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Legislative Year: 2024 Change
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Bill Detail: SB24-197

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Title Water Conservation Measures
Status Governor Signed (05/29/2024)
Bill Subjects
  • Water
House Sponsors M. Catlin (R)
J. McCluskie (D)
Senate Sponsors D. Roberts (D)
P. Will (R)
House Committee Agriculture, Water and Natural Resources
Senate Committee Agriculture and Natural Resources
Date Introduced 04/03/2024
AI Summary
Summary

Section 2 of the bill allows the owner of a decreed storage water
right to loan water to the Colorado water conservation board (board) for
a stream reach for which the board does not hold a decreed instream flow
water right.
Current law requires the board to establish an agricultural water
protection program for water divisions 1 and 2. Section 3 changes current
law by requiring the board to establish an agricultural water protection
program in each water division.
Current law allows periods of nonuse of a water right to be tolled
in certain circumstances for the purposes of determining whether a water
right is abandoned. Section 4 changes current law by allowing a water
right to be tolled for the duration that an electric utility that owns a water
right in water division 6 decreases use of, or does not use, the water right
if the decrease in use or nonuse occurs during the period beginning
January 1, 2020, and ending December 31, 2050, and if the water right is
owned by the electric utility since January 1, 2019.
Current law requires an owner of a conditional water right to
obtain a finding of reasonable diligence or the conditional water right is
considered abandoned. Section 5 allows the water judge, in considering
a finding of reasonable diligence for a conditional water right that is
owned by an electric utility in water division 6 since January 2019, to
consider the following as supporting evidence:
  • The conditional water right may be used to support a
specific project or potential future generation technologies
or concepts that have the potential to advance progress
toward Colorado's clean energy and greenhouse gas
emission reduction goals; and
  • The electric utility or another entity has made efforts to
investigate or research the viability of future generation
technologies that have the potential to advance progress
toward Colorado's clean energy and greenhouse gas
emission reduction goals.
In determining the amount of historical consumptive use for a
water right, a water judge is prohibited from considering certain specified
uses. Section 6 prohibits the water judge from considering the decrease
in use or nonuse of a water right owned by an electric utility in division
6 since January 1, 2019, which decrease in use or nonuse occurs during
the period beginning January 1, 2019, and ending December 31, 2050, in
determining the amount of historical consumptive use. If the water right
is leased by the electric utility to a third party, the water right is not
entitled to historical consumptive use protection for the period the water
right is subject to the lease.
Current law allows the board to approve certain grants related to
water conservation and requires the board to establish criteria to require
the grant applicant to provide matching funds of at least 25%. Section 7
allows the board to reduce or waive fund matching requirements in the
case of a grant to the Ute Mountain Ute Tribe or the Southern Ute Indian
Tribe.
1

Committee Reports
with Amendments
Full Text
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Fiscal Notes Fiscal Notes (07/01/2024) (most recent)  
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