HOUSE
                       3rd Reading Unamended
       February 25, 2014       HOUSE
       Amended 2nd Reading
                     February 24, 2014Second Regular Session
              Sixty-ninth General Assembly
                    STATE OF COLORADO
                                                REENGROSSED
                       This Version Includes All Amendments
                       Adopted in the House of Introduction
 LLS NO. 14-0244.01 Thomas Morris x4218  HOUSE BILL 14-1028
                    HOUSE SPONSORSHIP
 Sonnenberg, Coram, Mitsch Bush
 
                   SENATE SPONSORSHIP
 Roberts, Brophy
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Agriculture, Livestock, & Natural Resources
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning a limitation on the United States' ability to
            impose conditions on a water right owner in exchange
            for permission to use land.
       
       
                           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.)
       
            Water Resources Review Committee. The bill specifies that if
       the United States obtains a water right as a result of a transfer or
       conveyance required as a condition to a special use permit or other
       authorization to enter upon or use federally owned land, the water right
       was originally appropriated by a person other than the United States, and
       the water right is not a federal reserved water right, the water right is
       presumed to be held by the United States for speculative purposes. Such
       a water right is not automatically abandoned but is forfeited by the United
       States and reverts to the prior owner for continued use under its original
       priority.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 37-92-103, amend
       (3) (a) (II) as follows:
            37-92-103.  Definitions. As used in this article, unless the context
       otherwise requires:
            (3) (a)  "Appropriation" means the application of a specified
       portion of the waters of the state to a beneficial use pursuant to the
       procedures prescribed by law; but no appropriation of water, either
       absolute or conditional, shall be held to occur when the proposed
       appropriation is based upon the speculative sale or transfer of the
       appropriative rights to persons not parties to the proposed appropriation,
       as evidenced by either of the following:
            (II) (A)  The purported appropriator of record does not have a
       specific plan and intent to divert, store, or otherwise capture, possess, and
       control a specific quantity of water for specific beneficial uses.
            (B)  The water right was obtained by the United States as
       a result of a transfer or conveyance required as a condition to
       a special use permit or other authorization to enter upon or use
       federally owned land, was originally appropriated by a person
       other than the United States, and is not part of the reserved
       water rights obtained by the United States. Such a water right
       is rebuttably presumed to be held by the United States for
       speculative purposes. A water right held by the United States
       for speculative purposes pursuant to this sub-subparagraph (B)
       is not automatically abandoned but is forfeited by the United
       States and reverts to the prior owner, or the prior owner's
       successors and assigns, for continued use under its original
       priority. Nothing in this sub-subparagraph (B) inhibits, grants,
       expands, or contracts any legal authority the United States
       may have to impose bypass flow requirements in connection with
       any special use permit or other authorization.
            SECTION 2.  Act subject to petition - effective date. (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 acts occurring on or after the applicable
       effective date of this act.