LEG00248

• Bill Number: HB03-1146
• Year: 2003
• Title: Water Quality Term in Charge Decree
• Legislation - Doc Type: Other CWCB Related Bills - Killed

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Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 37-92-305 (4), Colorado Revised Statutes, IS
amended BY THE ADDITION OF A NEW PARAGRAPH to read:
37-92-305. Standards with respect to rulings ofthe referee and
decisions ofthe water judge. (4) Terms and conditions to prevent
injury as specified in subsection (3) of this section may include:
(e) FORALL CHANGES OF WATE~ RIGHTS FROM USE IN ONE WATER
DIVISION TO ANOTHER WATER DIVISION, LIMITATIONS THAT THE WATER
JUDGE MAY IMPOSE AS NECESSARY TO PROTECTOOWNSTREAMWATER
RIGHTS FROM INJUR Y THAT WOULD RESULT FROM SIGNIFICANT CHANtiES
IN THE QUALlTVOF WATER AVAILABLE TO MEET THE NEEDS FOR WHICH A
DECREED WATER RIGHT OF A DO)VNSTREAM APPROPRIATOR HAS
NORMALLY BEEN USED. HOWEVER, lN EVALUATING WHETHER SUCH
INJURY WOULD RESULT FROM A CHANGE TO W A TER QUALlTY,THE WATER
JUDGE SHALL PRESUME THAT WATEROF A QUALITY SUFFICIENT TO MEET
APPLICABLE WATER QUALITY STANDARDS ESTABLISHED BY THE
COLORADO WATER QUALITY CONTROL COMMISSION IS OF SUFFICIENT
QUALITY TO MEET THENEeDS OF THEDOWNSTREAtvlAPPROPRIATOR, AND
THE BURDEN OF PROOF TO ESTABLlSWOTHERWISE SHALL.BE UI'ON.THE
WATER USER CLAIMING TO BE INJURED.
SECTION 2,37-92-305, Co10~ado Revised Statutes,is amended
BY THE ADDITION OF A NEW SUBSECTION. to read:
37"92-305; Standards with resp.ect to rulings of the referee and
decisions Qfthewater judge. (4.7)THECQURT MAY .cONSlDER
WHETHER A CHANGE OF USE MAY Ji.IKELYRES(JLTlN AN OVERALL
IMPROVEMENT Of WATER QUALlTYIN'I1HE BASIN.
SECTION 3. Applicability. This act shall apply to applications

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