First Regular Session
               Seventieth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 15-0434.01 Thomas Morris x4218  SENATE BILL 15-075
                   SENATE SPONSORSHIP
 Grantham, 
 
                    HOUSE SPONSORSHIP
 Lundeen, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 Agriculture, Natural Resources, & Energy
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the ability to irrigate not more than one acre of
                       crops from a well.
       
       
                           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.)
       
            Current law exempts certain types of water wells from the prior
       appropriation system, including the irrigation of not over one acre of
       home gardens and lawns. The bill adds an exemption for water wells that
       do not exceed 15 gallons per minute of production and are used for the
       irrigation of not over one acre of commercial crops.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 37-92-602, amend
       (1) introductory portion, (1) (b), and (3) (b) (II) (A) as follows:
            37-92-602.  Exemptions - presumptions - legislative
       declaration. (1)  This article, except for this section and sections
       37-92-201 and 37-92-202, does not apply to:
            (b)  Wells not exceeding fifteen gallons per minute of production
       that are used for not more than three single-family dwellings
       and that are used for:
            (I)  Ordinary household purposes;
            (II)  Fire protection;
            (III)  The watering of poultry, domestic animals, and livestock on
       farms and ranches; and for
            (IV)  The irrigation of not over one acre of commercial
       crops; or
            (V)  The irrigation of not over one acre of home gardens and
       lawns. but not used for more than three single-family dwellings;
            (3) (b) (II) (A)  If a permit is sought by a user for a well exempted
       under paragraph (b) of subsection (1) of this section which that will be:
       the only well on a residential site, which well will be used solely for
       ordinary household purposes inside a single-family dwelling and will not
       be used for irrigation; used only for the irrigation of not over one
       acre of commercial crops; or will be the only well on a tract of land
       of thirty-five acres or more or will be the only well on a cluster
       development lot, serving one single-family residence, where the ratio of
       water usage in the cluster development does not exceed one acre-foot of
       annual withdrawals for each thirty-five acres within the cluster
       development and will be used solely for the purposes specified in
       paragraph (b) of subsection (1) of this section; and the return flow from
       such uses shall will be returned to the same stream system in which the
       well is located, there shall be is a presumption that there will not be
       material injury to the vested water rights of others or to any other existing
       well resulting from such well. which The presumption may be rebutted
       by evidence sufficient to show such material injury.
            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 well permits applied for on or after the
       applicable effective date of this act.