First Regular Session
              Sixty-ninth General Assembly
                    STATE OF COLORADO
                                       CORRECTED INTRODUCED
                                                           
                                                           
 LLS NO. 13-0111.01 Thomas Morris        HOUSE BILL 13-1013
                    HOUSE SPONSORSHIP
 Sonnenberg, 
 
                   SENATE SPONSORSHIP
 Baumgardner,  Brophy, Giron, Hodge, Roberts
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Agriculture, Livestock, & Natural Resources
 
 
 
 Appropriations
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning limitations on a landowner's ability to impose
            conditions on a water right owner as a condition of
            permission to use land.
       
       
                           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. The bill specifies, in the
       contexts of rights-of-way for water rights and the basic tenets of Colorado
       water law, that:
                 A landowner cannot demand as a condition of granting a
                 right-of-way or special use permit, and a court cannot order
                 as a condition of an eminent domain proceeding, that a
                 water right or conditional water right owner assign to the
                 landowner partial or joint ownership of the water right or
                 limit the alienability of the water right; and
                 Any such condition is void and unenforceable as against
                 public policy.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, amend 37-86-102 as
       follows:
            37-86-102.  Right-of-way through other lands. (1)  Any person
       owning a water right or conditional water right shall be is entitled to a
       right-of-way through the lands which that lie between the point of
       diversion and point of use or proposed use for the purpose of transporting
       water for beneficial use in accordance with said the water right or
       conditional water right.
            (2)  A landowner shall not demand as a condition of
       granting a right-of-way or special use permit, and a court shall
       not order as a condition of an eminent domain proceeding
       authorized pursuant to section 37-86-104 (1), that the owner of
       a water right or conditional water right assign to the
       landowner partial or joint ownership of the water right or limit
       the alienability of the water right. Any such condition is void
       and unenforceable as against public policy.
            SECTION 2.  In Colorado Revised Statutes, 37-92-102, add (7)
       as follows:
            37-92-102.  Legislative declaration - basic tenets of Colorado
       water law. (7)  A landowner shall not demand as a condition of
       granting a right-of-way or special use permit, and a court shall
       not order as a condition of an eminent domain proceeding
       authorized pursuant to section 37-86-104 (1), that the owner of
       a water right or conditional water right assign to the
       landowner partial or joint ownership of the water right or limit
       the alienability of the water right. Any such condition is void
       and unenforceable as against public policy.
            SECTION 3.  Act subject to petition - effective date -
       applicability. (1)  This act takes 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 7, 2013, if adjournment sine die is on May 8,
       2013); 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
       will not take effect unless approved by the people at the general election
       to be held in November 2014 and, in such case, will take effect on the
       date of the official declaration of the vote thereon by the governor.
            (2)  This act applies to acts occurring on or after the applicable
       effective date of this act.