NOTE: The governor signed this measure on 3/29/2013.
      
      
      HOUSE BILL 13-1168
      
      
      BY REPRESENTATIVE(S) Vigil, Court, Fischer, Garcia, Lebsock,
      McLachlan, Mitsch Bush, Rosenthal, Salazar, Young;
      also SENATOR(S) Schwartz, Crowder, Giron, Newell, Todd.
      
      
      Concerning an expansion in the ability of a ditch to operate as an
           acequia ditch.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 7-42-101.5, amend (3)
      introductory portion, (3) (d), (4) introductory portion, and (4) (d); and
      repeal (1) (d) and (3) (a) as follows:
      
           7-42-101.5.  Acequia ditch corporation - definition - powers.
      (1)  For purposes of this section, "acequia" means a ditch that:
      
           (d)  Supplies irrigation water to long lots that are perpendicular to the
      stream or ditch to maximize the number of landowners who have access to
      water;
      
           (3)  An acequia ditch corporation may be organized pursuant to this
      article, and a ditch corporation organized pursuant to this article may
      convert to an acequia ditch corporation, an unincorporated acequia
      ditch association may be formed, and an unincorporated ditch
      association may operate as an unincorporated acequia ditch
      association, if the ditch meets the definition of an acequia ditch
      and, as applicable:
      
           (a)  At least two-thirds of the irrigated land served by the ditch is
      platted or organized into long lots, the longest axes of which are
      perpendicular to the stream or ditch;
      
           (d)  Either:
      
           (I)  As required pursuant to section 7-42-101, the stockholders of the
      ditch file articles of incorporation, or an amendment to the articles of
      incorporation, that state the stockholders' intention to create or convert to
      an acequia ditch corporation; or
      
           (II)  The members of an unincorporated ditch association
      have agreed to operate in accordance with this section.
      
           (4)  An acequia ditch corporation, if its articles of incorporation so
      state, or an unincorporated acequia ditch association, may specify
      in its bylaws that:
      
           (d)  The corporation or association has a right of first refusal
      regarding the sale, lease, or exchange of any surface water right that has
      historically been used to irrigate long-lot land by the acequia.
      
           SECTION 2.  In Colorado Revised Statutes, 7-30-101, amend (2)
      as follows:
      
           7-30-101.  Definitions. In this article:
      
           (2)  "Nonprofit association" means an unincorporated organization
      consisting of two or more members joined by mutual consent for a common,
      lawful, nonprofit purpose. However, joint tenancy or tenancy in common
      does not by itself establish a nonprofit association, even if the co-owners
      share use of the property for a nonprofit purpose. "Nonprofit
      association" includes an acequia ditch association, whether or not
      the acequia ditch association is formed as an acequia ditch
      association as contemplated by section 7-42-101.5 (3) or is a ditch
      association operating as an acequia ditch association as
      contemplated by section 7-42-101.5 (3).
      
           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 conduct occurring on or after the applicable
      effective date of this act.
      
      
      
      
      ________________________________________________________
      Mark Ferrandino                         John P. Morse
      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