NOTE: The governor signed this measure on 4/4/2013.
      
      
      SENATE BILL 13-074
      
      
      BY SENATOR(S) Hodge, Baumgardner, Brophy, Giron, Roberts, Guzman,
      Jahn, Nicholson, Schwartz, Tochtrop;
      also REPRESENTATIVE(S) Sonnenberg, Fischer, McLachlan, Rosenthal,
      Vigil.
      
      
      Concerning the resolution of ambiguities in old water right
           decrees regarding the place of use of irrigation water.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 37-92-305, amend (4)
      (a) (I) as follows:
      
           37-92-305.  Standards with respect to rulings of the referee and
      decisions of the water judge. (4) (a)  Terms and conditions to prevent
      injury as specified in subsection (3) of this section may include:
      
           (I) (A)  A limitation on the use of the water that is subject to the
      change, taking into consideration the historical use and the flexibility
      required by annual climatic differences.
      
           (B)  For purposes of determining lawful historical use, if a
      decree entered before January 1, 1937, establishes an irrigation
      water right and does not expressly limit the number of acres that
      the appropriator may irrigate under the water right, the lawful
      maximum amount of irrigated acreage equals the maximum amount
      of acreage irrigated in compliance with all express provisions of
      the decree during the first fifty years after entry of the original
      decree, unless a court of competent jurisdiction has entered a
      final judgment to the contrary. Irrigated acreage not exceeding
      the lawful maximum amount and located within a reasonable
      proximity to the ditch, including extensions and lateral delivery
      infrastructure, as constructed within the first fifty-year period
      after entry of the original decree, may be included in the
      historical average in an historical consumptive use analysis
      supporting a change of water right application.
      
           SECTION 2. In Colorado Revised Statutes, 37-92-503, add (9) as
      follows:
      
           37-92-503.  Enforcement - injunction. (9)  In the case of an
      action initiated by the state engineer or another person alleging
      expanded or unlawful use of a water right decreed for irrigation,
      the lawful maximum amount of irrigated acreage for a decree
      entered before January 1, 1937, that establishes an irrigation
      water right and does not expressly limit the number of acres that
      the appropriator may irrigate under the water right equals the
      maximum amount of acreage irrigated in compliance with the
      express provisions of the decree during the first fifty years after
      the entry of the original decree, unless a court of competent
      jurisdiction has entered a final judgment to the contrary.
      Irrigation of acreage not exceeding the lawful maximum amount
      and located within a reasonable proximity to the ditch, including
      extensions and lateral delivery infrastructure, as constructed
      within the first fifty-year period after entry of the original
      decree is deemed lawful for continued irrigation under the water
      right.
      
           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
      7, 2013, if adjournment sine die is on May 8, 2013); 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 2014
      and, in such case, will take effect on the date of the official declaration of
      the vote thereon by the governor.
      
      
      
      
      ____________________________  ____________________________
      John P. Morse                         Mark Ferrandino
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Cindi L. Markwell                      Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO