Colorado 2017 Regular Session Status: Enacted

HB 17-1190 — Limited Applicability Of St. Jude's Co. Water Case

Last action — Governor Signed

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 17, 2017. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    2 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

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.)

Bill Text

What changed in the latest version

20 added · 24 removed

20 line(s) added, 24 removed.

→
Previous
Latest
First Regular Session Seventy-first General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO.
First Regular Session Seventy-first General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO.
17-0818.01 Jennifer Berman x3286 HOUSE BILL 17-1190 HOUSE SPONSORSHIP Becker K., SENATE SPONSORSHIP Sonnenberg, House Committees Senate Committees Agriculture, Livestock, & Natural Resources A BILL FOR AN ACT C ONCERNING THE LIMITED APPLICABILITY OF THE C OLORADO SUPREMECOURT 'SDECISIONIN ST.JUDE S C O.V.R OARING F ORK C LUB , LLC, 351 P.3d 442 (C OLO .
17-0818.01 Jennifer Berman x3286 HOUSE BILL 17-1190 HOUSE SPONSORSHIP Becker K., SENATE SPONSORSHIP Sonnenberg, House Committees Senate Committees Agriculture, Livestock, & Natural Resources A BILL FOR AN ACT C ONCERNING THE LIMITED APPLICABILITY OF THE COLORADO SUPREMECOURT SDECISIONIN ST.JUDE 'SC O.V .ROARING FORK C LUB, LLC, 351 P.3d 442 (C OLO .
This summary applies to this bill as introduced and does e e notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill a 1 passes third reading in the house of introduction, a bill summary that S U 2 O g l applies to the reengrossed version of this bill will be available at H d p http://leg.colorado.gov.) e A r In the case of St.
This summary applies to this bill as introduced and does notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) In the case of St.
Jude's Co.), the Colorado supreme court held that direct diversions of water from a river to a private ditch for aesthetic, g recreational, and piscatorial purposes on private property, without d 7 impoundment,arenotbeneficialusesofwaterunderColoradowaterlaw.
Jude's Co.), the Colorado supreme court held that direct diversions of water from a river to a private ditch for aesthetic, i recreational, and piscatorial purposes on private property, without a 1 impoundment,arenotbeneficialusesofwaterunderColoradowaterlaw.
E e 0 U R , O n i Shading denotes HOUSE amendment.
S R 2 O n l H 2 p Shading denotes HOUSE amendment.
H d p Capital letters indicate new material to be added to existing statute.
e A Capital letters indicate new material to be added to existing statute.
d A Dashes through the words indicate deletions from existing statute.
e Dashes through the words indicate deletions from existing statute.
e m A The bill provides that the decision in the St.
m A The bill provides that the decision in the St.
⬇ Download PDF
View plain text versions (9)

Amendments

2 amendments

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Governor Signed

  2. Signed by the President of the Senate

  3. Sent to the Governor

  4. Signed by the Speaker of the House

  5. House Considered Senate Amendments - Result was to Concur - Repass

  6. Senate Third Reading Passed - No Amendments

  7. Senate Second Reading Passed with Amendments - Committee

  8. Senate Committee on Agriculture, Natural Resources, & Energy Refer Amended to Senate Committee of the Whole

  9. Introduced In Senate - Assigned to Agriculture, Natural Resources, & Energy

  10. House Third Reading Passed - No Amendments

  11. House Second Reading Special Order - Passed with Amendments - Committee

  12. House Second Reading Laid Over Daily - No Amendments

  13. House Second Reading Laid Over to 04/03/2017 - No Amendments

  14. House Second Reading Laid Over to 03/28/2017 - No Amendments

  15. House Second Reading Laid Over to 03/22/2017 - No Amendments

  16. House Second Reading Laid Over Daily - No Amendments

  17. House Committee on Agriculture, Livestock, & Natural Resources Refer Amended to House Committee of the Whole

  18. Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources

Sponsors

  • Jerry Sonnenberg · Primary
  • KC Becker K. · Primary

Sponsorship breakdown

Export CSV (upgrade) →

2 sponsors · 0 co-sponsors · 100 not signed on · 2 voted No

Sponsors (2)

  • Jerry Sonnenberg
  • KC Becker K.

Co-sponsors (0)

None.

Not signed on (100)

100 members have not signed on to this bill.

Show all 100 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Refer House Bill 17-1190, as amended, to the Committee of the Whole. The motion passed on a vote of 8-5.

Passed 8 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6500
Democrat 2000
Total 8500
% of votes cast 62%38%0%0%
How each member voted (13)
Member Party Vote
Becker J. — Nay
Arndt — Yea
Buck — Nay
Esgar — Yea
Hansen — Yea
Lebsock — Yea
McKean — Nay
Saine — Nay
Willett — Yea
Jaquez Lewis — Nay
Mitsch Bush — Yea
Alex Valdez Democrat Yea
Jessie Danielson Democrat Yea

Adopt amendment L.009. The motion passed on a vote of 6-5.

Passed 6 Yea · 5 Nay
Party YeaNayPresentNot Voting
Democrat 0100
Unaffiliated 6400
Total 6500
% of votes cast 55%45%0%0%
How each member voted (11)
Member Party Vote
Baumgardner — Yea
Cooke — Yea
Coram — Yea
Donovan — Nay
Fields — Nay
Fenberg — Nay
Jones — Nay
Marble — Yea
Scott — Yea
Sonnenberg — Yea
Lorena Garcia Democrat Nay

Subjects

environment agriculture
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 17-1190 do?
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.)
Who sponsors HB 17-1190?
HB 17-1190 is sponsored by Jerry Sonnenberg and KC Becker K..
What is the current status of HB 17-1190?
This bill has been enacted into law. Introduced February 17, 2017. Enacted.
Where can I track HB 17-1190?
Track HB 17-1190 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HB 17-1190

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of HB 17-1190

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →