NOTE: The governor signed this measure on 5/4/2015.
      
      
      SENATE BILL 15-183
      
      
      BY SENATOR(S) Hodge and Sonnenberg, Crowder, Guzman, Ulibarri,
      Woods;
      also REPRESENTATIVE(S) Arndt and Becker J., Lebsock, Pettersen.
      
      
      Concerning the quantification of the historical consumptive use
           of a water right.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 37-92-305, add (3) (d)
      and (3) (e) as follows:
      
           37-92-305.  Standards with respect to rulings of the referee and
      decisions of the water judge. (3) (d)  Quantification of the historical
      consumptive use of a water right must be based on an analysis of
      the actual historical use of the water right for its decreed
      purposes during a representative study period that includes wet
      years, dry years, and average years. The representative study
      period:
      
           (I)  Must not include undecreed use of the subject water
      right; and
      
           (II)  Need not include every year of the entire history of the
      subject water right.
      
           (e)  If an application is for a change of that portion of a
      water right for which a previous change of water right has been
      judicially approved and for which the historical consumptive use
      was previously quantified, the water judge shall not reconsider
      or requantify the historical consumptive use. However, the water
      judge may, without requantifying the historical consumptive use,
      impose such terms and conditions on the future use of that
      portion of the water right that is the subject of the change as
      needed to limit the future consumptive use of that portion of the
      water right to the previously quantified historical consumptive
      use.
      
           SECTION 2.  Applicability. This act applies to applications
      pending before the water judges or referees or filed on or after the effective
      date of this act.
      
           SECTION 3.  Safety clause. The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ____________________________  ____________________________
      Bill L. Cadman                Dickey Lee Hullinghorst
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Cindi L. Markwell                      Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO