Second Regular Session
              Sixty-fourth General Assembly
                    STATE OF COLORADO
                                                INTRODUCED 
                                                           
 LLS NO. 04-0221.01 Thomas Morris        HOUSE BILL 04-1040
                    HOUSE SPONSORSHIP
 Salazar,  Miller, Rippy, and White
 
                   SENATE SPONSORSHIP
 Taylor,  Entz, and Isgar
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Agriculture, Livestock, & Natural Resources
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the requirement to mitigate the effects on the
            water basin of origin of a diversion of water from a
            water basin.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not necessarily reflect any amendments that may be subsequently
       adopted.)
       
            Water Resources Review Committee.  Requires that a water
       judge include, in each decree for a water right that diverts water from one
       water division into another, conditions to ensure that the present
       appropriation of water and prospective beneficial uses of water within the
       water division from which the water is exported will not be impaired or
       increased in cost at the expense of the water users in that division. 
       Requires the applicant for the decree to show that such exportation is
       needed after the preparation of an integrated water supply and demand
       plan and after an analysis of reasonable alternatives to such export. 
       Specifies that these requirements do not apply if the applicant has reached
       an enforceable mitigation agreement with a water conservation or
       conservancy district from within whose boundaries the waters are
       proposed for diversion.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  37-92-305 (9), Colorado Revised Statutes, is
       amended BY THE ADDITION OF A NEW PARAGRAPH to read:
            37-92-305.  Standards with respect to rulings of the referee and
       decisions of the water judge.  (9) (d)  No claim for a water right
       diverting water from one water division to another may be
       recognized or a decree therefor granted unless the water judge
       includes in the decree such terms and conditions as are required
       to ensure that the present appropriation of water and
       prospective beneficial uses of water within the water division in
       Colorado from which the water is exported will not be impaired
       or increased in cost at the expense of the water users in that
       division.  The facilities and other means for accomplishment of
       such purpose shall be incorporated in and made a part of any
       decree for the exportation of water from the division.  Such
       exportation shall be shown to be needed after the preparation
       of an integrated water supply and demand plan and after an
       analysis of reasonable alternatives to such export.  This
       paragraph (d) shall not apply if the applicant demonstrates that
       it has entered into an enforceable mitigation agreement with the
       water conservation district from within whose boundaries the
       waters are proposed for diversion or, in the absence of such an
       agreement, an enforceable mitigation agreement with the water
       conservancy district from within whose boundaries the waters
       are proposed for diversion.
            SECTION 2.  Applicability.  This act shall apply to applications
       for water right decrees 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.