Colorado Senate Bill 197
Session 2024A
Water Conservation Measures
Became Law
Signed by Governor on May 29, 2024
Sponsors
4 Sponsors
Dylan Roberts
Perry Will
Julie McCluskie
Marc Catlin
First Action
Apr 3, 2024
Latest Action
May 29, 2024
Origin Chamber
Senate
Type
Bill
Bill Number
197
State
Colorado
Session
2024A
Motion Text
AMEND
Senate Roll Call Votes
Yes
Yes
Yes
Yes
Yes
Excused
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Summary
Section 2 of the act allows the owner of a decreed storage water right to loan water to the Colorado water conservation board (board) to preserve or improve the natural environment to a reasonable degree for a stream reach for which the board does not hold a decreed instream flow water right.
Current law requires the board to establish an agricultural water protection program for water divisions 1 and 2. Section 3 changes current law by requiring the board to establish an agricultural water protection program in each water division.
Current law allows periods of nonuse of a water right to be tolled in certain circumstances for the purposes of determining whether a water right is abandoned. Section 4 changes current law by allowing a water right to be tolled for the duration that an electric utility that owns a water right in water division 6 decreases use of, or does not use, the water right if the decrease in use or nonuse occurs during the period beginning January 1, 2020, and ending December 31, 2050, and if the water right is owned by the electric utility since January 1, 2019 (abandonment exception).
Current law requires an owner of a conditional water right to obtain a finding of reasonable diligence or the conditional water right is considered abandoned. Section 5 allows the water judge, in considering a finding of reasonable diligence for a conditional water right that is owned by an electric utility in water division 6 since January 2019, to consider the following as supporting evidence:
The conditional water right may be used to support a specific project or potential future generation technologies or concepts that have the potential to advance progress toward Colorado's clean energy and greenhouse gas emission reduction goals; and
The electric utility or another entity has made efforts to investigate or research the viability of future generation technologies that have the potential to advance progress toward Colorado's clean energy and greenhouse gas emission reduction goals.
In determining the amount of historical consumptive use for a water right, a water judge is prohibited from considering certain specified uses. Section 6 prohibits the water judge from considering the decrease in use or nonuse of a water right owned by an electric utility in water division 6 since January 1, 2019, which decrease in use or nonuse occurs during the period beginning January 1, 2019, and ending December 31, 2050, in determining the amount of historical consumptive use (historical consumptive use protection). If the water right is leased or loaned by the electric utility to a third party, the water right is not entitled to historical consumptive use protection for the period the water right is subject to the lease or loan. To qualify for historical consumption use protection or the abandonment exception, an electric utility that manages all units of a generating station in water division 6 must file with the water division 6 water court an application seeking quantification of historical consumptive use for the absolute direct flow water rights serving the generating station. The application is a claim for a determination of a water right, and the water division 6 water court has jurisdiction to determine the historical consumptive use for the absolute direct flow water rights serving the generating station.
Current law allows the board to approve certain grants related to water conservation and requires the board to establish criteria to require the grant applicant to provide matching funds of at least 25%. Section 8 requires the board to reduce or waive fund matching requirements in the case of a grant to the Ute Mountain Ute Tribe or the Southern Ute Indian Tribe.
APPROVED by Governor May 29, 2024
EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
Signed Act (05/29/2024)
Final Act (05/08/2024)
Rerevised (05/03/2024)
Revised (05/02/2024)
Reengrossed (04/17/2024)
Engrossed (04/15/2024)
Introduced (04/03/2024)
PA1 (04/11/2024)
Committee Amendment
Fiscal Note FN2 (07/01/2024)
Fiscal Note FN1 (04/08/2024)
Sort by most recent
05/29/2024
Office of the Governor
Governor Signed
05/08/2024
Office of the Governor
Sent to the Governor
05/08/2024
Senate
Signed by the President of the Senate
05/08/2024
House
Signed by the Speaker of the House
05/03/2024
House
House Third Reading Passed - No Amendments
05/02/2024
House
House Second Reading Special Order - Passed - No Amendments
04/25/2024
House
House Second Reading Laid Over Daily - No Amendments
04/22/2024
House
House Committee on Agriculture, Water & Natural Resources Refer Unamended to House Committee of the Whole
04/17/2024
House
Introduced In House - Assigned to Agriculture, Water & Natural Resources
04/17/2024
Senate
Senate Third Reading Passed with Amendments - Floor
04/16/2024
Senate
Senate Third Reading Laid Over to 04/17/2024 - No Amendments
04/15/2024
Senate
Senate Second Reading Passed with Amendments - Committee, Floor
04/10/2024
Senate
Senate Committee on Agriculture & Natural Resources Refer Amended to Senate Committee of the Whole
04/03/2024
Senate
Introduced In Senate - Assigned to Agriculture & Natural Resources
Sources
CO Legislature
Record Created
Apr 5, 2024 7:11:46 PM
Record Updated
Jul 1, 2024 11:35:49 PM