Amendments for SB24-197
Senate Journal, April 11
After consideration on the merits, the Committee recommends that SB24-197 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 3, strike line 27.
Page 4, line 4, strike "2023-24" and substitute "2024-25".
Page 4, strike line 5 and substitute "year; and
(f) The protections provided to electric utility water rights in sections
4, 5, and 6 of the bill are for the benefit of the entire Yampa river basin water
resources, in particular during low-flow conditions that have resulted in the
administration of a call on the Yampa river in recent years. The nondiversion
or nonuse will provide a benefit to all water use sectors, balancing multiple
beneficial uses of water on the Yampa river system.".
Page 6, line 4, strike "DURING" and substitute "SUBJECT TO SECTION 37-92-305
(3)(f), DURING".
Page 7, line 8, strike "(3)(c)(I) and (3)(c)(II)(D);" and substitute "(3)(c)(I),
(3)(c)(II)(D), (19)(a)(I), and (19)(c) introductory portion;" and after "(3)(c)(III)"
insert "and (3)(f)".
Page 7, line 21, strike "THE" and substitute "SUBJECT TO SUBSECTION (3)(f) OF
THIS SECTION, THE".
Page 7, line 25, after "LEASED" insert "OR LOANED".
Page 8, line 1, strike "LEASE." and substitute "LEASE OR LOAN.".
Page 8, after line 1 insert:
"(f) (I) TO QUALIFY FOR HISTORICAL CONSUMPTIVE USE PROTECTION
PURSUANT TO SUBSECTION (3)(c)(III) OF THIS SECTION OR TO QUALIFY FOR THE
EXCEPTION TO ABANDONMENT PURSUANT TO SECTION 37-92-103 (2)(c), AN
ELECTRIC UTILITY THAT MANAGES ALL UNITS OF A GENERATING STATION IN
DIVISION 6 SHALL, FOR ITSELF AND ON BEHALF OF THE OTHER OWNERS OF THE
GENERATING STATION, FILE WITH THE DIVISION 6 WATER COURT AN
APPLICATION SEEKING QUANTIFICATION OF THE HISTORICAL CONSUMPTIVE USE
FOR THE ABSOLUTE DIRECT FLOW WATER RIGHTS SERVING THE GENERATING
STATION. THE APPLICATION MUST BE FILED WITH THE DIVISION 6 WATER COURT
WITHIN ONE YEAR AFTER THE DATE THAT THE FINAL UNIT OF THE GENERATING
STATION IS TAKEN OFFLINE.
(II) THE APPLICATION DESCRIBED IN SUBSECTION (3)(f)(I) OF THIS
SECTION IS A CLAIM FOR A DETERMINATION OF A WATER RIGHT, AND THE
DIVISION 6 WATER COURT HAS JURISDICTION TO DETERMINE THE HISTORICAL
CONSUMPTIVE USE FOR THE ABSOLUTE DIRECT FLOW WATER RIGHTS SERVING
THE GENERATING STATION IN ACCORDANCE WITH THIS SECTION USING THE
STANDARDS AND PROCEDURES SET FORTH IN SECTIONS 37-92-302, 37-92-303,
AND 37-92-304 AND THIS SECTION, INCLUDING STANDARDS AND PROCEDURES
RELATED TO NOTICE AND PARTICIPATION OF OPPOSERS; EXCEPT THAT A CHANGE
OF WATER RIGHT IS NOT REQUIRED AS A PREREQUISITE FOR THE QUANTIFICATION
OF THE HISTORICAL CONSUMPTIVE USE BY THE DIVISION 6 WATER COURT. IF THE
DIVISION 6 WATER COURT ENTERS A DECREE QUANTIFYING THE HISTORICAL
CONSUMPTIVE USE, SUBSECTION (3)(e) of this section applies to the absolute
direct flow water rights.
(19) Agricultural water protection - definitions. (a) (I) After the
state engineer's proposed rules promulgated under section 37-80-123 are
reviewed and finalized pursuant to section 37-80-123 (1)(c) and after the
Colorado water conservation board has finalized the criteria and guidelines
developed pursuant to section 37-60-133, the owner of an absolute decreed
irrigation water right in water division 1 or 2 used for agricultural purposes may
apply in water court to change the use of the water right to an agricultural water
protection water right. A water right decreed in water division 3, 4, 5, 6, or 7 is
not eligible for a change in water right to an agricultural water protection water
right. As used in this section, an "agricultural water protection water right"
means a water right decreed to allow the lease, loan, or trade of up to fifty
percent of the water subject to the water right.
