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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diversion at allY t,me; DECREED PRIOR TO THE RECORDATION OF ANY

2 CONSERVATION EASEMENTIN GROSS RESTRICTING A TRANSFER OR CHANGE

3 shall be impaired, invalidated, or in any way adversely affected by reason

4 of any provision of this article. No provision of this article shall be

5 construed to mean that conservation easements in gross were not lawful

6 estates in land prior to July 1, 1976. Nothing in this article shall be

7 construed so as to impair the rights qf a public utility, as that term is
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8 defined by section 40-1-103, C,R.S.', with respect to rights-of-way,
9 easements, or other property rights upon which facilities, plants, or

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systems of a public utility are located or are to be located.

ANY

11 CONSERVATION EASEMENT IN GROSS!CONCERNING WATER OR WATER

12 R1GHTS'SHALLBESUBJECTTO THE "WATER RiGHT DETERMINATION AND

I3 ADMINISTRATION ACT OF 1969", AS AMENDED, ARTICLE 92 OF TITLE 37,

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C.R.s., AND ANYDECREEADJUDlCATlNG THE WATER OR WAXER RIGHTS.
SECTION 6. 38-30.5-111, Colorado Revised Statutes, is

16 amended to read:

17 38-30.5-111. Validation. (1) Any conservation easement in
18 gross created on or after July 1, 1976, but before July I, 1985, that would
19 have been valid under this article except for section 38-30,5-104 (3) is
20 valid and shall be a binding, legal, and enforceable obligation.
21 (2) ANY CONSERVATION EASIfMENT IN GROSS AFFECTING
22 WATER RIGHTS CREATED PRIOR TO: THE EFFECTIVE DATE OF THIS
, 23 SUBSECTION (2) SHALL BE A BINDiNG, LEGAL, AND ENFORCEABLE
24 OBLIGATION IF IT COMPLIES WITH THE REQUIREMENTS OF THIS ARTICLE.
25 SECTION 7. Effective date. ,This act shall take effect at 12:01
26 a.m. on the day following the expirat~on of the ninety-day period after

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final adjournment ofthe general assembly that is allowed for submitting

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