S.B. 04-13 Colorado water conservation board - membership - confirmation by senate. Specifies that members of the Colorado water conservation board serve until their successor has been confirmed by the senate and that no person appointed by the governor to a vacancy on the board occurring while the senate is in session may take office until confirmed. Requires the governor to appoint a successor within 30 days after any vacancy.
APPROVED by Governor May 21, 2004
EFFECTIVE May 21, 2004
S.B. 04-32 Loans of water rights - decreed agricultural rights - appropriation. Authorizes an owner of an agricultural irrigation water right to loan such right for up to 180 days during any one calendar year to another owner on the same stream, subject to approval by the division engineer and a finding of a lack of material injury to other decreed water rights.
Appropriates $300 to the division of water resources for implementation of the act.
APPROVED by Governor May 21, 2004
EFFECTIVE May 21, 2004
S.B. 04-185 Ground water - well permits - extension - expiration. Subjects all permits for nonexempt wells outside of designated ground water basins to the same standards for expiration and extension by prohibiting Denver basin aquifer and mine dewatering well permits from being extended more than once. Eliminates the requirement to file a statement of beneficial use for nonexempt wells outside of designated ground water basins. Recodifies existing requirements to clarify the requirements.
APPROVED by Governor May 27, 2004
EFFECTIVE May 27, 2004
S.B. 04-222 Underground water - authority of state engineer - division 3. With regard to the regulation of underground water use in the Rio Grande basin, grants the state engineer wide discretion to permit the continued use of such underground water consistent with prevention of material injury to senior surface water rights and requires the state engineer to:
● Maintain a sustainable water supply considering aquifer fluctuations from 1978 to 2000 as a benchmark;
● Preserve the state's ability to comply with the Rio Grande compact; and
● Adopt rules that recognize valid existing contractual arrangements between water users; establish an irrigation season for the Rio Grande basin; do not credit the eradication of phreatophyes as a source of replacement water; and do not require surface water right holders to divert using wells.
Prohibits the state engineer from curtailing wells if the withdrawals are made pursuant to a properly-adopted ground water management plan adopted by a ground water management subdistrict. Establishes public notice and judicial review procedures for the approval of such plans. Requires the water judge to retain jurisdiction over the water management plan to ensure that the plan is operated, and injury is prevented, in conformity with the court's decree.
APPROVED by Governor May 20, 2004
EFFECTIVE May 20, 2004
S.B. 04-225 Designated ground water - curtailment orders - enforcement - penalties - appropriation. Authorizes the state engineer and ground water management districts to issue well permit enforcement orders to facilitate administration of designated ground water, including a requirement to provide records of energy used to pump ground water. Authorizes the state engineer, ground water management districts, and the ground water commission to seek court enforcement of such orders. Requires the court to award costs and fees to the prevailing party in such a proceeding. Specifies factors for the court's consideration and penalties that would apply except in cases of exempt domestic wells. Creates a well enforcement cash fund and directs the penalties to be deposited in the fund to be used for the investigation and enforcement of violations of orders or to regulate ground water.
Appropriates $10,000 to the division of water resources in the department of natural resources, of which amount $8,511 is allocated to the department of law for legal services, for implementation of the act.
APPROVED by Governor May 27, 2004
EFFECTIVE May 27, 2004
S.B. 04-235 Water conservation districts - Republican river - creation. Creates a Republican river water conservation district in Phillips and Yuma counties and those portions of Kit Carson, Lincoln, Logan, Sedgwick, and Washington counties within the Republican river basin, pursuant to the provisions of the existing water conservation district law, with modifications, for the purpose of cooperating with and assisting the state of Colorado to carry out the state's duty to comply with the limitations and duties imposed upon the state by the Republican river compact. Preserves the existing powers of the ground water management districts contained within the district.
Specifies that the county commissioners of each county, the ground water management districts within the district, and the Colorado ground water commission will appoint the 15 members of the district's board. Authorizes the district's board to take such actions as are necessary to cooperate with and assist the state of Colorado to carry out the state's duty to comply with the limitations and duties imposed upon the state by the Republican river compact.
Authorizes several funding mechanisms, including revenue bonds, special assessments, a one percent sales and use tax, ad valorem property taxes, and water fees.
APPROVED by Governor June 4, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
S.B. 04-238 Project eligibility lists - legislative approval - additions or modifications. Specifies that the joint resolutions for 2004 approving additions or modifications to the project eligibility lists for the water pollution control revolving fund and the drinking water revolving fund shall be passed and signed by the governor by May 1, rather than April 1. Effective January 1, 2005, and thereafter, requires such additions or modifications to be approved in a bill enacted by April 1. Also requires additions or modifications to the eligibility list for the species conservation trust fund to be approved in a bill rather than by joint resolution.
APPROVED by Governor April 28, 2004
EFFECTIVE April 28, 2004
H.B. 04-1035 Water conservation board - members. Prohibits members of the Colorado water conservation board from voting by proxy.
APPROVED by Governor March 8, 2004
EFFECTIVE March 8, 2004
H.B. 04-1073 Adjudications - applications - notice. Requires the water clerk or referee to provide land owners upon which a new or modified diversion or storage structure is or will be constructed with a resume of the application. Allows the applicant to rely on the county assessor's real estate records in determining the identity of the affected surface owners.
APPROVED by Governor April 5, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 04-1152 Water resources review committee - members - terms. Specifies that terms of members of the water resources review committee extend from January 1 of an odd-numbered year to December 31 of the following even-numbered year.
APPROVED by Governor March 17, 2004
EFFECTIVE March 17, 2004
H.B. 04-1221 Colorado water conservation board construction fund - projects authorization - appropriation. Authorizes the expenditure of moneys from the Colorado water conservation board (board) construction fund (fund) and the severance tax trust fund perpetual base account for certain enumerated water projects. Changes the amounts authorized for certain projects in previous years.
Appropriates moneys from the fund for:
● Data collection;
● Satellite monitoring system maintenance;
● Refreshing the irrigated acreage component of the Colorado decision support system database and related projects;
● A document imaging system;
● Floodplain map modernization;
● A weather modification program;
● A flood hazard mitigation program;
● A statewide tamarisk field survey;
● Continued development of the South Platte decision support system; and
● An El Paso county water master plan.
Restores balances in the flood response fund. Repeals the emergency infrastructure repair cash fund and the Arkansas river augmentation loan fund. Transfers remaining moneys in such funds to the board fund. Authorizes the board to make well augmentation loans from the fund. Changes the amounts available for previously authorized projects at Chatfield.
Authorizes the board to loan moneys from the Colorado river recovery program loan fund for certain water resources projects.
APPROVED by Governor May 21, 2004
EFFECTIVE May 21, 2004
H.B. 04-1256 Interruptible water supply agreements - term of operation - appropriation. Allows interruptible water supply agreements to operate for up to 3 years out of ten years rather than only during the year of and following a declared drought emergency. If the option to exercise the agreement has not been exercised during the 10-year period, allows the applicant to reapply a single time for another 10-year period. Allows a party to the original application to file objections based on injury by January 1 of the year following the first exercise of the agreement.
Appropriates $10,000 to the judicial department for implementation of the act.
APPROVED by Governor May 28, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 04-1365 Colorado water conservation board - office of water conservation and drought planning - water conservation plans. Updates water conservation law by:
● Expanding the role of the office of water conservation ("office") in the Colorado water conservation board ("board") by directing the office to provide information and technical assistance relating to drought mitigation to water providers and covered entities and by changing the name of the office to the office of water conservation and drought planning;
● Clarifying and specifying the requirements for water conservation planning for covered entities that receive financial assistance from either the board or the Colorado water resources and power development authority, including provisions to allow covered entities that are experiencing an unforeseeable emergency and that do not have a conservation plan to receive financing at an increased interest rate and requiring covered entities to update water conservation plans at least every 7 years; and
● Developing funding mechanisms that support local water conservation and drought mitigation planning.
APPROVED by Governor June 4, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 04-1402 Water administration fee - repeal - refund. Repeals the water administration fee applicable to water users. Directs the state engineer to refund, by June 30, 2004, any amounts collected, not including interest, attorney fees, or costs incurred by persons protesting the fee. Repeals the water administration cash fund on July 1, 2004. Makes a one-time appropriation of $1,527,449 to the division of water resources from the operational account of the severance tax trust fund. Adjusts appropriations made in the FY 2004-05 long bill.
APPROVED by Governor April 7, 2004
PORTIONS EFFECTIVE April 7, 2004
PORTIONS EFFECTIVE July 1, 2004
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The information on this page is presented as an informational service only and should not be relied upon as an official record of action or legal position of the State of Colorado, the Colorado General Assembly, or the Office of Legislative Legal Services.