Water And Irrigation - Digest of Bills

Digest of Bills - 2009

WATER AND IRRIGATION

S.B. 09-15 Water divisions - White river drainage basin - alignment of judicial and administrative oversight. Moves the White river drainage basin from water division 5 to water division 6 in order to align judicial and administrative oversight.

Makes the act applicable to matters filed in water divisions 5 and 6 on or after August 5, 2009.

APPROVED by Governor March 2, 2009
EFFECTIVE August 5, 2009
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 09-80 Rooftop precipitation capture - when allowed - procedures. Authorizes the collection of precipitation from the roof of a building that is primarily used as a residence and is not served by a domestic water system serving more than 3 single-family dwellings, if the water collected is used for:

Fire protection;

The watering of poultry, domestic animals, and livestock on farms and ranches;

The irrigation of not over one acre of gardens and lawns; or

Ordinary household purposes.

Restricts use of rooftop precipitation capture systems to persons having or legally entitled to have an exempt or small capacity well. Subjects such systems to any limitations on use that are or would be contained in the small capacity or exempt well permit.

Recognizes the authority of the board of a ground water management district to impose rules further restricting the use of rooftop precipitation capture systems.

Requires a person who wishes to collect precipitation from a rooftop to file an application in the form and manner specified by the state engineer and, unless the applicant has a current well permit or is applying for a new well permit, pay a fee in an amount to be determined by the state engineer. Directs the state engineer to transmit such fees to the ground water management cash fund and specifies that the fund may be used to monitor compliance with rooftop precipitation capture laws and regulations.

Authorizes the state engineer and division engineers to issue orders to enforce rooftop precipitation capture laws. When such orders are violated, allows the state engineer, through the state attorney general, to seek an injunction or a fine of up to $500 for each violation, from the water court district in which the violations occurred. States that any fines collected shall be transmitted to the state treasurer, who shall credit the same to the ground water management fund.

APPROVED by Governor April 22, 2009
EFFECTIVE July 1, 2009

S.B. 09-106 Water supply reserve account extension - eligibility of grant applicants subject to water conservation plan adoption requirements - Colorado water conservation board annual report. Extends indefinitely the funding of the water supply reserve account, which is continuously appropriated with moneys transferred from the operational account of the severance tax trust fund. For the fiscal year beginning July 1, 2010, increases from $6,000,000 to $10,000,000 the money to be transferred from the operational account of the severance tax trust fund to the water supply reserve account. Repeals the reversion of unexpended and unencumbered moneys from the water supply reserve account to the operational account of the severance tax trust fund that was scheduled to occur one year after the final transfer of funds to the water supply reserve account.

Allows the Colorado water conservation board (board) to allocate moneys by grant from the water supply reserve account of the severance tax trust fund to applicants who are subject to the requirement to adopt a water conservation plan, only if the applicant has adopted such a plan. Specifies that repayments of principal and interest on loans from the water supply reserve account are to be credited to the account.

Requires the board to consult with the interbasin compact committee to report annually to the house agriculture, livestock, and natural resources committee and the senate agriculture, natural resources, and energy committee on how moneys in the water supply reserve account were expended during the previous year.

APPROVED by Governor June 2, 2009
EFFECTIVE July 1, 2009

S.B. 09-125 Colorado water conservation board construction fund - project authorizations - creation of the wild and scenic rivers fund - appropriations. Appropriates the following amounts from the Colorado water conservation board construction fund for the following projects:

$350,000 for satellite monitoring system maintenance;

$50,000 for instream flow engineering and technical support services;

$100,000 for water resources planning studies;

$1,500,000 for continuation of the alternative agriculture water transfer sustainability grant program;

$500,000 for water adaptation partnership projects;

$175,000 for the continuation of the weather modification program;

$300,000 for an update to the national oceanic and atmospheric administration statewide precipitation atlas;

$30,000 for dust-on-snow studies;

Up to $500,000 for continuation of the Colorado floodplain map modernization program;

$250,000 for continuation of the watershed restoration program;

$125,000 for continuation of floodplain technical services;

Up to $300,000 to restore the unencumbered balance in the flood response fund to $300,000;

$550,000 to continue the water resources information center and data harvesting initiative;

$50,000 to enhance the Colorado decision support systems with the modflow model;

$150,000 for continuation of the South Platte decision support system;

$1,000,000 for continuation of the Colorado river water availability study, Phase 2;

$250,000 for Arkansas river surface water rules technical and financial assistance; and

Up to $2,200,000 to restore the unencumbered balance in the litigation fund to $4,000,000.

Makes the following adjustments to the 2009 general appropriations act (Senate Bill 09-259):

Decreases by $100,000 the appropriation from the water efficiency grant program cash fund to the Colorado water conservation board (board) for the water efficiency grant program;

Appropriates $100,000 from the water conservation board construction fund to the board for the water efficiency grant program;

Decreases by $400,000 the appropriation to the board from the interbasin compact committee operation fund; and

Appropriates $400,000 from the water conservation board construction fund to the board.

Allows the board to deauthorize a grant, and use any remaining moneys from such grant for other statutorily sanctioned purposes, when the project for which the grant was made has been completed or is no longer feasible.

Creates the continuously appropriated wild and scenic rivers fund for the purpose of exploring alternatives that fall within the wild and scenic designation process. Directs the state treasurer to transfer $400,000 from the water conservation board construction fund to the wild and scenic rivers fund. Requires annual review by the board of the purposes for the wild and scenic rivers fund in order to determine whether the wild and scenic rivers fund is necessary.

Commencing with the fiscal year that begins July 1, 2009, reduces from $1,145,067 to $745,067 the amount of moneys annually transferred from the operational account of the severance tax trust fund to the interbasin compact committee operation fund.

Amends a 2007 provision authorizing the board to loan moneys from the severance tax trust fund perpetual base account for certain water resources projects to allow sponsors of the projects 10 additional years to enter into loan contracts with the board.

APPROVED by Governor June 1, 2009
EFFECTIVE June 1, 2009

S.B. 09-147 Substitute water supply plans - replacement of certain out-of-priority depletions in water division 1. For plans for augmentation that are the subject of a final decree entered by the water court for water division 1, authorizes the state engineer to approve annual substitute water supply plans for plans to replace out-of-priority lagged depletions caused by pre-January 1, 2003, pumping of wells included in the decreed augmentation plans. Describes the procedure by which approval of such plans may be obtained, and specifies terms and conditions to be included in any such substitute water supply plan. Repeals the authorization on, and specifies that such plans shall expire by, July 1, 2018. Clarifies that no additional transbasin diversion of water from the Colorado river is being authorized or facilitated.

APPROVED by Governor April 9, 2009
EFFECTIVE April 9, 2009

H.B. 09-1017 Water conservation board - water efficiency grant program - expenditures from fund - continuing authority. Continuously appropriates revenues in the water efficiency grant program cash fund to the Colorado water conservation board (CWCB). Allows the CWCB to finance ongoing programs and projects until they are completed or until June 30, 2012.

APPROVED by Governor May 21, 2009
EFFECTIVE May 21, 2009

H.B. 09-1129 Precipitation capture - pilot projects - approval criteria - substitute water supply plan - augmentation plan - reports - repeal. Directs the Colorado water conservation board (board) to select the sponsors of up to 10 new residential or mixed-use developments that will conduct individual pilot projects to collect precipitation from rooftops and impermeable surfaces for nonpotable uses. Specifies that the purpose of the pilot projects is to:

Evaluate the technical ability to reasonably quantify the site-specific amount of precipitation that accrues to the natural stream system via surface and ground water return flows;

Create a baseline set of data and sound, transferable methodologies for quantifying native plant consumption and measuring local weather and precipitation patterns;

Evaluate a variety of precipitation harvesting system designs;

Measure precipitation capture efficiencies;

Quantify the amount of precipitation that must be augmented to prevent injury to decreed water rights;

Compile and analyze the data collected; and

Provide data to allow sponsors to adjudicate permanent augmentation plans.

Directs the board to establish criteria and guidelines for applications and the selection of pilot projects, including selection of pilot projects to represent a range of project sizes and different geographic and hydrologic areas in the state and giving priority to pilot projects that are located in areas that face renewable water supply challenges and that promote water conservation.

Requires pilot projects to:

During the term of the pilot project, operate according to a substitute water supply plan if approved annually by the state engineer in which, during at least the first 2 years, the depletion is calculated as the total captured and measured precipitation and, after 2 years, as the amount of precipitation captured minus the historical consumptive use from preexisting, natural vegetation cover on the impermeable area;

Upon completion of the pilot project, apply for a permanent augmentation plan or retire the pilot project;

Submit an annual preliminary report to the board and the state engineer summarizing the data collected; and

Submit a final report to the board and the state engineer by January 15, 2019.

Requires the board and the state engineer to brief the water resources review committee on the pilot projects by July 1, 2014, and to provide a final briefing to the water resources review committee by July 1, 2019. Specifies criteria and procedures for approval of a substitute water supply plan for pilot projects. Appropriates $14,280 from the Colorado water conservation board construction fund for purposes of the act. Repeals the act, effective July 1, 2020.

APPROVED by Governor June 2, 2009
EFFECTIVE June 2, 2009

H.B. 09-1159 Ground water management districts - board of directors - eligibility. Allows a person who is a resident agriculturist who owns and actively farms or ranches land located within a division of a ground water management district, and who resides within the designated ground water basin within which the district is located, to be a member of the board of directors of the district.

APPROVED by Governor March 20, 2009
EFFECTIVE August 5, 2009
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 09-1174 Plans for augmentation - division 1 - nonreplacement of pre-1974 pumping depletions. Specifies that decrees for plans for augmentation entered in the South Platte river basin on or after the effective date of the act shall not require the replacement of out-of-priority depletions caused by pumping that occurred prior to March 15, 1974. Allows the water judge to review all of the terms and conditions of a proposed amended plan.

APPROVED by Governor March 25, 2009
EFFECTIVE August 5, 2009
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 09-1185 Water rights - applications - procedures. Allows documents related to water rights applications to be transmitted by methods other than mail. Rescinds the requirement that applications and statements of opposition to such applications be filed in quadruplicate. Recognizes the authority of the Colorado supreme court to adopt rules to supplement statutory filing and transmittal procedures.

APPROVED by Governor April 2, 2009
EFFECTIVE July 1, 2009

H.B. 09-1233 Acequias mutual ditch company - creation and conversion. Allows the creation of acequia mutual ditch companies and allows an existing mutual ditch company to convert to an acequia mutual ditch company if certain eligibility requirements are met. Allows an acequia mutual ditch company to:

Hold its elections pursuant to a one landowner-one vote system;

Require owners of land irrigated by an acequia to contribute labor to the maintenance and repair of the acequia or to pay an assessment in lieu of such labor;

Allocate water on basis other than pro rata ownership of the mutual ditch; and

Hold a right of first refusal regarding the sale, lease, or exchange of any surface water right that has historically been used to irrigate long-lot land by the acequia.

APPROVED by Governor April 22, 2009
EFFECTIVE April 22, 2009

H.B. 09-1303 Ground water - oil and gas wells - permit requirement - rules - compliance extension - coal bed methane wells - substitute water supply plans - plans for augmentation. Clarifies that the definition of "nontributary ground water" applies to 100 years of continuous withdrawal.

Requires notice to an oil and gas operator if the surface location of a proposed domestic exempt water well will be within 600 feet of the operator's oil and gas well. Authorizes the state engineer to issue a well permit notwithstanding the generally applicable 600-foot limitation if both the proposed well and all existing wells within 600 feet of the proposed well are oil and gas wells or if the state engineer gives notice and an opportunity to comment to the owners of wells that are not oil and gas wells within the 600-foot limit.

Authorizes the state engineer to promulgate rules applicable to the withdrawal of nontributary ground water to facilitate the mining of minerals. Gives oil and gas wells that illegally divert ground water until March 31, 2010, to come into compliance.

Specifies procedures and requirements for substitute water supply plans and plans for augmentation for coal bed methane wells that pump tributary ground water. Requires either a substitute water supply plan or a plan for augmentation for such wells by March 31, 2010. Authorizes temporary substitute water supply plans for such wells until December 31, 2012, and by January 1, 2013, requires such wells to be subject to either permanent plans for augmentation or substitute water supply plans and applications to the water court for plans for augmentation.

APPROVED by Governor June 2, 2009
EFFECTIVE June 2, 2009