(c) As used in this subsection (19), an "eligible entity" means an entity
in water division 1 or 2 that:
SECTION 7. In Colorado Revised Statutes, 37-92-308, amend (12)(a)
as follows:
37-92-308. Substitute water supply plans - special procedures for
review - water adjudication cash fund - legislative declaration.
(12) Agricultural water protection. (a) After a person has obtained a decreed
agricultural water protection water right pursuant to section 37-92-305 (19),
which water right is available only in water division 1 or 2, the person may
apply for a substitute water supply plan pursuant to this subsection (12).".
Renumber succeeding sections accordingly.
Agriculture &
Natural
Resources
Senate Journal, April 15
SB24-197 by Senator(s) Roberts and Will; also Representative(s) McCluskie--Concerning measures
for the conservation of water in the state, and, in connection therewith, implementing the
proposals of the Colorado river drought task force.
Agriculture & Natural Resources
Amendment No. 1, Agriculture & Natural Resources Committee Amendment.
(Printed in Senate Journal, April 15, page(s) 808-809 and placed in members' bill files.)
Amendment No. 2(L.005), by Senator Roberts.
Amend the Agriculture and Natural Resources Committee Report, dated April
10, 2024, page 2, after line 26 insert:
"(III) THE QUANTIFICATION OF THE HISTORICAL CONSUMPTIVE USE BY
THE DIVISION 6 WATER COURT DESCRIBED IN THIS SUBSECTION (3)(f) MAY BE
USED IN A PROCEEDING TO CHANGE THE WATER RIGHT IF AND ONLY IF THE
WATER RIGHT SUBJECT TO THE CHANGE WILL NOT BE DIVERTED TO ANY
LOCATION EAST OF THE CONTINENTAL DIVIDE.".
Amendment No. 3(L.004), by Senator Simpson.
Amend printed bill, page 8, line 14, strike "MAY" and substitute "SHALL".
As amended, ordered engrossed and placed on the calendar for third reading and final
passage.
Senate Journal, April 17
SB24-197 by Senator(s) Roberts and Will; also Representative(s) McCluskie--Concerning measures
for the conservation of water in the state, and, in connection therewith, implementing the
proposals of the Colorado river drought task force.
A majority of those elected to the Senate having voted in the affirmative, Senator Roberts
was given permission to offer a third reading amendment.
Third Reading Amendment No. 1(L.006) , by Senator Roberts.
Amend engrossed bill, page 9, line 14, strike "DIVIDE." and substitute "DIVIDE
OR SOLD FOR USE OUTSIDE OF THE STATE OF COLORADO.".
The amendment was passed on the following roll call vote:
YES 34 NO 0 EXCUSED 1 ABSENT 0
Baisley Y Ginal Y Marchman Y Simpson Y
Bridges Y Gonzales Y Michaelson Y Smallwood Y
Buckner E Hansen Y Mullica Y Sullivan Y
Coleman Y Hinrichsen Y Pelton B. Y Van Winkle Y
Cutter Y Jaquez Y Pelton R. Y Will Y
Danielson Y Kirkmeyer Y Priola Y Winter F. Y
Exum Y Kolker Y Rich Y Zenzinger Y
Fields Y Liston Y Roberts Y President Y
Gardner Y Lundeen Y Rodriguez Y
The question being "Shall the bill, as amended, pass?", the roll call was taken with the
following result:
YES 34 NO 0 EXCUSED 1 ABSENT 0
Baisley Y Ginal Y Marchman Y Simpson Y
Bridges Y Gonzales Y Michaelson Y Smallwood Y
Buckner E Hansen Y Mullica Y Sullivan Y
Coleman Y Hinrichsen Y Pelton B. Y Van Winkle Y
Cutter Y Jaquez Y Pelton R. Y Will Y
Danielson Y Kirkmeyer Y Priola Y Winter F. Y
Exum Y Kolker Y Rich Y Zenzinger Y
Fields Y Liston Y Roberts Y President Y
Gardner Y Lundeen Y Rodriguez Y