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Bills Regarding Protection Orders and Mandatory Reporters Signed by Governor Hickenlooper

May 17, 2013 by Susan Hoyt Leave a Comment

Governor Hickenlooper continues to sign legislation as it crosses his desk. To date, he has signed an impressive 240 pieces of legislation into law. He is expected to sign more bills in the coming days and weeks.

On Tuesday, May 14, 2013, Governor Hickenlooper signed five bills. They are summarized here.

SB 13-220 - Concerning Adding Emergency Medical Service Providers to the List of Persons Who Must Report Possible Instances of Child Abuse, by Sen. Jeanne Nicholson and Rep. Rhonda Fields. The bill adds all emergency service providers, even volunteers, to the list of mandatory reporters of suspected child abuse and neglect.
SB 13-231 - Concerning the Creation of the Title IV-E Waiver Demonstration Project, by the Joint Budget Committee. The bill addresses the Social Security Title IV-E waiver program for low-income children, and allocates funds to counties that participate in the waiver demonstration project.
SB 13-255 - Concerning Child Fatality Review Teams and Increasing the Capacity and Resources, Clarifying the Responsibilities and Processes of State and Local Child Fatality Review Teams in the Departments of Public Health and Environment and Human Services, and Making an Appropriation, by Sens. John Kefalas and Linda Newell and Reps. Jenise May and Jonathan Singer. The bill requires local public health agencies to develop child fatality review teams by January 1, 2015, and to investigate fatalities of children aged 17 and under.
HB 13-1259 - Concerning Court Orders in Civil Actions for Persons At Risk of Abuse or Neglect and Procedures for Allocating Parental Rights and Responsibilities in the Best Interests of the Child in Cases Involving Child Abuse and Neglect and Domestic Violence; Provisions Relating to Parenting Time Orders; Provisions Relating to Parenting Time Evaluations and Reports; Amending and Relocating Provisions Relating to Civil Protection Orders; and Making an Appropriation, by Rep. Beth McCann and Sen. Linda Newell. The bill changes procedures for allocation of parental rights and responsibilities in actions involving child abuse or domestic violence, and also changes many provisions regarding civil protection orders.
HB 13-1271 - Concerning Methods to Respond to Initial Contacts to a Child Abuse Reporting Hotline System and Authorizing the State Board of Human Services to Adopt Rules Governing the Hotline System, Providing Consistent Practices in Response to Contacts and to Reports of Known or Suspected Child Abuse or Neglect, and Making an Appropriation, by Reps. Jonathan Singer and Jenise May and Sens. Linda Newell and Jeanne Nicholson. The bill requires the Department of Human Services to develop a steering committee to implement a statewide child abuse reporting hotline. The hotline is expected to be operational and publicized by January 1, 2015.

Governor Hickenlooper also signed 12 bills on Wednesday, May 15, and Thursday, May 16, 2013. Five of the bills are summarized here.

SB 13-111 - Concerning Abuse of At-Risk Adults and Making an Appropriation, by Sen. Evie Hudak and Reps. Sue Schafer and Amy Stephens. The bill establishes a new class of protection by Adult Protective Services for “at-risk elders.” It also requires mandatory reporters to report suspected abuse of at-risk elders within 24 hours of discovering the abuse.
SB 13-266 - Concerning a Request for Proposals Process to Create a Coordinated Behavioral Health Crisis Response System for Communities Throughout the State, by Sens. Irene Aguilar and Jeanne Nicholson and Reps. Tracy Kraft-Tharp and Dave Young. The bill directs the Department of Human Services to request proposals for the creation of a behavioral health crisis response system.
HB 13-1044 - Concerning the Authorization of the Use of Graywater, by Rep. Randy Fischer and Sen. Gail Schwartz. The bill authorizes the Water Quality Control Commission to create standards for the use of graywater.
HB 13-1138 - Concerning Benefit Corporations and Making an Appropriation, by Rep. Pete Lee and Sen. John Kefalas. The bill authorizes benefit corporations, and establishes requirements for companies to be created as or elect to be treated as public benefit corporations.
HB 13-1296 - Concerning Civil Commitment Statutes and Creating the Civil Commitment Statute Review Task Force, Redefining Certain Terms Related to Civil Commitment, and Making an Appropriation, by Reps. Beth McCann and Tracy Kraft-Tharp and Sen. Linda Newell. The bill creates a task force to review the civil commitment statutes and prepare recommendations regarding consolidation of civil commitment statutes related to mental health, alcohol, and substance abuse disorders.

It’s not over yet—stay tuned for the latest legislative decisions by Governor Hickenlooper. For a complete list of the bills that have been signed this legislative session, click here.

Filed Under: Legislation Tagged With: benefit corporations, business law, child abuse, Colorado Legislature, domestic relations law, elder law, family law, Governor Hickenlooper, HB 13-1044, HB 13-1138, HB 13-1259, HB 13-1271, HB 13-1296, health law, juvenile law, mental health, protection orders, public benefits, SB 13-111, SB 13-220, SB 13-231, SB 13-255, SB 13-266, water law

Probate Omnibus Bill, Employee Privacy, HOA Bills Signed by Governor Hickenlooper

May 14, 2013 by Susan Hoyt Leave a Comment

Although the Colorado General Assembly adjourned sine die on May 8, 2013, bills continue to be signed into law by Governor Hickenlooper. To date, the governor has signed 231 bills. Some of the most recently signed bills are summarized below.

On Thursday, May 7, Governor Hickenlooper signed one bill — HB 13-1117 - Concerning Alignment of Child Development Programs, and, in Connection Therewith, Making and Reducing an Appropriation, by Rep. Millie Hamner and Sens. Mary Hodge and Andy Kerr. The bill consolidates several child development programs in the Department of Human Services and extends the Early Childhood Leadership Council, which was set to sunset on July 1, 2013.

Governor Hickenlooper signed 18 bills into law on Friday, May 10, 2013. Six of them are summarized here.

SB 13-183 - Concerning Water Conservation Measures in Common Interest Communities, by Sen. Morgan Carroll and Rep. Rhonda Fields. The bill prohibits common interest communities from banning xeriscaping or drought-resistant landscaping, and renders unenforceable any such provisions in bylaws or other governing documents of common interest communities.
SB 13-216 - Concerning Youthful Offenders Within the State Department of Corrections, by Sen. Angela Giron and Rep. Paul Rosenthal. The bill recreates a portion of law that expired October 1, 2012, pertaining to eligibility for the Youthful Offender System. It also mandates the DOC’s compliance with the Prison Rape Elimination Act for youthful offenders.
HB 13-1058 - Concerning Guidelines for the Determination of Spousal Maintenance, by Rep. Beth McCann and Sen. Andy Kerr. The bill creates a system for determining spousal maintenance in dissolution of marriage, legal separation, or declaration of invalidity actions for marriages that lasted at least three years and in which the parties’ combined incomes are less than $240,000 per year.
HB 13-1191 - Concerning Grants for Domestic Wastewater Treatment Plants to Comply with the Water Quality Control Commission’s Nutrient Management Control Regulation, by Rep. Randy Fischer and Sen. Gail Schwartz. The bill allows the Department of Public Health and Environment to make grants to wastewater treatment facilities to ensure compliance with recently-adopted nutrient management control regulations.
HB 13-1200 - Concerning the “Uniform Deployed Parents Custody and Visitation Act”, by Rep. Bob Gardner and Sen. Ellen Roberts. The bill establishes the Uniformed Deployed Parents Custody and Visitation Act. The bill specifies provisions addressing custodial responsibility, caretaking, and decision-making for children of deployed service members.
HB 13-1225 - Concerning Additional Protections for Homeowner’s Insurance Policyholders in Colorado and, in Connection Therewith, Enacting the “Homeowner’s Insurance Reform Act of 2013″, by Rep. Claire Levy and Sens. John Kefalas and Jeanne Nicholson. The bill institutes the “Homeowner’s Insurance Reform Act of 2013″ and creates several requirements for insurers and homeowners, primarily related to insurance for single-family, owner-occupied residences.

