AB 91 — Revises provisions governing water. (BDR 48-696)
Last action — Approved by the Governor. Chapter 143.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 30, 2023. Enacted.
Signed by Governor Joe Lombardo (Republican) on May 31, 2023.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
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Prognosis
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 R).
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Bill Text
What changed in the latest version
53 added · 60 removed53 line(s) added, 60 removed.
(ReprintedAssembly withBill amendmentsNo. adopted on April 21, 2023) FIRST REPRINT A.B.
9191–Assemblyman ASSEMBLYDeLong BILLCHAPTER.......... NO .
91–ASSEMBLYMAN D EL ONG PREFILED JANUARY 30, 2023 ____________ Referred to Committee on Natural Resources SUMMARY—Revises provisions governing water.
(BDR 48-696) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
LegExistingLegislative lawCounsel’s requiresDigest: a person to submit an application for a permit to change the place of diversion of water already appropriated.
Existing law requires a person to submit an application for a permit to change the place of diversion of water already appropriated.
(1) both the original site of the well and the site of the replacement well are located on property owned by the same person for whom the water has already been appropriated;
and (2) the site ofe the replacement well is located not more than 300 feet from the original place of diversion described on the permit to appropriate water.
(1) expands the exception for a person to sink or bore a replacement well without submitting an application for a permit if both the original site of the well and the sitereplacement ofwell theto replacementbe welllocated areanywhere on public lands;lands or on the property off the the person who holds the permit to appropriate water that is not more than 300 feet from the original place of diversion described on the permit to appropriate water.
and (2) requires the site of the replacement well to be located anywhere on public lands or on the property of from the original place of diversion described on the permit to appropriate water.t This bill further requires a person who is seeking to sink or bore a replacement well on public lands to notify any relevant federal agency that is charged with administering such public lands and to comply with all applicable federal laws.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
- *AB91_R1* – 2 – (a) The original site of the well and the site of the replacement well are on public lands or on property owned by the same person for whom the groundwater has already been appropriated;
If a change to the site of a replacement well meets the requirements of subsection 1, the site of the replacement well must be located anywhere on public lands or on the property of the person who holds the permit to appropriate water that is not more - 82nd Session (2023) – 2 – than 300 feet from the original place of diversion described on the permit to appropriate water.
(a) Record the site of the replacement well in the office of the county recorder of each county in which the water is applied to beneficial use and in each county in which the water is diverted from its natural source;
H~~~~~ 23 - *AB91_R1*82nd Session (2023)
View plain text versions (3)
- Enrolled As Enrolled Current pdf
- Reprint 1 View text pdf
- Introduced As Introduced pdf
Amendments
1 amendmentClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Approved by the Governor. Chapter 143.
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In Assembly. To enrollment. Enrolled and delivered to Governor.
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Read third time. Passed. Title approved. (Yeas: 20, Nays: None, Excused: 1.) To Assembly.
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Taken from General File. Placed on General File for next legislative day.
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Taken from General File. Placed on General File for next legislative day.
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Taken from General File. Placed on General File for next legislative day.
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Read second time.
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From committee: Do pass.
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In Senate. Read first time. Referred to Committee on Natural Resources. To committee.
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From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved. (Yeas: 40, Nays: 2.) To Senate.
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Read second time. Amended. (Amend. No. 491.) To printer.
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From committee: Amend, and do pass as amended.
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Read first time. To committee.
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From printer.
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Prefiled. Referred to Committee on Natural Resources. To printer.
Sponsors
- Rich DeLong · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 66 not signed on
Sponsors (1)
- DeLong, Rich Republican
Co-sponsors (0)
None.
Not signed on (66)
66 members have not signed on to this bill.
Show all 66 →"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.
Subjects
Frequently asked questions
- Who sponsors AB 91?
- AB 91 is sponsored by DeLong, Rich (Republican).
- What is the current status of AB 91?
- This bill has been enacted into law. Introduced January 30, 2023. Enacted.
- Where can I track AB 91?
- Track AB 91 free on One Click Politics — get push/email alerts when it moves.
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