Water And Irrigation - Digest of Bills

Digest of Bills - 2001

WATER AND IRRIGATION
S.B. 01-44 Nontributary groundwater - augmentation requirement - San Luis valley confined aquifer - rules - continuation. Continues the requirement of a plan for augmentation for new withdrawals of groundwater affecting the San Luis valley confined aquifer system until July 1, 2003.

APPROVED by Governor March 28, 2001
EFFECTIVE March 28, 2001

S.B. 01-157 Colorado water conservation board - construction fund list. Authorizes the expenditure of moneys in the Colorado water conservation board construction fund and the severance tax trust fund perpetual base account on the following:

Certain enumerated water projects;
Satellite monitoring system maintenance;
Dual water system study;
Managed groundwater re-regulation demonstration project;
South Platte river decision support system;
Lower South Platte water management and storage site study;
Arkansas valley pipeline project;
Consolidated water resources information center;
Elkhead reservoir environmental compliance;
Drought planning survey;
Floodplain mapping program;
Continuation of Cherry Creek reservoir flood safety investigation;
Continuation of the Alamosa river watershed project;
Frenchman creek feasibility study;
Restoration of emergency infrastructure repair loan account balance; and
Appropriations to the Colorado river recovery program loan account.

Changes the amounts authorized for certain projects in previous years. Creates a new flood emergency response fund and a new loan foreclosure fund. Repeals the severance tax trust fund statewide water planning account. Changes various accounts in the Colorado water conservation board construction fund to separate funds.

APPROVED by Governor May 30, 2001
EFFECTIVE May 30, 2001

S.B. 01-216 Colorado water conservation board - recreational in-channel diversion by a local government - recommendations to water court. After the effective date of this act, limits recreational in-stream diversions to a county, municipality, city and county, water district, water and sanitation district, water conservation district, or water conservancy district.

Requires a county, municipality, city and county, water district, water and sanitation district, water conservation district, or water conservancy district, within 30 days after initiating any water rights filing with the water court for the adjudication of a recreational in-channel diversion, to submit a copy of the application to the Colorado water conservation board (CWCB) for review and recommendation as to whether the application should be granted, granted with conditions, or denied. Requires the CWCB to make written findings on such application concerning:

Whether the adjudication and administration of the recreational in-channel diversion would impair the ability of Colorado to fully develop and place to consumptive beneficial use its compact entitlements;
The appropriate reach of stream required for the intended use;
Whether there is access for recreational in-channel use;
Whether adjudication and administration of the recreational in-channel diversion would promote maximum utilization of waters of the state;
Whether such in-channel diversion can be exercised without material injury to the vested water rights or decreed conditional water rights of others; and
Such other factors as may be determined appropriate and set forth in rules adopted by the board, after public notice and comment.

Specifies that this procedure does not apply to any water right or conditional water right for recreational in-channel diversion purposes filed before January 1, 2001.

Adds diversion of water by a county, municipality, city and county, water district, water and sanitation district, water conservation district, or water conservancy district for recreational in-channel diversion purposes to the definition of "beneficial use". Defines "recreational in-channel diversion".

Establishes standards for a water court to use when reviewing an application for recreational in-channel diversion filed by a county, municipality, city and county, water district, water and sanitation district, water conservation district, or water conservancy district. Makes the findings of fact made by the CWCB presumptive as to such facts, subject to rebuttal by any party.

APPROVED by Governor June 5, 2001
EFFECTIVE June 5, 2001

H.B. 01-1240 Interim study committee - creation. Creates the water resources legislation review committee as an interim study committee and sets forth the purpose for such committee. Specifies the membership of the committee. Requires that the committee meet at least once. Continues the studies previously within the mandate of the special water committee, and delays the effectiveness of more stringent augmentation requirements until July 1, 2003.

APPROVED by Governor May 31, 2001
EFFECTIVE July 1, 2001

H.B. 01-1250 Ditch - damage - penalty. Increases the fine from a range of $5 to $350 to a range of $50 to $750 for intentionally damaging any part of a ditch to injure any person, association, or corporation or to steal water. Also requires a court to order a person convicted of intentionally damaging any part of a ditch to injure any person, association, or corporation or to steal water to make full restitution to the victim of his or her conduct for the actual damages that were sustained. Allows the court to fix the manner and time of making restitution.

APPROVED by Governor June 5, 2001
EFFECTIVE August 8, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.

H.B. 01-1254 Adjudications - notice - affected landowners. Makes legislative findings. Requires water courts to serve written notice on the owners of land directly affected by water rights adjudication applications.

APPROVED by Governor April 9, 2001
EFFECTIVE August 8, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.

H.B. 01-1354 State engineer - water bank pilot program - rules - appropriation. Directs the state engineer to promulgate, by July 1, 2002, rules to establish and administer a water banking pilot program intended to simplify and improve the approval of water leases, loans, and exchanges of stored water within the Arkansas river basin, reduce the costs associated with such transactions, and increase the availability of water-related information. Requires the state engineer to report to the governor and the general assembly, on or before November 1, 2005, regarding the effectiveness of the program. Provides for judicial review of the rules by the water division 2 water judge exclusively. Allows local governments, irrigation districts, ditch companies, and conservancy districts to utilize Colorado heritage planning grants to develop plans regarding water banking.

Repeals the pilot program, and any rules promulgated pursuant to the pilot program, on July 1, 2007.

Appropriates $56,253 and 0.1 FTE to the state engineer's office and $19,534 and 0.2 FTE to the department of law to implement the act.

APPROVED by Governor June 5, 2001
EFFECTIVE June 5, 2001