Bill for the appropriation of water Febrary 1979

First Regular Session

LDO NO. 79 1183/1 _{Fifty-second General Assembty SENATE BILL NO.}

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STATE OF COLORADo

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ENATORS

McComn ck and Anderson.

A BILL FOR AN ACT ~-~:.. . - · - ... •J

-AGIICUlTUR£,

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,If.SORGfS I EIWY

CONCERNING

THE

APPROPR

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OF WATER •

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Bi 11 Suumary

(Note: This SUTIITlary applies 1Q. this bill ~introduced and does not necessarily reflect ~ amendments which ~ be

SUbSequently adopt,ed. ) .

-Specifies acts which are not to be considered apP.ropriations

of water, involving cases of speculative sale or transfer of rights to third parties having no connection with the appropriation, and cases in which a purported appropriator has no lawful interest in propertfes to be served by such appropriation nor does he have any governmental or other agency relationship

with the proposed beneficiaries of such appropriation.

2 ~.!!enacted .Qi: the General Assembly !!f_ the State ·of Colorado:

3 SECTION 1. 37-92-103 (3), Colorado Revised Statutes 1973,

4 1 s amended to read:

5 37-92-103. Oef1ni t1ons. (3) •Appropriation• means the 6 application of a certain portion of the waters of the state, 7 WHETHER SURFACE OR UNDERGROUtiO, to a beneficial use; EXCEPT. THAT

8 NO APPROPRIATION OF WATER, EITHER ABSOLUTE OR COHDITIOHAL, SHALL 9 BE HELD TO OCCUR EITHER WHEN THE PURPORTED APPROPRIATION IS BASED 10 UPON THE SPECULATIVE SALE OR TRAfjSfER OF THE APPROPRIATIVE RIGHTS 11 TO PERSOI.S NOT PARTIES TO THE PURPORTED APPROPRIATICit OR WHEN TH£

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1 PURPORTED APPROPRIATOR OF RECORD DOES rmT HAVE EITHER A LEGALLY - /--\ 2 VESTED INTEREST IN THE LANDS OR FACILITIES TO BE SERVEU BY SUCH

3 APPROPRIATIO~ OR IS NOT A GOVERW~EUTAL AGENCY OR AH AGEHT IN FACT

4 FOR THE PERSONS PROPOSED TO BE BEf~EFITELl BY SUCH APPROPRIATION. 5 SECTIOH 2. Safety clau_se. The general assembly hereby 6 finds, determines, and declares that this act is necessary for

7 the immediate preservation of the public peace, health, and 8 safety.

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As of:

PubZished by: THE COLORADO WATER CONGRESS

SENATE BILLS S.B. 69 Anderson

1111 South CoLorado Blvd. #40Z, Denver, CO 80222 Phone: 303-759-9805

CONCERNING THE ADMINISTRATION OF UNDERGROUND WATER - Specifies that all waters of this state,

surface and underground, are subject to

appropri-ation of nontributary groundwater not in designated groundwater basins and requires a permit fro the stpte engineer for diversion or withdrawal of

underground water. Repeals a provision in

conflict with the act.

Feb1'UO.I":f 9, 7,979

Current Status

Sen Ag-r Corrm

S. B. 70

Anderson CONCERNING CRITERIA USED I PREPARI G ATER

House Ag-r Comm

RIGHT TABULATIONS ACCORDING TO SENIORITY - Specifies that designation of a priority to a water right

lawfully enjoyed for at least eighteen years

ac-cording to historic practice does not give such

right a priority senior to its actual date of

initial appropriation nor is it exempted from

regulation and administration in the priority

s~stem. ·

S.B. 75

C

NCERNING CLAIMS ON WATER

MADE

AVAILABLE THROUGH Bouse AgP. Comm

Hatche.r -1 ~ · EATHER MODIFICATION - Requires that any water

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'fr'

~/ made available for use through weather modification

·r / _¢.. shall not be credited to any Colorado interstate

- compact colllllitment but shall be made available solely to the people of the state of Col~rado

and places the burden of proof on a claimant to show such water was not produced through weather-modification. S.B. 104 _Hate

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S.B. 115 Hatcher

l

S.B. 116

Wham

S.B. 118 Wham

CONCERNING MILL LEVY LIMITATIONS ON WATER CONSERVANCY DISTRICTS - Increases the maximum mill levy limitations on water conservancy districts.