On Saturday, May 11, 2013, the governor signed 19 bills into law. Five of them are summarized here.

SB 13-077 - Concerning Certain Provisions of the Colorado Probate Code, by Sen. Ellen Roberts and Rep. Dan Pabon. The “Probate Omnibus Bill” modifies provisions of the Colorado Probate Code related to testimony, personal representatives, and the roles and responsibilities of trustees.
SB 13-119 - Concerning Clarification of the Requirement for a Certificate of Taxes Due in Connection with Title Insurance, by Sen. Matt Jones and Rep. Ray Scott. The bill clarifies that certificates of taxes due are only required for transfers of title to real property and not for refinance transactions. It also allows the Commissioner of Insurance to identify what documents may be substituted for certificates of taxes due when those certificates are unavailable.
HB 13-1046 - Concerning Employer Access to Personal Information through Electronic Communication Devices, by Rep. Angela Williams and Sen. Jessie Ulibarri. The bill prohibits employers from requiring an employee to disclose username and password information from private, personal accounts of the employee on the employee’s electronic device.
HB 13-1077 - Concerning a Driver’s Right to Challenge the Lawfulness of a Law Enforcement Officer’s Initial Contact in an Administrative Proceeding for Revocation of a Driver’s License, by Rep. Joe Salazar and Sen. Jessie Ulibarri. The bill allows drivers who are subject to revocation proceedings to challenge the lawfulness of the initial stop, and requires hearing officers to consider these challenges.
HB 13-1134 - Concerning Unit Owners’ Associations Under the “Colorado Common Interest Ownership Act”, by Rep. Su Ryden and Sen. Morgan Carroll. The bill directs the Homeowners Association Information and Resource Center in the Division of Real Estate to compile a database of HOAs, coordinate educational reference materials, monitor federal rules and regulations, and conduct a study of other states’ HOA offices.

Finally, on Monday, May 13, 2013, Governor Hickenlooper signed 11 bills into law. Four of them are summarized here.

SB 13-181 - Concerning the Funding of Colorado Water Conservation Board Projects, and Making Appropriations in Connection Therewith, by Sen. Gail Schwartz and Rep. Randy Fischer. The bill appropriates funding from the Colorado Water Conservation Board for certain water-related construction projects.
SB 13-200 - Concerning an Increase in the Income Eligibility for Certain Optional Groups in the Medicaid Program to One Hundred Thirty-Three Percent of the Federal Poverty Line, and, in Connection Therewith, Making and Reducing an Appropriation, by Sen. Irene Aguilar and Rep. Mark Ferrandino. The bill brings Colorado’s Medicaid program in line with the Patient Protection and Affordable Care Act of 2010 by expanding eligibility for Medicaid.
HB 13-1163 - Concerning Payment for Medical Costs Associated with Obtaining a Medical Forensic Examination for Victims of Sexual Offenses, by Rep. Daniel Kagan and Sen. Irene Aguilar. The bill creates a fund for emergency payment of medical expenses for victims of sexual offenses who need additional time to determine if they will pursue legal action.
HB 13-1287 - Concerning an Extension of the Income Tax Years for Which the Colorado Job Growth Incentive Tax Credit is Available, by Reps. Dianne Primavera and Brian DelGrosso and Sens. Mark Scheffel and Rollie Heath. The bill extends the Colorado job growth income tax credit for an additional five years.

For a complete list of Governor Hickenlooper’s 2013 legislative decisions, click here.

Filed Under: Legislation Tagged With: criminal law, dui law, employment law, environmental law, family law, HB 13-1046, HB 13-1058, HB 13-1077, HB 13-1117, HB 13-1134, HB 13-1163, HB 13-1191, HB 13-1200, HB 13-1225, HB 13-1287, health law, HOA law, juvenile law, Medicaid, motor vehicle law, real estate law, SB 13-077, SB 13-119, SB 13-181, SB 13-183, SB 13-200, SB 13-216, title insurance, trust & estate law, water law

Justice Gregory Hobbs Named a Colorado Author’s League Award Finalist

May 10, 2013 by Susan Hoyt Leave a Comment

Gregory Hobbs, Colorado Supreme Court justice and author extraordinaire, was nominated for a 2013 Colorado Author’s League award for his book Into the Grand, a beautiful collection of poetry, prose, essays, and photography. We are proud of Justice Hobbs and congratulate him on his nomination.

Always humble, Justice Hobbs noted that he is honored to have been nominated, saying “It’s great to be listed! I’m pleased at the way the book looks. It’s satisfying to be one of CLE’s authors.” Justice Hobbs continued that he loves this beautiful state we live in and wishes that attorneys, who are usually very creative and artistic people, would share their gifts with the wider community more often.

Justice Hobbs is known for his work on the Colorado Supreme Court, but he is also a prolific poet and author. He has published three books through CBA-CLE: Into the Grand, Public’s Water Resource, and Living the Four Corners. He is active in Colorado’s water law community, and was a proud participant in last year’s Water 2012 book club programs.

For more information about Justice Hobbs’ books, click the links below or stop by the CLE offices.

CLE Book: Into the Grand

Justice Hobbs’ collection of poetry, prose, essays, and artwork is now available. Click here to order online or call (303) 860-0608.

To order all three of Justice Hobbs’ books as a discounted bundle — Into the Grand, Public’s Water Resource, and Living the Four Corners — click here or call (303) 860-0608.

Filed Under: Community Tagged With: CLE books, Justice Hobbs, Literary Lawyers, water law

HB 13-1316: Requiring Colorado Oil and Gas Conservation Commission to Adopt Uniform Groundwater Sampling Rules

May 2, 2013 by CBA-CLE Staff Leave a Comment

On April 18, 2013, Rep. Dickey Lee Hullinghorst introduced HB 13-1316 - Concerning the Colorado Oil and Gas Conservation Commission’s Adoption of Uniform Statewide Groundwater Sampling Rules. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The Colorado oil and gas conservation commission recently adopted rules that require oil and gas operators to conduct groundwater sampling but specify less rigorous standards for particular areas of the state. The bill requires the commission to adopt uniform statewide groundwater sampling rules that obligate operators to sample groundwater sources at specified intervals before and after drilling of a well.

On April 26 the Appropriations Committee amended the bill and sent it to the House for consideration on 2nd Reading.

Since this summary, the bill passed Second Reading in the House with amendments, and passed Third Reading in the House as well. It was introduced in the Senate and assigned to the State, Veterans, & Military Affairs Committee.

Filed Under: Legislation Tagged With: Colorado Legislature, environmental law, HB 13-1316, natural resources, oil and gas law, water law

Governor Hickenlooper Signs Bills Regarding Water Law, Medical Marijuana, Unemployment Insurance, and More

April 19, 2013 by Susan Hoyt Leave a Comment

Governor Hickenlooper continues to sign bills as they reach his desk. To date, he has signed 137 bills into law.

On April 4, 2013, the governor signed 19 bills. Five of them are summarized here.

SB 13-074 - Concerning the Resolution of Ambiguities in Old Water Right Decrees Regarding the Place of Use of Irrigation Water, by Sen. Mary Hodge and Rep. Jerry Sonnenberg. The bill creates a mechanism to determine the maximum number of acres that may be irrigated under a pre-1937 determination of water rights.
HB 13-1054 - Concerning Lessening the Reduction of Unemployment Insurance Benefits Required when a Claimant Withdraws Amounts from a Retirement Plan as a Result of Unemployment, by Reps. Jovan Melton and Tony Exum and Sen. Lois Tochtrop. The bill changes the way unemployment benefits are affected by the withdrawal of funds from employer-sponsored retirement accounts.
HB 13-1061 - Concerning Standards for Responsible Medical Marijuana Vendors, by Rep. Dominick Moreno and Sen. Irene Aguilar. The bill creates the Responsible Medical Marijuana Vendor Server and Seller Designation for licensed medical marijuana businesses and establishes procedures for receiving the designation.
HB 13-1124 - Concerning the Reduction of Improper Unemployment Insurance Benefit Payments Through Compliance with the Federal “Trade Adjustment Assistance Extension act of 2011″ and Making an Appropriation, by Reps. Dan Pabon and Amy Stephens and Sen. Cheri Jahn. The bill conforms Colorado unemployment insurance law with federal law.
HB 13-1157 - Concerning Adoption of the 2012 “Uniform Commercial Code” Article 4.5 Amendments, by Rep. Frank McNulty and Sen. Angela Giron. The bill clarifies provisions of the Uniform Commercial Code regarding remittance transfers.

