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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0726.01 DHG HOUSE BILL 98­1241

STATE OF COLORADO

BY REPRESENTATIVES Lamborn and Adkins;

also SENATOR Duke.

AGR., LIVESTOCK & NATURAL RESOURCES

A BILL FOR AN ACT

CONCERNING THE EVAPORATION OF WATER FROM ON­STREAM STATE RESERVOIRS CONSTRUCTED PRIOR TO 1895.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Recognizes that the water that is evaporated from on­stream reservoirs constructed prior to 1895 pursuant to legislation approved April 16, 1891, has been an actual depletion to those streams since that date, that it was not intended by the legislature in authorizing construction of such reservoirs that there would be replacement of such depletions, and provides that no replacement of such evaporation shall be required by the state engineer or by the water judge.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  Legislative declaration. (1)  The general assembly hereby finds, determines, and declares that:

(a)  The water that is evaporated from on­stream reservoirs originally constructed prior to 1895 pursuant to legislation approved April 16, 1891, has been an actual depletion to those streams since that date;

(b)  In authorizing construction of such reservoirs in 1891, the general assembly did not intend for such depletions to be replaced;

(c)  If replacement of such depletions were now required after over 100 years, the continued operation of such reservoirs would be rendered impracticable, thus defeating legitimate expectations and vested rights;

(d)  The effect of such evaporation upon other water rights has been insignificant; and

(e)  This act is intended to recognize and unequivocally restate the intent of the 1891 legislation, thereby avoiding any future misunderstanding and the potential for absurd results.

SECTION 2.  37­80­120, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

37­80­120.  Upstream storage ­ substitute supply ­ historic natural depletion. (6)  IN REGARD TO ANY ON­STREAM RESERVOIRS ORIGINALLY CONSTRUCTED PRIOR TO 1895 PURSUANT TO LEGISLATION APPROVED APRIL 16, 1891, THERE SHALL BE NO REQUIREMENT TO REPLACE DEPLETIONS FROM EVAPORATION.

SECTION 3.  37­92­305 (12), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

37­92­305.  Standards with respect to rulings of the referee and decisions of the water judge. (12) (c)  IN REGARD TO ANY ON­STREAM RESERVOIRS ORIGINALLY CONSTRUCTED PRIOR TO 1895 PURSUANT TO LEGISLATION APPROVED APRIL 16, 1891, THERE SHALL BE NO REQUIREMENT TO REPLACE DEPLETIONS FROM EVAPORATION.

SECTION 4.  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.