Second Regular Session
              Sixty-fifth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 06-0075.01 Thomas Morris        HOUSE BILL 06-1352
                    HOUSE SPONSORSHIP
 McFadyen, Buescher, Butcher, Curry, Gallegos, and Massey
 
                   SENATE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Agriculture, Livestock, & Natural Resources
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning an expansion of water judges' jurisdiction to
            address the effects of a water right adjudication on
            water quality.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not necessarily reflect any amendments that may be subsequently
       adopted.)
       
            When a water judge issues a decree for a change of type of use of
       water rights that transfers more than 1,000 acre-feet of water per year,
       allows the water judge to include a term or condition that addresses
       decreases in water quality caused by the change if the change would
       cause an exceedance of water quality standards established by the water
       quality control commission that are in effect at the time of the decree. 
       Directs the water judge to take into account all sources of pollutant
       contribution.  Specifies that if an affected stream segment exceeds a water
       quality standard at the time of the application, the applicant is responsible
       for only that portion of the exceedance attributable to the proposed
       change of type of use.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  37-92-305 (4), 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.  (4)  Terms and conditions to prevent
       injury as specified in subsection (3) of this section may include:
            (e)  A term or condition that addresses decreases in water
       quality caused by a change of type of use that is a significant
       water development activity, taking into account all sources of
       pollutant contributions, if the change would cause an
       exceedance of water quality standards established by the
       water quality control commission that are in effect at the time
       of the decree.  If an affected stream segment exceeds a water
       quality standard at the time of the application, the applicant
       shall be responsible for only that portion of the exceedance
       attributable to the proposed change of type of use.
            SECTION 2.  Applicability.  This act shall apply to water rights
       applications that are 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.