Section 2 of the bill allows the owner of a decreed storage water
right to loan water to the Colorado water conservation board (board) for a stream reach for which the board does not hold a decreed instream flow water right.
Current law requires the board to establish an agricultural water protection program for water divisions 1 and 2. Section 3 changes current law by requiring the board to establish an agricultural water protection program in each water division.
Current law allows periods of nonuse of a water right to be tolled
in certain circumstances for the purposes of determining whether a water right is abandoned. Section 4 changes current law by allowing a water right to be tolled for the duration that an electric utility that owns a water right in water division 6 decreases use of, or does not use, the water right if the decrease in use or nonuse occurs during the period beginning January 1, 2020, and ending December 31, 2050, and if the water right is owned by the electric utility since January 1, 2019.
Current law requires an owner of a conditional water right to
obtain a finding of reasonable diligence or the conditional water right is considered abandoned. Section 5 allows the water judge, in considering a finding of reasonable diligence for a conditional water right that is owned by an electric utility in water division 6 since January 2019, to consider the following as supporting evidence:
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The conditional water right may be used to support a specific project or potential future generation technologies or concepts that have the potential to advance progress toward Colorado's clean energy and greenhouse gas emission reduction goals; and
•
The electric utility or another entity has made efforts to investigate or research the viability of future generation technologies that have the potential to advance progress toward Colorado's clean energy and greenhouse gas emission reduction goals.
In determining the amount of historical consumptive use for a
water right, a water judge is prohibited from considering certain specified uses. Section 6 prohibits the water judge from considering the decrease in use or nonuse of a water right owned by an electric utility in division 6 since January 1, 2019, which decrease in use or nonuse occurs during the period beginning January 1, 2019, and ending December 31, 2050, in determining the amount of historical consumptive use. If the water right is leased by the electric utility to a third party, the water right is not entitled to historical consumptive use protection for the period the water right is subject to the lease.
Current law allows the board to approve certain grants related to
water conservation and requires the board to establish criteria to require the grant applicant to provide matching funds of at least 25%. Section 7 allows the board to reduce or waive fund matching requirements in the case of a grant to the Ute Mountain Ute Tribe or the Southern Ute Indian Tribe. 1
