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.