2013 Colorado legislation: HB13-1130, sans the thirty year term, passes the Senate Ag committee #COleg

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From The Pueblo Chieftain (Chris Woodka):

A watered-down version of a controversial bill that would expand state authority to approve water leases is making its way through the Legislature. The legislation, HB1130, was approved this week by the Senate agriculture committee. It would alter the state’s interruptible water supply statute. The statute now allows temporary transfers of water from farms to cities with approval from the state engineer for three years in a 10-year period.

Aurora, supported by farmers on the High Line Canal, is backing the legislation. Aurora leased water from the High Line Canal in 2004-05. Numerous water interests, particularly in the South Platte basin, opposed the original legislation as an end-run around water court. Originally, the bill allowed the state Division of Water Resources to approve water transfers for up to 30 years without going to water court.

The legislation, as amended by the ag committee, now limits renewal to just one 10-year period, and only in the Lower Arkansas Valley (water districts 14, 17 and 67 in water division 2). Aurora argued for two renewal periods in order to give cities more certainty of supply.

The bill also strengthens water court appeals and state engineer notification procedures, while giving opponents 126 days, rather than 30, to respond to notifications.

The bill also prohibits transfer of water across the Continental Divide, at the request of Sen. Gail Schwartz, D-Snowmass Village, who chairs the Senate ag committee. It does not prohibit transfers from the Rio Grande or Arkansas River basins using interruptible supply.

The bill was sent to the Senate floor on Wednesday, and could be approved by the Senate as soon as Monday. The House would then have to reconsider the legislation, since substantial changes were made.

More 2013 Colorado legislation coverage here.

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