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Water:
Instream Flow

Our Position: support
Bill Number: HB1280
Sponsor: Representative Fischer and Senator Schwartz
Legislative Session: 2008

This bill will prevent the Colorado Water Conservation Board from including contracted water rights for instream flow purposes in the water court’s historic consumptive use analysis and it will not be considered an abandonment of the water rights. The board will be required to make sure that the contract isn’t for speculative purposes, to maintain records of how much water it uses each year under the contract, and install a water measuring device.

Status

The bill has been assigned to the House Agriculture, Livestock, & Natural Resources Committee.

02/20/08 Passed Agriculture Committee.

02/25/08 Passed House Second Reading  - Amended

02/27/08 Passed House Third Reading

03/04/08 Introduced in the Senate - Assigned to the Senate Agriculture Committee

03/20/08 Passed by the Senate Agriculture Committee

03/26/08 Passed Senate Second Reading - Amended

03/27/08 Passed Senate Third Reading

04/1/08 House repassed with Senate Amendments

04/09/08 Signed by Speaker of the House

04/09/08 Signed by President of the Senate

04/09/08 Sent to the Governor

Governor Ritter to sign into law on 04/21/08!

Action Needed

Contact Governor Ritter and thank him for his support on HB1280.

Mail
Bill Ritter, Governor
136 State Capitol
Denver, CO 80203-1792

Phone
(303) 866-2471

Fax
(303) 866-2003

Contacting the Governor is easier than ever!

Write to the Governor here 

To see a full copy of the bill as a PDF, go to HB 1280.

Background


The Colorado General Assembly established the Instream Flow and Natural Lake Level Program in 1973. The program allows the Colorado Water Conservation Board ("CWCB") to lease existing consumptive use water rights for instream flow purposes. These instream flow leases have great potential to aid the CWCB's efforts to preserve and improve our streams and rivers.

However, the CWCB has had only very limited success in obtaining instream flow leases. This is because there is a risk under the existing law that such leases could lead to a diminishment or total loss of the original water right. Water rights holders are not willing to lease water to the CWCB if doing so could result in a loss of their water rights. 

- From the Colorado Enviornmental Coalition

With this bill we can help water rights owners confidently lease water to the Colorado Water Conservation Board without the risk of loosing their rights.

     
     

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