July 19, 2019

HB 13-1013: Prohibiting Landowners from Conditioning Rights-of-Way on Relinquishment of Water Rights

On Wednesday, January 9, 2013, Rep. Jerry Sonnenberg and Sen. Robert Baumgartner introduced HB 13-1013 – Concerning Limitations on a Landowner’s Ability to Impose Conditions on a Water Right Owner as a Condition of Permission to Use Land. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Water Resources Review Committee.

The bill specifies, in the contexts of rights-of-way for water rights and the basic tenets of Colorado water law, that:

  • A landowner cannot demand as a condition of granting a right-of-way or special use permit, and a court cannot order as a condition of an eminent domain proceeding, that a water right or conditional water right owner assign to the landowner partial or joint ownership of the water right or limit the alienability of the water right; and
  • Any such condition is void and unenforceable as against public policy.

Assigned to the Agriculture, Livestock, & Natural Resources Committee.