SENATE
       2nd Reading Unamended
       March 10, 2008          HOUSE
                       3rd Reading Unamended
       February 5, 2008        HOUSE
       Amended 2nd Reading
                     February 4, 2008Second Regular Session
              Sixty-sixth General Assembly
                    STATE OF COLORADO
                                                    REVISED
               This Version Includes All Amendments Adopted
                      on Second Reading in the Second House
 LLS NO. 08-0232.01 Thomas Morris        HOUSE BILL 08-1030
                    HOUSE SPONSORSHIP
 Hodge,  Curry, Gardner C., McKinley, and White
 
                   SENATE SPONSORSHIP
 Brophy,  Isgar, Schwartz, and Tochtrop
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Agriculture, Livestock, & Natural Resources
 Agriculture, Natural Resources & Energy
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the exemption of depletions from pumping that
            occurred prior to 1974.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not necessarily reflect any amendments that may be subsequently
       adopted.)
       
            Water Resources Review Committee.  Specifies that plans for
       augmentation applied for or amended in the South Platte river basin on or
       after the effective date of this act shall not require the replacement of
       out-of-priority depletions caused by pumping that occurred prior to March
       15, 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 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 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.  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 6, 2008, if adjournment sine die is on May 7, 2008);
       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.