Second Regular Session
              Sixty-eighth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 12-0677.01 Jennifer Berman x3286SENATE BILL 12-142
                   SENATE SPONSORSHIP
 Brophy, 
 
                    HOUSE SPONSORSHIP
 Sonnenberg, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 Agriculture, Natural Resources, and Energy
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the creation of pilot projects to empower the
            state engineer to reduce augmentation requirements.
       
       
                           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 authorizes the state engineer to reduce, temporarily,
       augmentation requirements in areas where groundwater levels are at or
       near historic high levels of groundwater saturation through the creation
       of 3 pilot projects.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado: 
            SECTION 1.  In Colorado Revised Statutes, add 37-80-103.5 as
       follows:
            37-80-103.5.  Reduced augmentation pilot projects - repeal.
       (1)  The state engineer may identify and select three contiguous
       geographic areas, each of which may be up to eighteen square
       miles in size and each of which must be entirely within the South
       Platte river basin, to participate in a pilot project in which
       augmentation requirements may be temporarily reduced. The
       purposes of the pilot projects are to:
            (a)  Give the state engineer flexibility to reduce
       augmentation on an annual basis in geographic areas
       experiencing historically high levels of groundwater
       saturation;
            (b)  Reduce flooding, where such flooding has been
       determined to be more likely than not exacerbated by current
       augmentation levels in those geographic areas;
            (c)  Compile data and analyze the data collected; and
            (d)  Assess the effects that reduced augmentation has on
       the water levels of the selected geographic areas.
            (2)  The areas chosen by the state engineer for a pilot
       project must provide sufficient evidence that augmentation is
       more likely than not exacerbating the historically high levels
       of groundwater saturation. The state engineer may reduce
       augmentation requirements in the pilot project areas annually
       for up to a twelve-month period. During that twelve-month
       period, an augmentation plan in a pilot project area retains the
       same augmentation credits that it would have had for full
       augmentation in the pilot project area.
            (3)  The state engineer shall provide notice, and allow for
       comments, according to the same notice and comment process as
       that set forth in section 37-92-308 concerning substitute water
       supply plans. Owners of water rights and decreed conditional
       water rights who have subscribed to a substitute water supply
       plan notification list created pursuant to section 37-92-308 (6)
       must receive written notice of a proposed reduced augmentation
       plan in a selected geographic area within their water division.
       Owners of water rights and decreed conditional water rights
       may file comments on the reduced augmentation plans within
       their water division pursuant to section 37-92-308 (5). The state
       engineer, after consideration of the comments received, shall
       determine whether the operation and administration of the
       reduced augmentation plan will prevent injury to other water
       rights and decreed conditional water rights, and shall notify
       all parties pursuant to the requirements set forth in section
       37-92-308 (5) (c).
            (4)  The state engineer shall assess the effects that
       reduced augmentation has on the groundwater levels of the
       selected geographic areas by compiling data and analyzing the
       data collected.
            (5)  The state engineer maintains the authority to modify
       the augmentation requirements throughout the implementation
       of the pilot projects, including the authority to increase,
       temporarily, the augmentation requirements up to the level of
       the decree to ensure water levels in the selected areas do not
       drop to levels that would cause injury to senior appropriators.
            (6)  This section is repealed, effective December 31, 2017.
            SECTION 2.  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.