Second Regular Session
              Sixty-ninth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 14-0173.01 Thomas Morris x4218  SENATE BILL 14-072
                   SENATE SPONSORSHIP
 Brophy, 
 
                    HOUSE SPONSORSHIP
 Fischer, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 Agriculture, Natural Resources, & Energy
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning treatment of the September 2013 floods as
            replacing certain out-of-priority groundwater
            depletions in water division 1.
       
       
                           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.)
       
            Due to the September 2013 flooding, the bill specifies that the
       state engineer and water judges must treat all out-of-priority groundwater
       depletions occurring in water district 1 through 7 or 64 in water division
       1 that accrued on or before September 12, 2013, as having been fully
       replaced.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 37-92-305, amend
       (8) (b) as follows:
            37-92-305.  Standards with respect to rulings of the referee and
       decisions of the water judge. (8) (b) (I)  As to decrees for plans for
       augmentation entered in water division 1 on or after August 5, 2009, the
       plan shall not require the replacement of out-of-priority depletions
       currently affecting the river caused by pumping that occurred prior to
       March 15, 1974. In the case of an amended plan for augmentation applied
       for pursuant to this paragraph (b), the water judge may review all of the
       terms and conditions of the plan.
            (II)  Notwithstanding any provision to the contrary in any
       decree for a plan for augmentation or other requirement to
       replace groundwater in water district 1, 2, 3, 4, 5, 6, 7, or 64 in
       water division 1, the state engineer and the water judges shall
       deem all out-of-priority groundwater depletions occurring in
       water district 1, 2, 3, 4, 5, 6, 7, or 64 in water division 1 that
       accrued on or before September 12, 2013, to have been fully
       replaced by the flooding that occurred in water division 1 on or
       about that date.
            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 groundwater depletions replaced on or after
       the applicable effective date of this act.