The governor signed 12 bills on April 8, 2013. Four of them are summarized here.

SB 13-030 - Concerning an Additional Review of Rules Promulgated Pursuant to the “State Administrative Procedure Act” by Committees of Reference of the General Assembly, by Sen. Mark Scheffel and Rep. Dan Nordberg. The bill creates additional notice for the public and the General Assembly for rules adopted as a result of legislation.
SB 13-041 - Concerning the Protection of Stored Water and Preserving Supplies for Drought and Long-Term Needs, by Sens. Mary Hodge and Ellen Roberts and Reps. Randy Fischer and Jerry Sonnenberg. The bill, enacted because of the Colorado Supreme Court ruling in Upper Yampa Water Conservatory District v. Wolfe, expands the term “beneficial use” and clarifies rules regarding water storage rights.
SB 13-116 - Concerning the Authority of Forensic Psychologists to Conduct Mental Health Evaluations under Article 8 of Title 16, Colorado Revised Statutes, by Sen. Jessie Ulibarri and Rep. Pete Lee. The bill authorizes licenses forensic psychologists to conduct mental health evaluations for criminal defendants if so ordered by the court.
HB 13-1202 - Concerning Counseling by Medicaid Providers Relating to Medical Orders for Scope of Treatment, by Reps. Cheri Gerou and Mark Ferrandino and Sen. John Kefalas. The bill allows reimbursement for Medicaid providers who offer counseling regarding medical orders for scope of treatment.

Finally, on April 18, 2013, Governor Hickenlooper signed four bills into law. They are summarized here.

HB 13-1060 - Concerning Raising the Maximum Fine that may be Assessed by a Municipal Court, by Rep. Mike McLachlan and Sen. Linda Newell. The bill raises the maximum fine that may be assessed by a municipal court and allows for adjustments for inflation.
HB 13-1147 - Concerning Voter Registration Facilitated by State Institutions of Higher Education, by Rep. Jovan Melton and Sen. Linda Newell. The bill requires state institutions of higher education to provide a link to voter registration for students who are registering online for classes, and to provide information about voter registration if the institution does not use online registration.
HB 13-1179 - Concerning Deadlines for State Agencies to Submit Documents Related to Appropriations to the Joint Budget Committee, by Rep. Claire Levy and Sen. Pat Steadman. The bill requires state agencies to submit budget requests by certain deadlines.
HB 13-1243 - Concerning Factual Findings Included in Parenting Time Orders, by Rep. Dave Young and Sen. Jessie Ulibarri. The bill requires courts to submit specific facts to support endangerment of child in orders that restrict parenting time.

For a complete list of the governor’s 2013 legislative decisions, click here.

Filed Under: Legislation Tagged With: business law, Colorado Legislature, employment law, family law, Governor Hickenlooper, HB 13-1054, HB 13-1060, HB 13-1061, HB 13-1124, HB 13-1147, HB 13-1157, HB 13-1179, HB 13-1202, HB 13-1243, medical marijuana, SB 13-030, SB 13-041, SB 13-074, SB 13-116, unemployment insurance, water law

Governor Hickenlooper Signs Several Bills Into Law

April 2, 2013 by Susan Hoyt Leave a Comment

Governor Hickenlooper signed the first bills of the 2013 legislative session on January 31, 2013. Since then, he has signed an additional 116 bills, for a total of 118 bills.

On March 22, 2013, Governor Hickenlooper signed 29 bills. Five of them are summarized here.

HB 13-1126 - Concerning Statutorily Established Time Intervals, by Rep. Jared Wright and Sen. Irene Aguilar. The bill continues amending statutes in order to comply with “rule of seven” date calculations.
HB 13-1166 - Concerning the Repeal of Certain Crimes that Include Marital Status as an Element of the Crime, by Rep. Elena Kagan and Sen. Pat Steadman. The bill repeals the crimes of adultery and promoting sexual immorality.
SB 13-012 - Concerning Reporting of Suspected Child Abuse and Neglect by Youth Sports Organizations, by Sen. Rollie Heath and Rep. Jonathan Singer. The bill mandates that coaches, directors, and athletic personnel for youth sports organizations report suspected child abuse and neglect.
SB 13-078 - Concerning Points of Diversion that are Not Located at the Physical Location Specified in the Decrees for Diverted Water Rights, by Sen. Angela Giron and Rep. Jerry Sonnenberg. The bill allows owners of water rights to correct established but erroneously recorded points of diversion without having to apply for a change in water right.
SB 13-118 - Concerning Clarification of the Exemptions from the Laws Regulating Mortgage Loan Originators, and, in Connection Therewith, Exempting Real Estate Licensees Representing Persons Providing Seller Financing for the Sale of a Limited Number of Residential Properties Annually as Allowed by Law, by Sen. Mary Hodge and Rep. Dan Pabon. The bill allows a private property owner to provide seller financing to up to five properties without needing to fulfill licensing and registration requirements of mortgage brokers.

Governor Hickenlooper signed 12 bills into law on March 29, 2013. Four of them are summarized here.

HB 13-1016 - Concerning the Distribution to Beneficiaries of Amounts on Payable-on-Death (POD) Financial Institution Accounts Pursuant to Written Designation in the Records of the Financial Institution, by Rep. Bob Gardner and Sen. Cheri Jahn. The bill specifies that funds held in a payable-on-death account may be distributed in an unequal manner if such intent is clearly written in the records of the financial institution.
HB 13-1168 - Concerning an Expansion in the Ability of a Ditch to Operate as an Acequia Ditch, by Rep. Edward Vigil and Sen. Gail Schwartz. The bill allows acequia ditch corporations to operate on properties other than long lots.
SB 13-008 - Concerning Elimination of the Waiting Period for Children’s Eligibility Under the Children’s Basic Health Plan, by Sen. Linda Newell and Rep. Beth McCann. The bill removes the waiting period for CHP+ health insurance, in hopes that removing the waiting period will encourage people to leave group plans and join CHP+.
SB 13-177 - Concerning Changes to the Juvenile Corrections Programs Resulting in Cost Reductions and Reducing the Juvenile Detention Bed Cap, Reducing the Appropriation for Commitment Beds and Assessment Services, and Making an Appropriation for Transportation, by the Joint Budget Committee. The bill reduces the maximum number of beds available in the Division of Youth Corrections due to a decreased number of youth offenders.

Finally, Governor Hickenlooper signed one bill on April 1, 2013. It is summarized here.

SB 13-194 - Concerning a Repeal of a Telephone Assistance Program for Low-Income Individuals and Reducing an Appropriation, by Sen. Pat Steadman and Rep. Cheri Gerou. The bill repeals the Low-Income Telephone Assistance Program.

For a complete list of Governor Hickenlooper’s 2013 legislative decisions, click here.

Filed Under: Legislation Tagged With: banking law, Colorado Legislature, Colorado Revised Statutes, family law, HB 13-1016, HB 13-1126, HB 13-1166, HB 13-1168, health law, juvenile law, SB 13-008, SB 13-012, SB 13-078, SB 13-118, SB 13-177, SB 13-194, trust & estate law, trust and estate law, water law

Amy Beatie Awarded 2013 Emerging Leader Award from Colorado Foundation for Water Education

March 27, 2013 by Susan Hoyt Leave a Comment

Amy Beatie, executive director of the nonprofit Colorado Water Trust, has been selected as the Colorado Foundation for Water Education’s 2013 Emerging Leader Award recipient. The Colorado Foundation for Water Education (CFWE) is dedicated to promoting accurate information and balanced education about Colorado’s water resources and issues.

The Emerging Leader Award was created in 2010 to honor recent work by young Colorado water professionals to strengthen and improve water education in the state. Amy Beatie was selected for her outstanding work during the drought conditions in 2012 to replenish waters in some of the state’s hardest-hit areas.

Prior to joining Colorado Water Trust in 2007, Amy practiced water litigation for six years, and she clerked for Colorado Supreme Court Justice Gregory Hobbs before that. When she was in law school, she helped found the University of Denver Water Law Review, and served as its editor-in-chief. She now sits on the advisory board for the University of Denver Water Law Review. She received her undergraduate degree from Dartmouth University. She is also a graduate of the CFWE Water Leaders program.

Filed Under: Community Tagged With: award, water law

SB 13-150: Continuing the Water and Wastewater Facility Operators Certification Board

March 4, 2013 by CBA-CLE Staff Leave a Comment

On Wednesday, January 30, 2013, Sen. Ted Harvey introduced SB 13-150 – Concerning the Continuation of the Water and Wastewater Facility Operators Certification Board, and, in Connection Therewith, Implementing the Recommendations of the 2012 Sunset Report by the Department of Regulatory Agencies. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill continues the water and wastewater facility operators certification board (board) until 2020 and implements recommendations in the sunset report:

Currently, one member of the board represents the Colorado rural water association. This member is replaced with a representative of water facilities serving less than 3,300 people.

Currently, the board may exempt industrial wastewater facilities from having a certified operator if the exemption does not endanger public health or the environment. This authority is expanded to include nonindustrial facilities and water facilities.

Certain statutes are reorganized.

On Feb. 14, the Agriculture, Natural Resources, & Energy Committee amended the bill and sent it to the Appropriations Committee for consideration of the fiscal impact.

Since this summary, the bill was referred unamended for consideration on the consent calendar for the Senate Committee of the Whole.

Filed Under: Legislation Tagged With: Colorado Legislature, licensing, SB 13-150, water law

Colorado Water 2012 Initiative a Roaring Success

February 26, 2013 by Susan Hoyt Leave a Comment

The year 2012 was remarkable for the history of water regulation in Colorado. It marked the 75th anniversary of the legislation that created many of Colorado’s water management organizations, the 100th anniversary of the Rio Grande Reservoir, the 50th anniversary of the Fryingpan-Arkansas project in the Southeastern Water Conservancy District, and the 10th anniversary of the start of the Colorado Foundation for Water Education.

In order to celebrate these anniversaries and acknowledge the importance of water in Colorado’s culture, the Colorado Foundation for Water Education developed the Colorado Water 2012 Initiative. Through fundraising, the initiative raised $130,000 and used it to spread its message of water awareness to over 500,000 Coloradoans.

CLE participated in the Colorado Water 2012 Initiative by hosting quarterly water book club programs, which were webcast throughout the state. Justice Hobbs presented on and signed his books, Living the Four Corners and Into the Grand, at one of these book club events. He also introduced Patty Limerick at the October event about her book, A Ditch in Time.

The Colorado Foundation for Water Education plans to continue many of the projects it began in partnership in 2012. For more information about water-related events in 2013, click here. For continuing updates on water in Colorado, click here.

Filed Under: Community Tagged With: CBA-CLE Books, water, water law

SB 13-075: Providing that After a Final Decree for Withdrawal of Designated Ground Water, Conservation of Water is Not Grounds to Modify Rights Under the Decree

February 14, 2013 by CBA-CLE Staff Leave a Comment

On Tuesday, January 22, 2013, Sen. Greg Brophy introduced SB 13-075 - Concerning Safeguards to Prevent the Modification of a Final Designated Ground Water Permit Based on Reductions in the Use of Designated Ground Water. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill specifies that once the state engineer issues a final permit for the withdrawal of designated ground water, a reduction in the amount of water used pursuant to the permit due to the conservation of water is not grounds to reduce the maximum annual volume of the appropriation, the maximum pumping rate, or the maximum number of acres that have been irrigated. On Feb. 7, the Agricultural, Natural Resources and Energy Committee approved the unamended bill sent it to the Senate for consideration on 2nd Reading.

Since this summary, the bill was amended in 2nd Reading and passed 3rd Reading in the Senate. It was introduced in the House and assigned to the Agriculture, Livestock & Natural Resources Committee.

Filed Under: Legislation Tagged With: Colorado Legislature, SB 13-075, water law

SB 13-074: Creating Mechanism to Resolve Ambiguities in Certain Pre-1937 Irrigation Water Right Decrees

February 14, 2013 by CBA-CLE Staff Leave a Comment

On Tuesday, January 22, 2013, Sen. Mary Hodge introduced SB 13-074 – Concerning the Resolution of Ambiguities in Old Water Right Decrees Regarding the Place of Use of Irrigation Water. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Current law requires irrigation water right decrees to specify the acreage on which the water may be used, but some older decrees do not include an acreage limitation. For such decrees, water courts look to the original appropriator’s intent in determining the lawful historical consumptive use of a decreed irrigation water right; however, it is often very difficult to determine the original appropriator’s intent, which has resulted in cases that substantially decrease the acreage that has historically been irrigated by a water right.

The bill creates a mechanism to determine the amount of acreage for an irrigation water right for which the original decree predates 1937 and is unclear about the amount of acreage that may be irrigated under the water right. On Feb. 7, the Agricultural, Natural Resources and Energy Committee approved the unamended bill sent it to the Senate for consideration on 2nd Reading.

Since this summary, the bill was laid over daily for 2nd Reading.

Filed Under: Legislation Tagged With: Colorado Legislature, SB 13-074, water law

SB 13-073: Requiring Division of Administration to Follow Rule-Making Procedures when Proposing Changes to Permits Related to Water Quality Control

February 14, 2013 by CBA-CLE Staff Leave a Comment

On Tuesday, January 22, 2013, Sen. Greg Brophy introduced SB 13-073 - Concerning a Requirement that the Division of Administration of the Department of Public Health and Environment Follow Rule-Making Procedures when Proposing Changes to General Permits Related to Water Quality Control. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Currently, the division of administration (division) of the department of public health and environment may adopt new and amended permit requirements for general permits related to water quality control without providing any of the following information to existing and potential permit holders:

A statement of basis and purpose for the changes;

Evidence and data in support of the changes; and

A cost-benefit analysis of the effect the changes will have on permit holders.

The bill requires the division to comply with the rule-making procedures set forth in the “State Administrative Procedure Act” when the division proposes new or amended permit requirements with respect to general permits related to water quality control. On Feb. 4, the State, Veterans, & Military Affairs heard testimony; the bill is back on the calendar for “action only” on Wednesday, Feb. 13 at 1:30 p.m.

Since this summary, the State, Veterans, & Military Affairs Committee amended the bill and referred it to the Appropriations Committee.

Filed Under: Legislation Tagged With: administrative law, Colorado Legislature, SB 13-073, water law

Bills Regarding Protection Orders and Mandatory Reporters Signed by Governor Hickenlooper

Probate Omnibus Bill, Employee Privacy, HOA Bills Signed by Governor Hickenlooper

Justice Gregory Hobbs Named a Colorado Author’s League Award Finalist

CLE Book: Into the Grand

HB 13-1316: Requiring Colorado Oil and Gas Conservation Commission to Adopt Uniform Groundwater Sampling Rules

Governor Hickenlooper Signs Bills Regarding Water Law, Medical Marijuana, Unemployment Insurance, and More

Governor Hickenlooper Signs Several Bills Into Law

Amy Beatie Awarded 2013 Emerging Leader Award from Colorado Foundation for Water Education

SB 13-150: Continuing the Water and Wastewater Facility Operators Certification Board

Colorado Water 2012 Initiative a Roaring Success

SB 13-075: Providing that After a Final Decree for Withdrawal of Designated Ground Water, Conservation of Water is Not Grounds to Modify Rights Under the Decree

SB 13-074: Creating Mechanism to Resolve Ambiguities in Certain Pre-1937 Irrigation Water Right Decrees

SB 13-073: Requiring Division of Administration to Follow Rule-Making Procedures when Proposing Changes to Permits Related to Water Quality Control

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