NOTE: The governor signed this measure on 3/15/2013.
      
      
      SENATE BILL 13-075
      
      
      BY SENATOR(S) Brophy, Baumgardner, Giron, Hodge, Roberts, Carroll,
      Crowder, Grantham, Guzman, Jahn, Kefalas, King, Lambert, Lundberg,
      Nicholson, Renfroe, Schwartz, Tochtrop;
      also REPRESENTATIVE(S) Sonnenberg, Fischer, Gerou, Humphrey,
      Lebsock, Pettersen, Rankin, Saine, Schafer, Scott, Stephens, Tyler, Wilson,
      Wright, Young.
      
      
      Concerning safeguards to prevent the modification of a final
           designated ground water permit based on reductions in the
           use of designated ground water.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 37-90-108, amend (5)
      as follows:
      
           37-90-108.  Final permit - evidence of well construction and
      beneficial use - limitations. (5) (a)  All final permits shall must set forth
      the following information as a minimum:
      
           (a) (I)  The priority date;
      
           (b) (II)  The name of the claimant;
      
           (c) (III)  The quarter-quarter in which the well is located;
      
           (d) (IV)  The maximum annual volume of the appropriation in
      acre-feet per year;
      
           (e) (V)  The maximum pumping rate in gallons per minute; and
      
           (f) (VI)  The maximum number of acres which that have been
      irrigated, if used for irrigation.
      
           (b)  Notwithstanding any rule of law to the contrary other
      than a change of use case under section 37-90-111 (1) (g), once the
      state engineer issues a final permit for the withdrawal of
      designated ground water pursuant to this section, a reduction in
      the amount of water used pursuant to the permit due to the
      conservation of water is not grounds to reduce:
      
           (I)  The maximum annual volume of the appropriation in
      acre-feet per year;
      
           (II)  The maximum pumping rate in gallons per minute; or
      
           (III)  The maximum number of acres that have been irrigated,
      if used for irrigation.
      
           SECTION 2.  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 determinations of water volume, water rate,
      and acreage occurring on or after the applicable effective date of this act.
      
      
      
      
      ____________________________  ____________________________
      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