@WaterLawReview: Colorado HB17-1190: Limited Applicability of St. Jude’s Co. Water Case

Spring Creek (RFC Ditch) Roaring Fork River via Aspen Journalism

Click here to read the article (Megan McCulloch). Here’s an excerpt:

After these changes, what remained of the bill was (what was originally) subsection (a). It provided a clear legislative assurance of the validity and preservation of those previously decreed existing water rights that were for aesthetic, recreational, and piscatorial uses. The final bill also protects conditional water rights—rights that have been filed with and decreed by the water court prior to actual use while securing an earlier priority. This bill ensures that owners of conditional water rights for aesthetic, recreational, and piscatorial uses will not face objections based on the St. Jude’s ruling when they return to the water court for diligence or perfection.

The final bill was designed to preclude an overly broad application of the St. Jude’s Co. ruling and to protect recognized rights. While the parties involved did not agree on everything—as reflected in the multiple amendments—in the end, HB 1190 was a bipartisan consensus effort to address an area of law that had been left unsettled by the Court’s St. Jude’s ruling.

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