First Regular Session
              Sixty-sixth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 07-0220.01 Thomas Morris        SENATE BILL 07-013
                   SENATE SPONSORSHIP
 Penry, 
 
                    HOUSE SPONSORSHIP
 Pommer, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 Agriculture, Natural Resources & Energy
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning clarification of statutes governing the
            administration of water court-approved plans for
            augmentation.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not necessarily reflect any amendments that may be subsequently
       adopted.)
       
            Clarifies the general assembly's intent to give finality to decreed
       plans for augmentation by specifying that the state and division engineers
       have no authority to curtail such plans for augmentation to the extent they
       are operating in compliance with the terms and conditions of water court
       decrees.
       
       
       
       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)  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.  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, 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 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 groundwater ground
       water diversions cease.  Decrees approving plans for augmentation shall
       contain all terms and conditions necessary to prevent injury to
       vested water rights and 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 that are not made
       in compliance with said terms and conditions.  The state engineer
       shall not curtail out-of-priority diversions that are made in
       compliance with the terms and conditions of the decreed plan
       for augmentation.  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.  Nothing
       in this section shall allow diversions under a plan for
       augmentation to take place that are not made in compliance
       with the terms and conditions of water court decrees, including
       without limitation the terms relating to providing water to
       replace out-of-priority depletions.
            SECTION 2.  Applicability.  As a clarification of existing law,
       this act shall apply to all plans for augmentation adjudicated pursuant to
       the "Water Right Determination and Administration Act of 1969",
       regardless of whether the plans were adjudicated before, 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.