First Regular Session
              Sixty-fifth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 05-0499.01 Thomas Morris        HOUSE BILL 05-1039
                    HOUSE SPONSORSHIP
 Curry,
 
                   SENATE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Agriculture, Livestock, & Natural Resources
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 .
 
 
                         A BILL FOR AN ACT
       Concerning the conditions pursuant to which loans of water
            rights may be made for instream flow purposes.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not necessarily reflect any amendments that may be subsequently
       adopted.)
       
            Deletes the limitation that loans of water rights to the Colorado
       water conservation board for instream flow purposes may be made only
       when the governor declares an emergency.  Allows the loans to operate
       for no more than 3 years out of 10.  Allows a second 10-year period if the
       loan was not exercised during the initial 10-year period.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  The introductory portion to 37-83-105 (2) (a),
       Colorado Revised Statutes, is amended, and the said 37-83-105 (2) (a) is
       further amended BY THE ADDITION OF A NEW SUBPARAGRAPH,
       to read:
            37-83-105.  Owner may loan agricultural water right - loans to
       Colorado water conservation board for instream flows.  (2) (a)  In any
       basin or county in which the governor declares a drought emergency or
       in which any other emergency is declared, A water right owners owner
       may loan water to the Colorado water conservation board for use as
       instream flows for a period not to exceed one hundred twenty days,
       subject to the following:
            (IV)  A loan approved pursuant to this paragraph (a) shall
       not be exercised for more than three years in a ten-year period,
       for which only a single approval by the state engineer is
       required.  The ten-year period shall begin when the state
       engineer approves the loan.  The state engineer shall not
       approve a loan pursuant to this paragraph (a) for another
       ten-year period; except that, if the agreement has not been
       exercised during the term of the agreement, an applicant may
       reapply one time by repeating the application process pursuant
       to this subsection (2).
            SECTION 2.  Effective date - applicability.  (1)  This act shall
       take effect at 12:01 a.m. on the day following the expiration of the
       ninety-day period after final adjournment of the general assembly that is
       allowed for submitting a referendum petition pursuant to article V,
       section 1 (3) of the state constitution (August 10, 2005, if adjournment
       sine die is on May 11, 2005); except that, if a referendum petition is filed
       against this act or an item, section, or part of this act within such period,
       then the act, item, section, or part, if approved by the people, shall take
       effect on the date of the official declaration of the vote thereon by
       proclamation of the governor.
            (2)  The provisions of this act shall apply to loans approved on or
       after the applicable effective date of this act.