LEG00187

• Bill Number: HB04-1233
• Year: 2004
• Title: Concerning water conservation measures
• Legislation - Doc Type: Other CWCB Related Bills - Killed

I CONSERVATION OF COLORADO'S W ATERRESOURCES, A WATER COURT MAY

2 APPROVE A CHANGE OF WATER RIGHT FOR SAVED WATER IF SUCH

3 APPROVAL WILL NOT CAUSE MATERIAL INJURY TO VESTED WATER RIGHTS,

4 THE SAVED WATER IS LIMITED TO THE HISTORICAL CONSUMPTIVE USE

5 ASSOCIATED WITH THE WATER RIGHT, AND SUCH APPROVAL WILL NOT

6 ADVERSELY AFFECT COLORADO'S INTERSTATE COMPACT ENTITLEMENTS OR

7 OBLIGATIONS. FOR PURPOSES OF THIS SUBSECTION (3.5), "SAVED WATER"

8 MEANS WATER THAT HAS HISTORICALLY BEEN CONSUMED IN PAST USE

9 PRACTICES THAT, BECAUSE OF IMPROVED DELIVERY, STORAGE, OR USE

I 0 METHODOLOGIES, IS NO LONGER REQUIRED TO ACCOMPLISH ITS HISTORIC

II BENEFICIAL USE.

12 SECTION 4. Effective date - applicability. (I) This act shall

13 take effect at 12:01 a.m. on the day following the expiration of the

14 ninety-day period after final adjournment of the general assembly that is

15 allowed for submitting a referendum petition pursuant to article V,

16 section I (3) ofthe state constitution (August 4, 2004, if adjournment sine

17 die is on May 5, 2004); except that, if a referendum petition is filed

18 against this act or an item, s_e_cJion,_ocpartofJhis_acLwithin_such..period,

19 then the act, item, section, or part, if approved by the people, shall take

20 effect on the date of the official declaration of the vote thereon by

21 proclamation of the governor.

22 (2) The provisions of section I of this act shall apply to restrictive

23 covenants adopted before, on, or after the applicable effective date of this

24 act. The provisions of sections 2 and 3 of this act shall apply to irrigation

25 occurring and adjudication applications filed on or after the applicable

26 effective date of this act.

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HB04-1233