The bill creates a rebuttable presumption that a project that is
designed and constructed within a natural stream system for certain restoration purposes (stream restoration project) does not cause material injury to vested water rights (rebuttable presumption). A holder of a vested water right may challenge the rebuttable presumption by sufficiently demonstrating in a court of competent jurisdiction that the operation of the stream restoration project has caused material injury to a vested water right.
The bill also requires that, at least 63 calendar days before the
commencement of a stream restoration project, the owner or proponent of the stream restoration project register the project with the state engineer and provide notice to the substitute water supply plan notification list (registration and notice requirement).
Upon the completion of a stream restoration project, the owner or
proponent of the stream restoration project shall file a completion report with the state engineer.
If a stream restoration project is limited to certain minor
restoration activities:
•
The stream restoration project does not cause material injury to any vested water right;
•
The stream restoration project is not an unnecessary dam or other obstruction; and
•
The owner or proponent of the stream restoration project is not required to comply with the registration and notice requirement.
