LEG00017

• Bill Number: HB04-1040
• Year: 2004
• Title: Concerning the requirementto mitigate the effects on the water basin
• Legislation - Doc Type: Other CWCB Related Bills - Killed

needed after the preparation of an integrated water supply and demand
plan and after an analysis of reasonable alternatives to such export.
Specifies that these requirements do not apply if the applicant has reached
an enforceable mitigation agreement with a water conservation or
conservancy district from within whose houndaries the waters are
proposed for diversion.

1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 37-92-305 (9), Colorado Revised Statutes, IS
3 amended BY THE ADDITION OF A NEW PARAGRAPH to read:

4 37-92-305. Standards with respect to rulings ofthe referee and
5 decisions of the water judge. (9) (d) No CLAIM FOR A WATER RIGHT
6 DIVERTING WATER FROM ONE WATER DIVISION TO ANOTHER MAY BE

7 RECOGNIZED OR A DECREE THEREFOR GRANTED UNLESS THE WATER JUDGE

8 INCLUDES IN THE DECREE SUCH TERMS AND CONDITIONS AS ARE REQUIRED

9 TO ENSURE THAT THE PRESENT APPROPRIATION OF WATER AND

10 PROSPECTIVE BENEFICIAL USES OF WATER WITHIN THE WATER DIVISION IN

11 COLORADO FROM WHICH THE WATER IS EXPORTED WILL NOT BE IMPAIRED

12 OR INCREASED IN COST AT THE EXPENSE OF THE WATER USERS IN THAT

_ _ __ ____--D__DIVISION.-THE-F AGIbi'FIESAND'0THERMEANS-FOR ACCOMPLISHMENTOF-----

14 SUCH PURPOSE SHALL BE INCORPORATED IN AND MADE A PART OF ANY

15 DECREE FOR THE EXPORTATION OF WATER FROM THE DIVISION. SUCH

16 EXPORTATION SHALL BE SHOWN TO BE NEEDED AFTER THE PREPARATION

17 OF AN INTEGRATED WATER SUPPLY AND DEMAND PLAN AND AFTER AN

18 ANALYSIS OF REASONABLE ALTERNATIVES TO SUCH EXPORT. THIS

19 PARAGRAPH (d) SHALL NOT APPLY IF THE APPLICANT DEMONSTRA TES THAT

20 IT HAS ENTERED INTO AN ENFORCEABLE MITIGATION AGREEMENT WITH THE

21 WATER CONSERVATION DISTRICT FROM WITHIN WHOSE BOUNDARIES THE

22 WATERS ARE PROPOSED FOR DIVERSION OR, IN THE ABSENCE OF SUCH AN

-2-

HB04-1040