NOTE: The governor signed this measure on 3/26/2015.
      
      
      SENATE BILL 15-055
      
      
      BY SENATOR(S) Hodge, Sonnenberg;
      also REPRESENTATIVE(S) Arndt and Becker J., Fields, Ginal, Young.
      
      
      Concerning state engineer administration of tailwater ditches.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
          
                      
      
           SECTION 1.  In Colorado Revised Statutes, amend 37-84-108 as
      follows:
      
           37-84-108.  Running excess of water forbidden. (1)  During the
      summer season it shall not be lawful for any a person to shall not run
      through his or her irrigating ditch any greater quantity of water than is
      absolutely necessary for irrigating, his land and for domestic, and stock
      purposes it being the intent and meaning of this section to prevent the
      wasting and useless discharge and running away of water.
      
           (2)  A person using an irrigating ditch or ditch system may
      use a tail ditch to return water to the stream in variable amounts
      as necessary to facilitate efficient operation of the ditch and
      delivery of water to persons served by the ditch or ditch system.
      The state engineer shall not require the delivery of any minimum
      amount of such water, except as required by court decree.
      Nothing in this section limits the state engineer's authority to
      administer water rights to prevent waste.
      
           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 conduct occurring on or after the applicable
      effective date of this act.
      
      
      
      
      ____________________________  ____________________________
      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