HOUSE 3rd Reading Unamended April 20, 2016 HOUSE Amended 2nd Reading April 15, 2016Second Regular Session Seventieth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 16-1023.01 Thomas Morris x4218 HOUSE BILL 16-1313 HOUSE SPONSORSHIP Arndt and Coram, SENATE SPONSORSHIP Donovan, House Committees Senate Committees Agriculture, Livestock, & Natural Resources A BILL FOR AN ACT Concerning the authority of local government master plans to include policies to implement water plan goals. 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 authorizes local government master plans to include goals specified in the state water plan and to include policies that condition development approvals on implementation of those goals. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 30-28-106, amend (3) (a) introductory portion and (3) (a) (IV) as follows: 30-28-106. Adoption of master plan - contents. (3) (a) The master plan of a county or region, with the accompanying maps, plats, charts, and descriptive and explanatory matter, shall must show the county or regional planning commission's recommendations for the development of the territory covered by the plan. The master plan of a county or region shall be is an advisory document to guide land development decisions; however, the plan or any part thereof may be made binding by inclusion in the county's or region's adopted subdivision, zoning, platting, planned unit development, or other similar land development regulations after satisfying notice, due process, and hearing requirements for legislative or quasi-judicial processes as appropriate. After consideration of each of the following, where applicable or appropriate, the master plan may include: (IV) (A) The general location and extent of an adequate and suitable supply of water. (B) If the master plan includes a water supply element, the planning commission shall consult with the entities that supply water for use within the county or region to ensure coordination on water supply and facility planning, and the water supply element shall must identify water supplies and facilities sufficient to meet the needs of the public and private infrastructure reasonably anticipated or identified in the planning process. (C) The master plan may incorporate water conservation and water management goals, including the goals specified in the state water plan adopted pursuant to section 37-60-106 (1) (u), C.R.S., and may consider including recommended policies to implement the goals as a condition of development approvals, including subdivisions, planned unit developments, special use permits, and zoning changes. Nothing in this sub-subparagraph (C) shall be construed to create a mandate or affect existing policy regarding water. (D) Nothing in this subparagraph (IV) shall be construed to supersede, abrogate, or otherwise impair the allocation of water pursuant to the state constitution or laws, the right to beneficially use water pursuant to decrees, contracts, or other water use agreements, or the operation, maintenance, repair, replacement, or use of any water facility. SECTION 2. In Colorado Revised Statutes, 31-23-206, amend (1) introductory portion and (1) (d) as follows: 31-23-206. Master plan. (1) It is the duty of the commission to make and adopt a master plan for the physical development of the municipality, including any areas outside its boundaries, subject to the approval of the governmental body having jurisdiction thereof, which that in the commission's judgment bear relation to the planning of such the municipality. The master plan of a municipality shall be is an advisory document to guide land development decisions; however, the plan or any part thereof may be made binding by inclusion in the municipality's adopted subdivision, zoning, platting, planned unit development, or other similar land development regulations after satisfying notice, due process, and hearing requirements for legislative or quasi-judicial processes as appropriate. When a commission decides to adopt a master plan, the commission shall conduct public hearings, after notice of such public hearings has been published in a newspaper of general circulation in the municipality in a manner sufficient to notify the public of the time, place, and nature of the public hearing, prior to final adoption of a master plan in order to encourage public participation in and awareness of the development of such plan and shall accept and consider oral and written public comments throughout the process of developing the plan. Such The plan, with the accompanying maps, plats, charts, and descriptive matter, shall must, after consideration of each of the following, where applicable or appropriate, show the commission's recommendations for the development of said the municipality and outlying areas, including: (d) (I) The general location and extent of an adequate and suitable supply of water. (II) If the master plan includes a water supply element, the planning commission shall consult with the entities that supply water for use within the municipality to ensure coordination on water supply and facility planning, and the water supply element shall must identify water supplies and facilities sufficient to meet the needs of the public and private infrastructure reasonably anticipated or identified in the planning process. (III) The master plan may incorporate water conservation and water management goals, including the goals specified in the state water plan adopted pursuant to section 37-60-106 (1) (u), C.R.S., and may consider including policies to implement the goals as a condition of development approvals, including subdivisions, planned unit developments, special use permits, and zoning changes. Nothing in this subparagraph (III) shall be construed to create a mandate or affect existing policy regarding water. (IV) Nothing in this paragraph (d) shall be construed to supersede, abrogate, or otherwise impair the allocation of water pursuant to the state constitution or laws, the right to beneficially use water pursuant to decrees, contracts, or other water use agreements, or the operation, maintenance, repair, replacement, or use of any water facility. SECTION 3. Act subject to petition - effective date. 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 10, 2016, if adjournment sine die is on May 11, 2016); 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.