agriculture, Livestock, & Natural Resources
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the authorization of the operation of
            temporary changes of water rights for up to five
            years.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not necessarily reflect any amendments that may be subsequently
       adopted.)
       
            Specifies that the 5-year duration limit for a substitute water
       supply plan that relates to a temporary change of use of water for which
       no adjudication application has been filed applies to the period during
       which such temporary change may operate rather than to the depletions
       associated with the change.  Allows the approval of such temporary
       changes to mandate replacement of depletions beyond the 5-year period
       if necessary to protect senior water rights.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  The introductory portion to 37-92-308 (5) (a),
       Colorado Revised Statutes, is amended, and the said 37-92-308 (5) (a) is
       further amended BY THE ADDITION OF A NEW SUBPARAGRAPH,
       to read:
            37-92-308.  Substitute water supply plans - special procedures
       for review - water adjudication cash fund - legislative declaration. 
       (5) (a)  Beginning January 1, 2002, for new water use plans involving
       out-of-priority diversions or a change of water right, if no application for
       approval of a plan for augmentation or a change of water right has been
       filed with a water court and, the water use plan or change proposed and
       in the case of a water use plan, the depletions associated with such
       water use plan or change will be for a limited duration not to exceed five
       years, or, in the case of temporary change in use, the changed use
       of the water will be for a limited duration not to exceed five
       years, the state engineer may approve such plan or change as a substitute
       water supply plan if the following conditions are met:
            (V)  In addition to all other lawful uses, water rights for
       which a temporary change has been approved under this
       subsection (5) may be used in an augmentation plan decreed by
       the water court or in a substitute water supply plan approved
       pursuant to this section, in accordance with the governing
       augmentation plan, decree, or substitute water supply plan
       approval.  An approval of a temporary change of water right
       shall include provisions for replacement of return flows in a
       manner sufficient to prevent injury to senior rights.  Such
       provisions may require replacement of delayed return flows
       for a time period in excess of five years if necessary for the
       protection of senior rights.
            SECTION 2.  Applicability.  This act shall apply to approvals for
       substitute water supply plans occurring on or after the effective date of
       this act.
            SECTION 3.  Safety clause.  The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.