HB-1280 Protect Leased Instream Flow Water Right (Fischer/Schwartz)

Posted on February 2, 2008 in Colorado Legislation

Background: Specifies that the time during which the Colorado water conservation board uses water rights for instream flow purposes pursuant to a contract is excluded from the water court's historic consumptive use analysis and shall not be considered as abandonment of the water right. Requires the board to: Make a finding that the lessor or lender of the water rights is not entering into the contract for speculative purposes; Maintain records of how much water the board uses under the contract each year it is in effect; and Install a measuring device to record how much water flows out of the instream flow reach unless a suitable measuring device already exists. Prohibits the water court from approving a change decree in relation to such a contract unless it makes a finding that the lessor or lender of the water rights has not entered into the contract for speculative purposes.
Most Recent Action: 4/21 signed by Governor
Position: Support