Second Regular Session
             Sixty-seventh General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 10-0586.01 Thomas Morris        SENATE BILL 10-067
                   SENATE SPONSORSHIP
 Hodge,  Shaffer B.
 
                    HOUSE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 Agriculture and Natural Resources
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the exemption of certain school wells from the
            laws governing the administration of water rights.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted.  If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            The bill exempts public school wells that pump 15 gallons per
       minute or less, are located in a school district that serves a population of
       25,000 or less, and are used only for irrigation from the "Water Right
       Determination and Administration Act of 1969".
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  The introductory portion to 37-92-602 (1), Colorado
       Revised Statutes, is amended, and the said 37-92-602 (1) is further
       amended BY THE ADDITION OF A NEW PARAGRAPH, to read:
            37-92-602.  Exemptions - presumptions - legislative
       declaration.  (1)  The provisions of This article, except for sections
       37-92-201 and 37-92-202, shall does not be applicable apply to:
            (h) (I)  A well that:
            (A)  Does not exceed fifteen gallons per minute;
            (B)  Is owned by a school district, as defined in section
       22-30-103, C.R.S., that serves a population of twenty-five
       thousand people or less, or a public school, as defined in section
       22-1-101, C.R.S., that is part of a school district that serves a
       population of twenty-five thousand people or less;
            (C)  Is used only for irrigation; and
            (D)  Is subject to a confirmation issued by the state
       engineer that the exemption specified in this paragraph (h)
       applies.
            (II)  The state engineer shall issue a confirmation to a
       school district or public school that applies for and qualifies
       for an exemption pursuant to this paragraph (h).
            SECTION 2.  Act subject to petition - effective date -
       applicability.  (1)  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 (August 11, 2010, if adjournment sine die is on
       May 12, 2010); except that, if a referendum petition is filed pursuant to
       section 1 (3) of article V of the state constitution against this act or an
       item, section, or part of this act within such period, then the act, item,
       section, or part shall not take effect unless approved by the people at the
       general election to be held in November 2010 and shall take effect on the
       date of the official declaration of the vote thereon by the governor.
            (2)  The provisions of this act shall apply to exemption
       applications filed on or after the applicable effective date of this act.