CONCERNING EXTENSJON OF PERMfTS TO CONSTRUCT WELLS OUTSIDE DESIGNATED AREAS - Provides that extension of· a pennit to construct a well

outside designated areas shall be based on good cause as to why the well has not been completed and that no additional fee shall be charged for such extension.

RELATING TO THE EVIDENTIARY VALUE OF TABULATIONS

OF

WATER RIGHTS - Provides that tabulations of water rights ·prepared by division engineers are prima facie evidence as to the date of

ad-judication, date of appropriation, and voltnne or amount of water rjghts listed and are conclusive as to water rights determined to have been aban-doned.

CONCERNING APPLICATIONS FOR WEll PERMITS OUT-SIDE DESIGNATED AREAS, AND SPECIFYING THE PROCE-DURE THEREFOR - Establishes a more detailed pro-cedure for issuance of well permits for deep aquifers, including provisions for publication and protests.

AuJai ta Sen 2nd

Reading

House Agr Corrm

Bouse Agr Comm

-2-StNATE BILLS CONTINUED FebruaAr 9 Z979 Soash S.B. 146 Anderson S.B. 148 Soash S. B. 166 Wham S.B. 170 Anderson S.B. 176 Wham S.B. 177 Wham S.B. 226 McCormick _,.,

TIONS AS WATER AUTHORITIES, AND PROVIDING FOR THEIR TAXATION - Makes water authorities public corporations and subjects their property to taxes in the same way as public utilities. CONCERNING GROUNDWATER CONSERVANCY DISTRICTS

-Provides for the establishment of districts to

manage deep aquifer water and to plan and pre~are

for the eventual mining out of such water.

CONCERNING BOND OBLIGATIONS OF SUBDISTRICTS

OF THE COLORADO RIVER WATER CONSERVANCY DISTRICT,

AND PROVIDING FOR THE METHODS OF PAYMENT THEREOF -Authori~es the issuance of obligations of sub~ districts of the Colorado river water conservation

-.dis tr i c t ~ the o b 1 i gat ions... to--Cm+St-i-tu te- 1 i ens- ~ against all taxable property in the subdistrict,

payable by special assessments or general obl i-gations.

CONCERNING APPROVAL BY THE GENERAL ASSEMBLY FOR USE OF THE WATERS OF COLORADO OUTSIDE THE STATE -Requires prior legislative approval for use of . any of the state's waters ~s the vehicle or medium of transportation of another substance out of

this state.

CONCERNING STATE WATER PROJECTS, AND PROVIDING .

AUTHORIZATION AND FUNDING THEREFOR - Provides

that moneys in the severance tax trust fund

shall be available to fund Colorado water devel-opment and conservation projects; authorizes ce r-tain projects; ~nd makes an appropriation to

the Colorado water conservation board to fund authorized projects.

CONCERNING PERMITS TO CONSTRUCT WELLS IN DEEP AQUIFERS - Rewrites present provisions concerning

issuance of well permits for deep aquifer wells, adding criteria defining the aquifer.

CONCERNING CREDIT FOR DIVERSION OF COLORADO

WATERS SUBJECT TO CLAIM OF ENTITLEMENT BY

DOWN-STREAM STATES - Requires that any s tate to w 1ch Colorado water is diverted, not just those dow n-stream on interstate streams, shall provide for credit for the delivery of such water on any

compact or other commitment under which downstream states claim water.

CONCERNING LEGAL SERVICES FOR THE DIVISION OF

/ WATER RESOURCES - Provides for the assignment of assistant solicitors to the division of water

~~~ resources to provide for continuity of legal

Sen. Agr. Corron

Sen. Agr Corron

Sen. Agrs cmnm

Sen Agr/ A[Jp Comm

Sen. Agr Comm

Sen Agr Comm

AWaits Senate Snd

Reading

~~ services in water-related matters.

,..S '. B:;:-.----;.;-:2 5;:-::7.----~C Oi-.:N-:-::C:-;:,E.;.;RN~l~N:-rG~D~I;..;:S-;..Ai-.:P P~R,.;.O,.::;.VA.;..;L~O-:;F-=:C:.;O;.;;N~ST;.:R:7U~C=T =I o=N~I N.-:--~A:---s-=-e-n-:-Ag-r~c=-orrm _ _ _ _

Allshouse DESIGNATED STORM FLOODWATER RUNOFF CHANNEL

OR BASIN - Provides that a planning comrnissions~s disapproval of construction of a building,

structure, or public utility in a storm or flood-water runoff channel or basin designated by the Colorado water conservation board may not be overruled by the body or official having juris

-3-SENATE BILLS CONTINUED February 9, Z97

S.B. 258 CONCERNING STATE CO TRIBUTIONS FOR THE CONSTRUC

L. Fowler TION AND IMPROVEMENT OF PUBLIC POTABLE WATER

FACILITIES, AND KI G A APPROPRIATION T EREFOR

-Establishes a procedure through which

munici-palities may apply to the state for financial

assistance in the construction. alteration, or

expansion of potable water treatment facilities. Provides for auditing and monitoring of such

projects by the division of local govern ent. Requires the department of health to review

designs and specifications. Makes an apporpria -tion to implement the act.

S.B. 261 Soash

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_y S.B. 279 McConnick

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S;B. 325 Anderson HOUSE BILLS H.B. 1050 Davoren -{Q (Y((\~.

PROVIDING FOR THE IMPOSITIDN OF IMPACT PAYMENTS

ON POWER AUTHORITIES & WATER AUTHORITIIS ~

Authorizes centers to collect impact payments

from power and water authorities in lieu of

taxes.

MAKING A SUPPLEMENTAL APPROPRIATIO FOR WA ER

LITIGATION PURPOSES - Makes an appropriation to the division of water resources for legal

and technical assistance and expenses incurred

in protesting numerous applicaitons for water

ri hts.

CONCERNING PROJECTS OF THE COLORADO WATER

CONSERVATION BOARD AND FUNDING THEREOF " Adds

flood control and related recreational fac·lities as projects that may be, constructed by the

C-olorado water -conservation board, specifies a dollar limit for preconstruction expenditures, diverts a percentage of sales and use tax revenues from the general fund to the Colorado water con -servation board construction fund, and authorizes certain projects.

CONCERNING WATER RESOURCES DEVELOPMENT, AND PROVIDING THAT THE SPECIAL RESERVE FUND FOR PROPERTY TAX RELIEF BE CONVERTED THERETO ~ Converts the special reserve fund for property tax relief to water resources develo ent. CONCERNING THE C EDIT AGAINST INCOME TAX BASED ON TAXES ATTRIBUTABLE TO POLLUTION CONTROL PROPERTY .. Provides that the credit against income taxes based on taxes attributable to pollution control property may be based on taxes assessed for a certain year

or

taxes ac-tually paid, at the option of the taxpayer and that a taxpayer may qualify for said credit in more than one taxable year, Also provides that the agencies responsible for implementa-tion of the credit will report to the general assembly concerning the credit,

Cu:!Tent Status Senate Agx> Conm Postponed Indefini -tel-y Aluai ts Sen 2nd Reading Awaits Sen 2nd ReadiYl{J

House Agr/Pin Corrrn

-4-HOUSE BILLS CONTINUED February 9~ l979 Current Status

H.B. 1123 CONCERNING THE EFFECT OF MINING OPERA-;;-:T:;-:I~O':":":NS=--=o':":"N--·-A:-w-a-z--:-.t:-s-E:::-"io

_us_e--:2::-n-::d-Shoemaker WATER RIGHTS - Provides that a permit for mining Reading

operations may be denied by the mined land r

e-H.B. 1127 Li 11 pop ,.; I' H.B. 1176 Younglund H.B. 1177 Jones

\

H.B. 1183 L ill pop H.B. 1187 Younglund H.B. 1201 Younglund

clamation board if such operations would inter-fere with or impair vested rights for the use of

water or water rights of others unless the owner

,) of such rights consents in writing and requires

operators of mining operations not to interfere with or impair such rights without written

consent of the owners.

CONCERNING WEATHER MODIFICATION, AND PROVIDING PENALTIES FOR UNLICENSED AND UNPERMITTED WEATHER

MODIFICATION - Amends the state-weather modi

fica-'1 tion act to provide felony penalties and other

penalties for the unlicensed and unpermitted modification of the weather.

CONCERNING TRIBUTARY WATER - Defines tributary water as that water taking less than ten

years to move a mile.

CONCERNING NONGAME AND THREATENED OR ENDANGERED SPECIES - Provides that plants and insects be

included with wildlife for the purpose of

class-ifying plants and insects as threatened or en-dangered and for the purpose of establishing

management programs for such plants and insects.

Provides that possessing, selling, and transport-ing such plants and insects are misdemeanors.

Provides that management programs be funded from the general fund. Makes conforming

amendments.

CONCERNING AQUIFER RECHARGE AS A BENEFICIAL USE

OF WATER- Specifies that the applicaiton of

water to land is a beneficial use of water.

DEFINING THE TERM "DOMESTIC PURPOSES11 IN REGARD

TO THE CONSTITUTIONAL PREFERENCE FOR USE OF

A1»aits House 2nd

Reading

House Agr Comm

Sen Agr Comm

House Agr Comm

WATER THEREFOR - Deftnes_ "domestic pu1:12Qses11 _~

in regard to the constitutional preference or such use of water therefor, to mean use for

drinking sanitation. bathing, washing of clothes and dishes, and stmilar household uses,

speci-fically ·excluding the irrigation of lawns, gardens,

parks, and other open areas.

CONCERNING THE CONDEMNATION OF WATER RIGHTS BY MUNICIPALITIES - States that no municipality shall condemn water rights for any use other than for domestic purposes, which means use for

drinking, sanitation, bathing, washing of clothes and dishes, and similar household uses,

specifi-cally excluding the irrigation of lawns, gardens,

parks, and other open areas. States that such

domestic purposes shall be given the preference

provided in the state constitution.

House Agr/waat

-5-HOUSE BILLS CONTINUED Feb~d 9 Z979

H.B. 1215 PROVIDING FOR THE CREATION OF A DE VER METRO-Spano POLITAN WATER DISTRICT - Creates the Denver

metropolitan water distr'ct, prov·des for a

governing board and its powers and procedures,

enumerates the powers of the district, provides

for revenue, including authorization of a pro·

perty tax levy to cover bond default and

speci-fies procedures concerning bonds and the incurring H.B. 1220 Hinman H.B. 1258 Younglund H. B. 1272 Hilsmeier H.B. 1279 Li llpop --6 \

y

H.B. 12S9 ./

Sol~

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of debt.

TO ADD A

E

W

ART! LE TO THE C .ARTER OF THE CITY

OF CENTRAL, BEl G "A ACT TO I CORPORATE THE CITY

OF CENTRAL", APPROVED MARCH 11, 1864, AS AMENDED, TO PROVIDE fOR BORRO fNG MONEY AN THE ISSUANCE

OF GENERAL OBLIGATIO AND REVENUE BO OS FOR THE

PURPOSE OF SUPPLYING WATER, FOR THE ISSUANCE OF

SHORT TERM NOTES FOR INTERIM FI A CING FOR SUCH

BONDS AND FOR OTHER MATTERS RELATED TO FINANCING

WATER FACILITIES.- Authorizes Central City, Colo

-rado, to borrow money and issue general obligation

bonds and revenue bonds for the purpose of supplying water, and to issue short tenn notes for interim financing; provides the procedure for issuing such bonds and notes; and provides

for other matters related to financing water facilities in Central City.

CONCERNING APPOINTMENTS OF DIRECTORS OF lATER

CONSERVANCY DISTRICTS - Provides for appointment

of members of the board of directors of water conservancy districts after the original appoin t-ments to be made by the board or boards of county

coiJITlissioners i'n which the district is located.

CONCERNING WATER CONSERVATION - Prohibits the

construction of new hotels, motels, apartment

houses, and dwellings after a certain date which

are equipped with tank-type water closets which use more than an average of three and one-half gallons of water per flush or which are equi~­

ped with plumbing fittings that exceed applicable

standards. Provides test procedures for plumbing fittings. Provides that, if local governments in the most populous counties do not adopt standards

which are equal to or more stringent than the standards stated in this article, this article's standards will govern until the local government

adopts its own standards.

CONCERNING COUNTY MINERAL

LEASE

REVENUE

-Provides that revenues from oil, gas, and mineral leasing of county-owned interests shall be paid into the county general fund.

CONCERNING LEGISLATIVE AUTHORIZATION FOR TRANS-ACTIONS INVOLVING INTERESTS IN LAND AND WATER -UNDERTAKEN FOR WILDLIFE OR OUTDOOR RECREATION PURPOSES - Requires legislative authorization for acquisition, lease, exchange, or sale of land or water or of an interest in land or water by

the wildlife commission and the board of parks and outdoor recreation.

Current Status

Bouse L<Jaal, Govern

-ment Corrrn

Sen waa Z Govern -ment Comn

Bouse Agr/wcal

GoVei7UT1ent Co

Postponed I7idefi

-nitvZy

House weat Govem-ment/Fin Co11'1T1

&Jai ts House 3i'd

HOUSE BILLS CONTINUED. H.8.1308 Burns H.B. 1360 ).., ~-~ - 6-Feb:rua.:!'J 9 ~ •·1' nt Status a.i.ts House 2nr Reu.d-!.n:~