S.B. 96-64 Water conservation board - instream flow appropriations. Authorizes the Colorado water conservation board to take agency action as provided by law to determine whether to appropriate minimum stream flow or natural lake level appropriations based on reasonable environmental considerations. Ratifies existing contractual agreements and stipulations related to such appropriations.
Specifies a procedure the board must follow in order to consider decreasing an existing instream flow right, including a public notice and comment process and public hearings. Requires the board's decision to be in writing and filed with the water court. Allows any person who appeared at the board hearing to file a petition for judicial review of the board's decision with the water court. Provides that judicial review be conducted as provided in the "State Administrative Procedure Act". If no petition is filed, requires the court to enter an order modifying the board's instream flow decree in accordance with the board's determination.
Allows minimum stream flows for natural lake level appropriations by the board as part of the endangered species recovery program for the upper Colorado river basin within Colorado and establishes criteria for such appropriations.
APPROVED by Governor May 23, 1996
EFFECTIVE May 23, 1996
S.B. 96-74 Water well pumping - augmentation requirements. Specifies when "not nontributary ground water" shall not be considered "nontributary ground water". Defines "not nontributary ground water".
Requires that a judicial decree approving a well augmentation plan in the Dawson aquifer provide for the replacement of stream depletion caused by the withdrawal of water from the well when the withdrawal occurs between July 1, 1998, and July 1, 2001.
Requires that a judicial decree approving a well augmentation plan with a point of contact closer that one mile between any natural stream and any of the Denver, Arapahoe, or Laramie-Fox Hills aquifers provide for the replacement of actual out of priority water depletions caused by the operation of the well when the depletions occur between July 1, 1998, and July 1, 2001.
Creates a special water committee to investigate Denver basin groundwater management and South Platte basin issues. Requires the state engineer and the director of the Colorado water conservation board to conduct a study of certain issues, subject to peer and committee review.
APPROVED by Governor June 1, 1996
EFFECTIVE June 1, 1996
S.B. 96-124 Ground water - administrative activities related to regulation of diversions - augmentation loans for Arkansas river basin - appropriations for study of Arkansas river channel restoration and data collection - penalties for violations of water diversion restrictions. Authorizes the Colorado water conservation board to make loans of up to $3,750,000 from the Colorado water conservation board construction fund to the Lower Arkansas water management association to augment the waters of the Arkansas river and appropriates $50,000 to the board for grants to coordinate data collection operations. Establishes criteria for granting or denying such loans. Authorizes the Colorado water conservation board to expend up to $150,000 for a channel restoration study of the Arkansas river. Authorizes the state engineer and water division engineers to order energy suppliers to ground water pumps to provide records of energy supplied to such facilities for purposes of enforcing pumping restrictions. Accelerates the priority of water court cases to enforce orders to curtail ground water pumping for purposes of compliance with interstate water compacts. Imposes a civil penalty, not to exceed $500 a day, for violations of groundwater diversion rules and reporting requirements as well as for interfering with groundwater diversion measuring equipment. Provides for the enforcement of such penalties by the state engineer and water division engineers through the attorney general's office. Makes persons responsible for excess groundwater diversions resulting in violations of interstate compacts liable for expenses of the state in mitigating any such violations.
For fiscal year 1995-96, appropriates $309,963 and 3.6 FTE from the general fund to the department of natural resources for allocation to the state engineer, out of which amount $75,011 and 1.2 FTE are appropriated to the department of law and $8,870 to the department of personnel for allocation to the division of central services; for fiscal year 1996-97, appropriates $701,836 and 9.5 FTE from the general fund to the state engineer, out of which amount $250,038 and 3.0 FTE are appropriated to the department of law and $21,288 to the division of central services. For fiscal year 1996-97, appropriates $20,004 and 0.5 FTE from the general fund to the trial courts division in the judicial department.
APPROVED by Governor March 1, 1996
EFFECTIVE March 1, 1996
S.B. 96-153 Water conservation board - project authorization and deauthorization - studies - appropriations. Authorizes the Colorado water conservation board to expend moneys from the Colorado water conservation board construction fund on the following:
Appropriates $480,000 from the Colorado water conservation board construction fund for the purpose of retaining a contractor to design the Colorado river compact decision support system and $113,000 for the purpose of maintaining the satellite monitoring system.
Deauthorizes certain projects authorized in previous years. Changes the amounts authorized for certain projects in a previous year. Authorizes the Colorado water conservation board to adjust the interest rate of loans in cases of financial hardship. Specifies that security interests to secure loans from the Colorado water conservation board construction fund may be perfected and enforced in the same manner as security interests under the Colorado "Uniform Commercial Code - Secured Transactions".
APPROVED by Governor May 23, 1996
EFFECTIVE May 23, 1996
S.B. 96-223 Water conservancy districts - director election petitions. Reduces the percentage of elector signatures required for petitions relating to the election of a water conservancy district director from 15% to 10% of registered electors. Changes the qualification of electors, for the purpose of signing these petitions, from those persons who have lived in the district for one year and own real property in the district to those persons who are entitled to vote in general elections.
APPROVED by Governor May 23, 1996
EFFECTIVE May 23, 1996
H.B. 96-1044 Ground water - well permits - procedure in water court - reports by state engineer. Exempts wells in the Dakota aquifer from the general requirement that no new wells be constructed nor existing wells expanded outside the boundaries of a designated ground water basin without a permit from the state engineer. Allows an applicant for a water right or change of water right to proceed in water court without first applying to the state engineer for a well permit and having it issued, denied, or not acted upon for 6 months, but in lieu of such requirement, imposes a requirement that the water court receive and consider a written consultation report on the application prepared by the state engineer or division engineer. Requires the water court to grant a decree unless construction and use of the proposed well will injuriously affect users of water under a vested water right or decreed conditional water right. Gives presumptive effect to findings of fact contained in the consultation report except in cases in which the state engineer or division engineer is a party to the action.
APPROVED by Governor April 16, 1996
EFFECTIVE April 16, 1996
H.B. 96-1252 Augmentation water plans - terms for approval. Clarifies that a proposed plan for augmentation that relies on water that is, by contract or otherwise, of limited duration shall not be denied solely on the ground that the augmentation water is of a limited duration so long as the terms of the plan prevent injury to vested water rights.
APPROVED by Governor March 25, 1996
EFFECTIVE March 25, 1996
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