Colorado 2024 Regular Session Status: Enacted Bipartisan · 2 D · 1 R cosponsors

SB 24-197 — Water Conservation Measures

Last action — Governor Signed

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

This bill has been enacted into law. Introduced April 03, 2024. Enacted.

Signed by Governor Jared Polis (Democratic) on May 29, 2024.

Prognosis

Likely to advance 94% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    4 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (2 D · 1 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 3 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

Section 2 of the act allows the owner of a decreed storage water right to loan water to the Colorado water conservation board (board) to preserve or improve the natural environment to a reasonable degree 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 (abandonment exception). 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: 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 water 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 (historical consumptive use protection). If the water right is leased or loaned 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 or loan. To qualify for historical consumption use protection or the abandonment exception, an electric utility that manages all units of a generating station in water division 6 must file with the water division 6 water court an application seeking quantification of historical consumptive use for the absolute direct flow water rights serving the generating station. The application is a claim for a determination of a water right, and the water division 6 water court has jurisdiction to determine the historical consumptive use for the absolute direct flow water rights serving the generating station. 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 8 requires 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. APPROVED by Governor May 29, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

Bill Text

What changed in the latest version

73 added · 67 removed

Plain-language change summary

The amended bill includes the removal of references to amendments adopted on second reading, updating the context to reflect the changes that have occurred since that time. It also clarifies that a specified stream reach for which the board does not hold a decreed instream flow water right is part of the context for establishing agricultural water rights. These changes are significant because they streamline the process of referencing the current version of the law while focusing on the agricultural water protection definitions and procedures related to the state engineer's rules and the Colorado water conservation board’s guidelines.

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Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO.
Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO.
24-0539.02 Sarah Lozano x3858 SENATE BILL 24-197 SENATE SPONSORSHIP Roberts and Will, HOUSE SPONSORSHIP McCluskie, Senate Committees House Committees Agriculture & Natural Resources A BILL FOR AN ACT C ONCERNING MEASURES FOR THE CONSERVATION OF WATER IN THE STATE ,AND ,IN CONNECTION THEREWITH ,IMPLEMENTING THE PROPOSALS OF THE C OLORADO RIVER DROUGHT TASK FORCE .
24-0539.02 Sarah Lozano x3858 SENATE BILL 24-197 SENATE SPONSORSHIP Roberts and Will, Bridges, Exum, Fenberg, Fields, Gardner, Gonzales, Hansen, Jaquez Lewis,Kirkmeyer,Lundeen,Marchman,MichaelsonJenet,PeltonB.,PeltonR.,Priola,Rich, Rodriguez, Simpson, Sullivan, Van Winkle, Winter F.
HOUSE SPONSORSHIP McCluskie, Senate Committees House Committees Agriculture & Natural Resources A BILL FOR AN ACT C ONCERNING MEASURES FOR THE CONSERVATION OF WATER IN THE STATE ,AND ,IN CONNECTION THEREWITH ,IMPLEMENTING THE PROPOSALS OF THE C OLORADO RIVER DROUGHT TASK FORCE .
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.) 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 astreamreachforwhichtheboarddoesnotholdadecreedinstreamflow g water right.
This summary applies to this bill as introduced and does n d 4 notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill E e 0 passes third reading in the house of introduction, a bill summary that T d , N 3 1 applies to the reengrossed version of this bill will be available at S e r http://leg.colorado.gov.) n A e A 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 astreamreachforwhichtheboarddoesnotholdadecreedinstreamflow i water right.
d e 2 Current law requires the board to establish an agricultural water T R 2 A n 5 Shading denotes HOUSE amendment.
a 4 Current law requires the board to establish an agricultural water R 0 T d , N 2 1 Shading denotes HOUSE amendment.
E d i Capital letters or bold & italic numbers indicate new material to be added to existing law.
S e r Capital letters or bold & italic numbers indicate new material to be added to existing law.n Ap Dashes through the words or numbers indicate deletions from existing law.
Dashes through the words or numbers indicate deletions from existing law.
e A protectionprogramforwaterdivisions1and2.Section3changescurrent law by requiring the board to establish an agricultural water protection program in each water division.
e A A protectionprogramforwaterdivisions1and2.Section3changescurrent law by requiring the board to establish an agricultural water protection program in each water division.
(II) TEAPPLICATIONDESCRIBEDINSUBSECTION (3)(f)(OFTHIS SECTION IS A CLAIM FOR A DETERMINATION OF A WATER RI,AND THE DIVISION 6 WATER COURT HAS JURISDICTION TO DETERMINE THE HISTORICAL CONSUMPTIVE USE FOR THE ABSOLUTE DIRECT FLOW WATER RIGHTS SERVING THE GENERATING STATION IN ACCORDANCE WITH THIS -8- 197 SECTIONUSINGTHESTANDARDSANDPROCEDURESSETFORTHINSECTIONS 37-92-302,37-92-303,AND 37-92-304AND THIS SECTION, INCLUDING STANDARDS AND PROCEDURES RELATED TO NOTICE AND PARTICIPATION OFOPPOSERS ;EXCEPT THAT ACHANGE OFWATERRIGHT ISNOT REQUIRED AS A PREREQUISITE FOR THE QUANTIFICATION OF THE HISTORICAL CONSUMPTIVE USE BY THE DIVISION6 WATER COURT .
(II) TEAPPLICATIONDESCRIBEDINSUBSECTION (3)(f)(OFTHIS SECTION IS A CLAIM FOR A DETERMINATION OF A WATER RI,AND THE DIVISION 6 WATER COURT HAS JURISDICTION TO DETERMINE THE HISTORICAL CONSUMPTIVE USE FOR THE ABSOLUTE DIRECT FLOW WATER RIGHTS SERVING THE GENERATING STATION IN ACCORDANCE WITH THIS -8- 197 SECTIONUSINGTHESTANDARDSANDPROCEDURESSETFORTHINSECTIONS 37-92-302,37-92-303,AND 37-92-304 AND THIS SECTION,INCLUDING STANDARDS AND PROCEDURES RELATED TO NOTICE AND PARTICIPATION OFOPPOSERS ;EXCEPT THAT ACHANGE OFWATERRIGHT ISNOT REQUIRED AS A PREREQUISITE FOR THE QUANTIFICATION OF THE HISTORICAL CONSUMPTIVE USE BY THE DIVISION6WATER COURT .
(III) TE QUANTIFICATIONOFTHEHISTORICALCONSUMPTIVEUSE BY THE DIVISION6WATER COURT DESCRIBED IN THIS SUBSECTION(3)(f) MAY BE USED IN A PROCEEDING TO CHANGE THE WATER RIGHT IF AND ONLY IF THE WATER RIGHT SUBJECT TO THE CHANGE WILL NOT BE DIVERTED TO ANY LOCATION EAST OF THE CONTINENTAL DIVID.
(III) TE QUANTIFICATIONOFTHEHISTORICALCONSUMPTIVEUSE BY THE DIVISION6WATER COURT DESCRIBED IN THIS SUBSECTION(3)(f) MAY BE USED IN A PROCEEDING TO CHANGE THE WATER RIGHT IF AND ONLY IF THE WATER RIGHT SUBJECT TO THE CHANGE WILL NOT BE DIVERTED TO ANY LOCATION EAST OFTHE CONTINENTAL DIVIDE OR SOLD FOR USE OUTSIDE OF THE STATE CFOLORADO .
A water right decreed in water division 3, 4, 5, 6, or 7 is not eligible for a change in water righttoanagriculturalwaterprotectionwaterright.ed in this section,an"agriculturalwaterprotectionwaterright"meansawaterright decreedtoallowthelease,loan,ortradeofuptofiftypercentofthewater subject to the water right.
A water right decreed in water division 3, 4, 5, 6, or 7 is not eligible for a change in waterrighttoanagriculturalwaterprotection water right.inthis section,an"agriculturalwaterprotectionwaterright"meansawaterright decreedtoallowthelease,loan,ortradeofuptofiftypercentofthewater -9- 197 subject to the water right.
-9- 197 (c) As used in this subsection (19), an "eligible entity" means an entity in water division 1 or 2 SECTION 7.
(c) As used in this subsection (19), an "eligible entity" means an entity in water division 1 or 2 SECTION 7.
(a) After a person has obtained a decreed agricultural water protection water right pursuant to section 37-92-305 (19),whichwaterrightisavailableonlyin water division 1 or 2,thepersonmayapplyforasubstitutewatersupplyplanpursuanttothis subsection (12).
(a) After a person has obtained a decreed agricultural water protection water right pursuant to section 37-92-305(19),whichwater right is available onlyin waterdivision1or 2,thepersonmayapplyforasubstitutewatersupplyplanpursuanttothis subsection (12).
This act takes effect at 12:01 a.m.
This act -10- 197 takes effect at 12:01 a.m.
on the day following the expiration of the -10- 197 ninety-dayperiodafterfinaladjournmentofthegeneralassembly;except that, if a referendumpetition is filed pursuanttosection 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved bythe people at the general election to be held in November 2024 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
on the day following the expiration of the ninety-dayperiodafterfinaladjournmentofthegeneralassembly;except that, if a referendumpetition is filed pursuant to section 1 (3)of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2024 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
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Amendments

1 amendment

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Action History

  1. Governor Signed

  2. Signed by the Speaker of the House

  3. Signed by the President of the Senate

  4. Sent to the Governor

  5. House Third Reading Passed - No Amendments

  6. House Second Reading Special Order - Passed - No Amendments

  7. House Second Reading Laid Over Daily - No Amendments

  8. House Committee on Agriculture, Water & Natural Resources Refer Unamended to House Committee of the Whole

  9. Senate Third Reading Passed with Amendments - Floor

  10. Introduced In House - Assigned to Agriculture, Water & Natural Resources

  11. Senate Third Reading Laid Over to 04/17/2024 - No Amendments

  12. Senate Second Reading Passed with Amendments - Committee, Floor

  13. Senate Committee on Agriculture & Natural Resources Refer Amended to Senate Committee of the Whole

  14. Introduced In Senate - Assigned to Agriculture & Natural Resources

Sponsors

Sponsorship breakdown

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4 sponsors · 0 co-sponsors · 98 not signed on

Sponsors (4)

Co-sponsors (0)

None.

Not signed on (98)

98 members have not signed on to this bill.

Show all 98 →

"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

BILL

Passed 63 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 35000
Unaffiliated 15002
Republican 13000
Total 63002
% of votes cast 97%0%0%3%
How each member voted (65)
Member Party Vote
Armagost — Yea
Bird — Yea
Bockenfeld — Not Voting
Epps — Yea
Evans — Yea
Hernandez — Yea
Herod — Yea
Holtorf — Yea
Lynch — Yea
Marvin — Yea
McLachlan — Yea
Ortiz — Not Voting
Parenti — Yea
Pugliese — Yea
Vigil — Yea
Young — Yea
deGruy Kennedy — Yea
Alex Valdez Democrat Yea
Andrew Boesenecker Democrat Yea
Bob Marshall Democrat Yea
Brianna Titone Democrat Yea
Cathy Kipp Democrat Yea
Chad Clifford Democrat Yea
Eliza Hamrick Democrat Yea
Elizabeth Velasco Democrat Yea
Emily Sirota Democrat Yea
Iman Jodeh Democrat Yea
Javier Mabrey Democrat Yea
Jennifer Bacon Democrat Yea
Jenny Willford Democrat Yea
Judy Amabile Democrat Yea
Julie McCluskie Democrat Yea
Junie Joseph Democrat Yea
Karen McCormick Democrat Yea
Kyle Brown Democrat Yea
Lindsey Daugherty Democrat Yea
Lorena Garcia Democrat Yea
Mandy Lindsay Democrat Yea
Manny Rutinel Democrat Yea
Marc Snyder Democrat Yea
Matthew Martinez Democrat Yea
Meg Froelich Democrat Yea
Meghan Lukens Democrat Yea
Mike Weissman Democrat Yea
Monica Duran Democrat Yea
Naquetta Ricks Democrat Yea
Regina English Democrat Yea
Sheila Lieder Democrat Yea
Steven Woodrow Democrat Yea
Tammy Story Democrat Yea
Tisha Mauro Democrat Yea
William Lindstedt Democrat Yea
Anthony Hartsook Republican Yea
Brandi Bradley Republican Yea
Ken DeGraaf Republican Yea
Lisa Frizell Republican Yea
Lynda Zamora Wilson Republican Yea
Marc Catlin Republican Yea
Mary Bradfield Republican Yea
Matt Soper Republican Yea
Rick Taggart Republican Yea
Ron Weinberg Republican Yea
Scott Bottoms Republican Yea
Stephanie Luck Republican Yea
Ty Winter Republican Yea

BILL

Passed 34 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 7000
Democrat 14000
Unaffiliated 13001
Total 34001
% of votes cast 97%0%0%3%
How each member voted (35)
Member Party Vote
Buckner — Not Voting
Fields — Yea
Gardner — Yea
Ginal — Yea
Hansen — Yea
Lundeen — Yea
Priola — Yea
Smallwood — Yea
Will — Yea
Zenzinger — Yea
Fenberg — Yea
Jaquez Lewis — Yea
Van Winkle — Yea
Winter F. — Yea
Chris Kolker Democrat Yea
Dafna Michaelson Jenet Democrat Yea
Dylan Roberts Democrat Yea
James Coleman Democrat Yea
Janice Marchman Democrat Yea
Jeff Bridges Democrat Yea
Jessie Danielson Democrat Yea
Julie Gonzales Democrat Yea
Kyle Mullica Democrat Yea
Lisa Cutter Democrat Yea
Nick Hinrichsen Democrat Yea
Robert Rodriguez Democrat Yea
Tom Sullivan Democrat Yea
Tony Exum Democrat Yea
Barbara Kirkmeyer Republican Yea
Byron Pelton Republican Yea
Cleave Simpson Republican Yea
Janice Rich Republican Yea
Larry Liston Republican Yea
Mark Baisley Republican Yea
Rod Pelton Republican Yea

AMEND

Passed 34 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 7000
Democrat 14000
Unaffiliated 13001
Total 34001
% of votes cast 97%0%0%3%
How each member voted (35)
Member Party Vote
Buckner — Not Voting
Fields — Yea
Gardner — Yea
Ginal — Yea
Hansen — Yea
Lundeen — Yea
Priola — Yea
Smallwood — Yea
Will — Yea
Zenzinger — Yea
Fenberg — Yea
Jaquez Lewis — Yea
Van Winkle — Yea
Winter F. — Yea
Chris Kolker Democrat Yea
Dafna Michaelson Jenet Democrat Yea
Dylan Roberts Democrat Yea
James Coleman Democrat Yea
Janice Marchman Democrat Yea
Jeff Bridges Democrat Yea
Jessie Danielson Democrat Yea
Julie Gonzales Democrat Yea
Kyle Mullica Democrat Yea
Lisa Cutter Democrat Yea
Nick Hinrichsen Democrat Yea
Robert Rodriguez Democrat Yea
Tom Sullivan Democrat Yea
Tony Exum Democrat Yea
Barbara Kirkmeyer Republican Yea
Byron Pelton Republican Yea
Cleave Simpson Republican Yea
Janice Rich Republican Yea
Larry Liston Republican Yea
Mark Baisley Republican Yea
Rod Pelton Republican Yea

Subjects

environment agriculture energy
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Frequently asked questions

What does SB 24-197 do?
Section 2 of the act allows the owner of a decreed storage water right to loan water to the Colorado water conservation board (board) to preserve or improve the natural environment to a reasonable degree 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 (abandonment exception). 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: 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 water 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 (historical consumptive use protection). If the water right is leased or loaned 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 or loan. To qualify for historical consumption use protection or the abandonment exception, an electric utility that manages all units of a generating station in water division 6 must file with the water division 6 water court an application seeking quantification of historical consumptive use for the absolute direct flow water rights serving the generating station. The application is a claim for a determination of a water right, and the water division 6 water court has jurisdiction to determine the historical consumptive use for the absolute direct flow water rights serving the generating station. 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 8 requires 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. APPROVED by Governor May 29, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
Who sponsors SB 24-197?
SB 24-197 is sponsored by Dylan Roberts (Democrat), Perry Will, Julie McCluskie (Democrat), and Marc Catlin (Republican).
What is the current status of SB 24-197?
This bill has been enacted into law. Introduced April 03, 2024. Enacted.
Where can I track SB 24-197?
Track SB 24-197 free on One Click Politics — get push/email alerts when it moves.

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