Second Regular Session
              Sixty-ninth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 14-0955.01 Thomas Morris x4218  HOUSE BILL 14-1320
                    HOUSE SPONSORSHIP
 Vigil, 
 
                   SENATE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Agriculture, Livestock, & Natural Resources
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning an increase in the minimum time period between
            filings for a finding of reasonable diligence regarding
            the adjudication of a conditional water right.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            Current law requires the owner of a conditional water right to file
       for a finding of reasonable diligence with the water judge every 6 years
       until the water right has been decreed absolutely or abandoned. The bill
       increases the diligence period to 10 years.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 37-92-301, amend
       (4) (a) (I) and (4) (a) (III) as follows:
            37-92-301.  Administration and distribution of waters.
       (4) (a) (I)  In every sixth tenth calendar year after the calendar year in
       which a water right is conditionally decreed, or in which a finding of
       reasonable diligence has been decreed, the owner or user thereof of the
       right, if such the owner or user desires to maintain the same right,
       shall file an application for a finding of reasonable diligence, or said the
       conditional water right shall be considered abandoned.
            (III)  The judgment and decree of the court shall specify the month
       and calendar year in which a subsequent application for a finding of
       reasonable diligence shall must be filed with the water clerk pursuant to
       section 37-92-302 (1). A subsequent application shall must be filed
       during the same month as the previous decree was entered every six ten
       years after such the entry of the decree until the right is made absolute
       or otherwise disposed of.
            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 6, 2014, if adjournment sine die is on May 7,
       2014); 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 diligence applications filed on or after the
       applicable effective date of this act.