NOTE:  This bill has been prepared for the signature of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      HOUSE BILL 09-1174
      
      
      BY REPRESENTATIVE(S) Riesberg, Curry, Fischer, Gardner C.,
      McGihon, Pace, Priola;
      also SENATOR(S) Hodge, Brophy, Isgar, Lundberg, Renfroe, Romer,
      Shaffer B., Tochtrop.
      
      
      Concerning the exemption of depletions from pumping that
           occurred prior to 1974.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  37-92-305 (8), Colorado Revised Statutes, is amended
      to read:
      
           37-92-305.  Standards with respect to rulings of the referee and
      decisions of the water judge.  (8) (a)  Except as specified in paragraph
      (b) of this subsection (8), in reviewing a proposed plan for augmentation
      and in considering terms and conditions that may be necessary to avoid
      injury, the referee or the water judge shall consider the depletions from an
      applicant's use or proposed use of water, in quantity and in time, the amount
      and timing of augmentation water that would be provided by the applicant,
      and the existence, if any, of injury to any owner of or persons entitled to use
      water under a vested water right or a decreed conditional water right.
      
           (b)  As to decrees for plans for augmentation entered in
      water division 1 on or after the effective date of this subsection
      (8), as amended, the plan shall not require the replacement of
      out-of-priority depletions currently affecting the river caused
      by pumping that occurred prior to March 15, 1974.  In the case of
      an amended plan for augmentation applied for pursuant to this
      paragraph (b), the water judge may review all of the terms and
      conditions of the plan.
      
           (c)  A plan for augmentation shall be sufficient to permit the
      continuation of diversions when curtailment would otherwise be required
      to meet a valid senior call for water, to the extent that the applicant shall
      provide replacement water necessary to meet the lawful requirements of a
      senior diverter at the time and location and to the extent the senior would
      be deprived of his or her lawful entitlement by the applicant's diversion.  A
      proposed plan for augmentation that relies upon a supply of augmentation
      water which that, by contract or otherwise, is limited in duration shall not
      be denied solely upon the ground that the supply of augmentation water is
      limited in duration, so long as if the terms and conditions of the plan
      prevent injury to vested water rights.  Said terms and conditions shall
      require replacement of out-of-priority depletions that occur after any ground
      water diversions cease.  Decrees approving plans for augmentation shall
      require that the state engineer curtail all out-of-priority diversions, the
      depletions from which are not so replaced as to prevent injury to vested
      water rights.  A plan for augmentation may provide procedures to allow
      additional or alternative sources of replacement water, including water
      leased on a yearly or less frequent basis, to be used in the plan after the
      initial decree is entered if the use of said additional or alternative sources
      is part of a substitute water supply plan approved pursuant to section
      37-92-308 or if such sources are decreed for such use.
      
           SECTION 2.  Act subject to petition - effective date.  This act
      shall take effect at 12:01 a.m. on the day following the expiration of the
      ninety-day period after final adjournment of the general assembly that is
      allowed for submitting a referendum petition pursuant to article V, section
      1 (3) of the state constitution, (August 5, 2009, if adjournment sine die is on
      May 6, 2009); except that, if a referendum petition is filed against this act
      or an item, section, or part of this act within such period, then the act, item,
      section, or part, if approved by the people, shall take effect on the date of
      the official declaration of the vote thereon by proclamation of the governor.
      
      
      
      
      ________________________________________________________
      Terrance D. Carroll                    Peter C. Groff
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                          Karen Goldman
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Ritter, Jr.
                                    GOVERNOR OF THE STATE OF COLORADO