First Regular Session
               Seventieth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 15-0874.01 Thomas Morris x4218  HOUSE BILL 15-1278
                    HOUSE SPONSORSHIP
 Vigil, 
 
                   SENATE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Agriculture, Livestock, & Natural Resources
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the use of agricultural water rights to
            cultivate marijuana without the need for a change of
            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.)
       
            The bill specifies that using a water right that has been decreed for
       agricultural irrigation purposes for the cultivation of marijuana at a retail
       or medical marijuana cultivation facility is not a change of a water right
       if the use of the water is required for the cultivation of marijuana as
       contemplated or required by the facility's license.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 37-92-103, amend
       (5) as follows:
            37-92-103.  Definitions. As used in this article, unless the context
       otherwise requires:
            (5) (a)  "Change of water right" means a change in the type, place,
       or time of use, a change in the point of diversion except as specified in
       section 37-86-111 (2), a change from a fixed point of diversion to
       alternate or supplemental points of diversion, a change from alternate or
       supplemental points of diversion to a fixed point of diversion, a change
       in the means of diversion, a change in the place of storage, a change from
       direct application to storage and subsequent application, a change from
       storage and subsequent application to direct application, a change from
       a fixed place of storage to alternate places of storage, a change from
       alternate places of storage to a fixed place of storage, or any combination
       of such changes.
            (b)  The term "change of water right":
            (I)  Includes changes of conditional water rights as well as changes
       of water rights; and
            (II) (A)  Does not include the use of a water right that has
       been decreed for agricultural irrigation purposes for the
       cultivation of retail marijuana at a retail marijuana
       cultivation facility, as those terms are defined in section
       12-43.4-103 (15) and (16), C.R.S., or medical marijuana, as that
       term is defined in section 12-43.3-104 (7), C.R.S., at a facility that
       has an optional premises cultivation license issued pursuant to
       section 12-43.3-403, C.R.S., regardless of whether the use of the
       water at the facility is indoors or outdoors, in whole or part, if
       the use of the water is required for the cultivation of retail or
       medical marijuana as contemplated or required by the facility's
       license, including any applicable limits or requirements
       regarding plumbing facilities.
            (B)  Nothing in this subparagraph (II) authorizes an
       expansion of use in time or amount or affects whether any
       particular use of water for the cultivation of retail or medical
       marijuana at a marijuana cultivation facility causes material
       injury or is subject to a requirement to replace out-of-priority
       depletions.
            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 5, 2015, if adjournment sine die is on May 6,
       2015); 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 2016 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 the use of water for the cultivation of retail
       and medical marijuana occurring on or after the applicable effective date
       of this act.