LEG00195

• Bill Number: HB03-1008
• Year: 2003
• Title: Conservation Easements for Water Rights
• Legislation - Doc Type: Other CWCB Related Bills - Passed

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Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 3S-30.5-102, Colorado Revised Statutes, is
amended to read:
38-30.5-102. Conservation ea$ement in gross. "Conservation
easement in gross", for the purposes of this article, means a right in the
owner of the easement to prohibit or. require a limitation upon or an
obligation to perform acts on or with respect to a land or water area, or
airspace above the land or water, OR WATER RIGHTS BENEFICtALi.:Y USED
UPON THAT LAND OR WATER AREA, owned by the grantor appropriate to
the retaining or maintaining of such land, water, or airspace, OR
WATER RIGHTS, including improvements, predominantly in a natural,
scenic, or open condition, or for wildlife habitat, or for agricultural,
horticultural, WETLANDS, recreational,' forest, or other use or condition
consistent with the protection of open land, having vvhoksollle
environmental quality or life-sustaining ecological diversity, or
appropriate to the conservation and preservation of buildings, sites, or
structures having historical, architectural, or cultural interest or value.
SECTION 2. 3S-30.5-104 (IJ, Colorado Revised Statutes, is
amended, and the said 38-30,5-104 is further amended BY THE
ADDITION OF A NEW SUBSECTION, to read:
38-30.5-104. Creation of copservation easements in gross.
(I) A conservation easement in gross ~ay only be created by the record
owners of the surface of the land AND, IF APPLICABLE, OWNERS OF THE
WATER OR WATER RIGHTS BENEFlCIAi.:L'(USED THEREONbya deed or other
instrument of conveyance specifically stating the intention of the grantor
to create such an easement under this ~rticle.

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