From The Pueblo Chieftain (Chris Woodka):
A bill that would allow state engineer approval of water transfers without a court decree for up to 30 years is headed to the state Senate. The state House this week approved the legislation, HB1130. Sen. Angela Giron, D-Pueblo, is listed as the Senate sponsor.
The bill would allow extended operation of interruptible supply agreements. Current law allows for water leases from farms to cities for three years out of 10 on the approval of the state engineer. The agreements cannot be renewed, and would require a water court decree to continue the arrangement beyond the initial 10-year period. The new law would allow the leases to be approved by the state engineer for two additional 10-year periods. Aurora, which is seeking water leases this year to replenish its water storage supply, is pushing the legislation. In 2004-05, Aurora leased water from theRocky Ford High Line Canal, selling part of the lease to Colorado Springs in the second year. Aurora City Council has approved up to $5 million for leases this year.
While Aurora has talked to the Arkansas Valley Super Ditch, they have so far been unable to come to terms. Farmers say Aurora’s offer of $500 per acre-foot is too low because crop prices have improved since a 2010 memorandum of understanding was signed.
Opponents of the legislation say 30 years is too-long a period to lease water without a water court action. Water court provides a forum to determine how an action injures other water rights, which cannot be allowed under the state Constitution. The new law would allow appeals to water court only after agreements were negotiated.
A state-administered substitute water supply plan for a proposed pilot program last year to lease a much smaller amount of water from the Super Ditch to El Paso County cities drew unprecedentedopposition. Several water interests challenged the state engineer’s authority to approve moving water under existing state law without a filing in water court.
More 2013 Colorado legislation coverage here.