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First Regular Session DRAFT

Sixty-sixth General Assembly 12.7.06


STATE OF COLORADO
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LLS NO. 07-0220.01 Thomas Morris SENATE BILL


SENATE SPONSORSHIP
Penry,

HOUSE SPONSORSHIP
(None),

Senate Committees House Committees


SHORT TITLE: "Clarify Augmentation Curtailment Auth"

DEADLINES: Finalize by: 01.08.07 File by: 01.12.07

A BILL FOR AN ACT


101 C ONCERNING CLARIFICATION OF STATUTES GOVERNING THE
102 ADMINISTRATION OF WATER COURT- APPROVED PLANS FOR
103 AUGMENTATION.

Bill Summary

(Note: This summary applies to this bill as introduced and does


not necessarily reflect any amendments that may be subsequently
adopted.)

Clarifies the general assembly's intent to give finality to decreed


plans for augmentation by specifying that the state and division engineers
have no authority to curtail such plans for augmentation to the extent they
are operating in compliance with the terms and conditions of water court
decrees.

Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.


Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute.
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12.7.06

1 Be it enacted by the General Assembly of the State of Colorado:

2 SECTION 1. 37-92-305 (8), Colorado Revised Statutes, is

3 amended to read:

4 37-92-305. Standards with respect to rulings of the referee and

5 decisions of the water judge. (8) In reviewing a proposed plan for

6 augmentation and in considering terms and conditions that may be

7 necessary to avoid injury, the referee or the water judge shall consider the

8 depletions from an applicant's use or proposed use of water, in quantity

9 and in time, the amount and timing of augmentation water that would be

10 provided by the applicant, and the existence, if any, of injury to any

11 owner of or persons entitled to use water under a vested water right or a

12 decreed conditional water right. A plan for augmentation shall be

13 sufficient to permit the continuation of diversions when curtailment

14 would otherwise be required to meet a valid senior call for water, to the

15 extent that the applicant shall provide replacement water necessary to

16 meet the lawful requirements of a senior diverter at the time and location

17 and to the extent the senior would be deprived of his or her lawful

18 entitlement by the applicant's diversion. A proposed plan for

19 augmentation that relies upon a supply of augmentation water which, by

20 contract or otherwise, is limited in duration shall not be denied solely

21 upon the ground that the supply of augmentation water is limited in

22 duration, so long as the terms and conditions of the plan prevent injury to

23 vested water rights. Said terms and conditions shall require replacement

24 of out-of-priority depletions that occur after any groundwater GROUND

25 WATER diversions cease. Decrees approving plans for augmentation shall

26 CONTAIN ALL TERMS AND CONDITIONS NECESSARY TO PREVENT INJURY TO

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1 VESTED WATER RIGHTS AND SHALL require that the state engineer curtail

2 all out-of-priority diversions the depletions from which are not so

3 replaced as to prevent injury to vested water rights THAT ARE NOT MADE

4 IN COMPLIANCE WITH SAID TERMS AND CONDITIONS. T HE STATE ENGINEER

5 SHALL NOT CURTAIL OUT- OF- PRIORITY DIVERSIONS THAT ARE MADE IN

6 COMPLIANCE WITH THE TERMS AND CONDITIONS OF THE DECREED PLAN

7 FOR AUGMENTATION. A plan for augmentation may provide procedures

8 to allow additional or alternative sources of replacement water, including

9 water leased on a yearly or less frequent basis, to be used in the plan after

10 the initial decree is entered if the use of said additional or alternative

11 sources is part of a substitute water supply plan approved pursuant to

12 section 37-92-308 or if such sources are decreed for such use. N OTHING

13 IN THIS SECTION SHALL ALLOW DIVERSIONS UNDER A PLAN FOR

14 AUGMENTATION TO TAKE PLACE THAT ARE NOT MADE IN COMPLIANCE

15 WITH THE TERMS AND CONDITIONS OF WATER COURT DECREES, INCLUDING

16 WITHOUT LIMITATION THE TERMS RELATING TO PROVIDING WATER TO

17 REPLACE OUT- OF- PRIORITY DEPLETIONS.

18 SECTION 2. Applicability. As a clarification of existing law,

19 this act shall apply to all plans for augmentation adjudicated pursuant to

20 the "Water Right Determination and Administration Act of 1969",

21 regardless of whether the plans were adjudicated before, on, or after the

22 effective date of this act.

23 SECTION 3. Safety clause. The general assembly hereby finds,

24 determines, and declares that this act is necessary for the immediate

25 preservation of the public peace, health, and safety.

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