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 07-1132
      
      
      BY REPRESENTATIVE(S) McFadyen, Curry, Gallegos, McKinley,
      Butcher, Buescher, Gibbs, Massey, White, Borodkin, Fischer, Frangas,
      Kefalas, King, Levy, Madden, McGihon, Merrifield, Romanoff, Rose,
      Solano, Todd, and Witwer;
      also SENATOR(S) Schwartz, Romer, Gordon, Isgar, Kester, Penry, Tapia,
      Taylor, and Williams.
      
      
      Concerning an expansion of water judges' jurisdiction to address
           the effects of a water right adjudication on water quality.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  37-92-305 (4) (a) (V), Colorado Revised Statutes, is
      amended, and the said 37-92-305 (4) (a) is further amended BY THE
      ADDITION OF A NEW SUBPARAGRAPH, to read:
      
           37-92-305.  Standards with respect to rulings of the referee and
      decisions of the water judge.  (4) (a)  Terms and conditions to prevent
      injury as specified in subsection (3) of this section may include:
      
           (V)  Such other conditions as may be necessary to protect the vested
      rights of others.  A term or condition that addresses decreases in
      water quality caused by a change in the type of use and permanent
      removal from irrigation of more than one thousand acre-feet of
      consumptive use per year that includes a change in the point of
      diversion, if the change would cause an exceedance or contribute
      to an existing exceedance of water quality standards established
      by the water quality control commission pursuant to section
      25-8-204, C.R.S., in effect at the time of the application, or, if
      ordered by the court, subsequently adopted by the commission
      prior to the entry of the decree, for the stream segment at the
      original point of diversion.  Under any such term or condition, the
      applicant shall be responsible for only that portion of the
      exceedance attributable to the proposed change.  Any such term
      or condition and any activity to be taken in fulfillment thereof
      shall not be inconsistent with the "Colorado Water Quality
      Control Act", article 8 of title 25, C.R.S., and rules promulgated
      pursuant to said act, and implementation of section 303 (d) of the
      federal "Water Pollution Control Act" by the water quality
      control division.  This subparagraph (V) shall not be interpreted
      to confer standing on any person to assert injury who would not
      otherwise have such standing.
      
           (VI)   Such other conditions as may be necessary to protect
      the vested rights of others.
      
           SECTION 2.  Applicability.  This act shall apply to water rights
      applications that are filed on or after the effective date of this act and shall
      not apply to water rights applications that were filed before 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.
      
      
      
      
      ________________________________________________________
      Andrew Romanoff                      Joan Fitz-Gerald
      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