NOTE: The governor signed this measure on 3/15/2012.
      
      
      HOUSE BILL 12-1022
      
      
      BY REPRESENTATIVE(S) Sonnenberg, Baumgardner, Swerdfeger, Vigil,
      Wilson, Becker, Beezley, Brown, Conti, Coram, Fischer, Hamner, Holbert,
      Kerr J., Liston, Murray, Nikkel, Pace, Priola, Scott, Summers, Vaad;
      also SENATOR(S) Schwartz, Brophy, Giron, Hodge, Roberts, Guzman,
      King S.
      
      
      Concerning the amount of water that permitted mining operations
           that construct impermeable areas that eliminate
           preexisting natural evapotranspiration are required to
           replace.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 37-80-120, add (6) as
      follows:
      
           37-80-120.  Upstream storage - substitute supply - historic
      natural depletion. (6)  In determining the quantity of water
      required as a substitute supply to replace stream depletions in
      connection with any mining operation as defined in section
      34-32-103 (8), C.R.S., for which a reclamation permit has been
      obtained as set forth in section 34-32-109, C.R.S., there is no
      requirement to replace the amount of historic natural depletion
      to the waters of the state, if any, caused by the preexisting
      natural vegetative cover and evaporation on the surface of the
      area that will be, or that has been, eliminated or made
      impermeable as part of the permitted mining operation. The
      applicant bears the burden of proving the historic natural
      depletion.
      
           SECTION 2.  In Colorado Revised Statutes, 37-92-305, add (12) (c)
      as follows:
      
           37-92-305.  Standards with respect to rulings of the referee and
      decisions of the water judge. (12) (c)  In determining the quantity of
      water required in an augmentation plan to replace stream
      depletions in connection with any mining operation as defined in
      section 34-32-103 (8), C.R.S., for which a reclamation permit has
      been obtained as set forth in section 34-32-109, C.R.S., there is no
      requirement to replace the amount of historic natural depletion
      to the waters of the state, if any, caused by the preexisting
      natural vegetative cover and evaporation on the surface of the
      area that will be, or that has been, eliminated or made
      impermeable as part of the permitted mining operation. The
      applicant bears the burden of proving the historic natural
      depletion.
      
           SECTION 3.  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 8, 2012, if adjournment sine die is on May 9,
      2012); 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 2012 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 substitute supply plans
      approved and augmentation plans decreed on or after the applicable
      effective date of this act.
      
      
      
      
      ________________________________________________________
      Frank McNulty                      Brandon C. Shaffer
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO