NOTE: The governor signed this measure on 5/18/2013.
      
      
      SENATE BILL 13-019
      
      
      BY SENATOR(S) Schwartz, Aguilar, Carroll, Crowder, Heath, Jones,
      Kefalas, Kerr, King, Newell, Tochtrop, Todd;
      also REPRESENTATIVE(S) Fischer, Duran, Exum, Fields, Ginal, Hamner,
      Hullinghorst, Kraft-Tharp, Labuda, Lebsock, Lee, Mitsch Bush, Pabon,
      Pettersen, Rosenthal, Schafer, Stephens, Young.
      
      
      Concerning the promotion of water conservation measures.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  Legislative declaration. (1)  The general assembly
      hereby:
      
           (a)  Finds that some water appropriators may wish to reduce their
      water consumption, in part to ameliorate the effects of drought on low
      stream flows, but there is a disincentive in current law that penalizes
      appropriators who decrease their consumptive use of water;
      
           (b)  Determines that, at a time when Colorado can expect drought
      conditions to increase in frequency and severity, the general assembly
      should give appropriators a safe harbor when they decrease their
      consumptive use of water by participating in a variety of
      government-sponsored water conservation programs; and
      
           (c)  Declares that this act promotes the maximum utilization of
      Colorado's water resources, can help alleviate the effects of drought on river
      flows, and is in the public interest.
      
           SECTION 2.  In Colorado Revised Statutes, 37-92-305, add (3) (c)
      as follows:
      
           37-92-305.  Standards with respect to rulings of the referee and
      decisions of the water judge. (3) (c)  In determining the amount of
      historical consumptive use for a water right in division 4, 5, or 6,
      the water judge shall not consider any decrease in use resulting
      from the following:
      
           (I)  The land on which the water from the water right has
      been historically applied is enrolled under a federal land
      conservation program; or
      
           (II)  The nonuse or decrease in use of the water from the
      water right by its owner for a maximum of five years in any
      consecutive ten-year period as a result of participation in:
      
           (A)  A water conservation program approved by a state
      agency, water conservation district, water district, water
      authority, or water conservancy district for lands that are
      within the entity's jurisdictional boundaries;
      
           (B)  A water conservation program established through
      formal written action or ordinance by a water district, water
      authority, or municipality or its municipal water supplier for
      lands that are within the entity's jurisdictional boundaries;
      
           (C)  An approved land fallowing program as provided by law
      in order to conserve water or to provide water for compact
      compliance; or
      
           (D)  A water banking program as provided by law.
      
           SECTION 3.  Applicability. This act applies to historical
      consumptive use determinations made on or after the effective date of this
      act.
      
           SECTION 4.  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.
      
      
      
      
      ____________________________  ____________________________
      John P. Morse                         Mark Ferrandino
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Cindi L. Markwell                      Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO