June 19, 2019

HB 14-1005: Clarifying Requirements to Change Point of Water Diversion

On January 8, 2014, Rep. Jerry Sonnenberg and Sen. Kevin Lundberg introduced HB 14-1005: Concerning Clarification of the Requirements Applicable to a Change of Point of Water Diversion. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

A statute enacted in 1881 allows the owner of a ditch to relocate the ditch’s headgate if changes to the stream prevent the headgate from effectuating the diversion. The “Water Right Determination and Administration Act of 1969” (1969 act) requires changes of water rights, including changes of points of diversion, to be adjudicated. The 1969 act does not exempt changes authorized by the 1881 act. The bill clarifies that a water right owner may relocate a ditch headgate pursuant to the 1881 act without filing for a change of water right under the 1969 act if the relocation does not physically interfere with the complete use or enjoyment of other water rights. The bill is assigned to the Agriculture, Livestock, & Natural Resources Committee.

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