HB17-1190

HB17-1190 - Limited Applicability Of St. Jude's Co. Water Case

Passed/Signed into Law
Concerning the limited applicability of the Colorado supreme court's decision in St. Jude's Co. v. Roaring Fork Club, LLC, 351 P.3d 442 (Colo. 2015).

In the case of St. Jude's Co. v. Roaring Fork Club, LLC, 351 P.3d 442 (Colo. 2015) ( St. Jude's Co. ), the Colorado supreme court held that direct diversions of water from a river to a private ditch for aesthetic, recreational, and piscatorial purposes on private property, without impoundment, are not beneficial uses of water under Colorado water law.

The bill provides that the decision in the St. Jude's Co. case interpreting section 37-92-103 (4) does not apply to previously decreed absolute and conditional water rights or claims pending as of July 15, 2015. The interpretation of section 37-92-103 (4) in St. Jude's Co. applies only to direct-flow appropriations, without storage, filed after July 15, 2015, for water diverted from a surface stream or tributary groundwater by a private entity for private aesthetic, recreational, and piscatorial purposes.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

 

Latest update: May 25, 2017
05/25/2017 - Governor Signed
05/18/2017 - Sent to the Governor
05/18/2017 - Signed by the President of the Senate
05/17/2017 - Signed by the Speaker of the House
04/27/2017 - House Considered Senate Amendments - Result was to Concur - Repass
04/26/2017 - Senate Third Reading Passed - No Amendments
04/25/2017 - Senate Second Reading Passed with Amendments - Committee
04/20/2017 - Senate Committee on Agriculture, Natural Resources, & Energy Refer Amended to Senate Committee of the Whole
04/07/2017 - Introduced In Senate - Assigned to Agriculture, Natural Resources, & Energy
04/05/2017 - House Third Reading Passed - No Amendments
04/04/2017 - House Second Reading Special Order - Passed with Amendments - Committee
04/03/2017 - House Second Reading Laid Over Daily - No Amendments
03/28/2017 - House Second Reading Laid Over to 04/03/2017 - No Amendments
03/22/2017 - House Second Reading Laid Over to 03/28/2017 - No Amendments
03/17/2017 - House Second Reading Laid Over to 03/22/2017 - No Amendments
03/16/2017 - House Second Reading Laid Over Daily - No Amendments
03/13/2017 - House Committee on Agriculture, Livestock, & Natural Resources Refer Amended to House Committee of the Whole
02/17/2017 - Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources