HB16-1109 - Application Of State Water Law To Federal Agencies

Passed/Signed into Law
Concerning Limits That The Basic Tenets Of Colorado Water Law Place On The Ability Of Certain Federal Agencies To Impose Conditions On A Water Right Owner In Exchange For Permission To Use Federal Land.

Section 1 of the bill states basic tenets of Colorado water law concerning water as a transferable property right.

Section 2 specifies that the United States forest service (USFS) or the federal bureau of land management (bureau) shall establish federal water rights in accordance with the federal reserved water rights doctrine or Colorado water law. Section 2 prohibits the state and division engineers from enforcing or administering any USFS or bureau effort that:

  • Requires a full or partial transfer of ownership in a water right to the USFS or the bureau;
  • Restricts the use or alienability of the water right; or
  • Requires a third party that supplies water to a federal special use permit holder to supply the water for a set period of time or in a set amount.

Sections 1 and 2 clarify that the bill does not impact any federal government authority to impose bypass flow requirements in connection with a special use permit or other authorization.

Latest update: April 21, 2016
04/21/2016 Governor Signed
04/11/2016 Sent to the Governor
04/11/2016 Signed by the President of the Senate
04/08/2016 Signed by the Speaker of the House
04/01/2016 Senate Third Reading Passed - No Amendments
03/31/2016 Senate Second Reading Special Order - Passed - No Amendments
03/30/2016 Senate Committee on Agriculture, Natural Resources, & Energy Refer Unamended - Consent Calendar to Senate Committee of the Whole
03/29/2016 Introduced In Senate - Assigned to Agriculture, Natural Resources, & Energy
03/29/2016 House Third Reading Passed - No Amendments
03/28/2016 House Second Reading Passed with Amendments - Floor
03/17/2016 House Second Reading Laid Over to 03/23/2016 - No Amendments
03/07/2016 House Committee on Agriculture, Livestock, & Natural Resources Refer Unamended to House Committee of the Whole
01/20/2016 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources