Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0535.01 Richard Sweetman x4333
SENATE BILL 22-114
Senate Committees House Committees
Agriculture & Natural Resources
A BILL FOR AN ACT
C
ONCERNING FIRE SUPPRESSION PONDS .101
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Section 1 of the bill makes legislative findings and declarations.
Section 2 allows a board of county commissioners (board) to apply to the
state engineer for the designation of a pond as a fire suppression pond.
The director of the division of fire prevention and control (director) in the
department of public safety is required to promulgate rules to establish
criteria for boards, in consultation with fire protection districts, to use to
identify and evaluate potential fire suppression ponds. For each pond that
is identified and under consideration as a potential fire suppression pond,
SENATE SPONSORSHIP
Hisey and Story,
HOUSE SPONSORSHIP
Roberts and Catlin, McCluskie, Pico
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. a board must provide notice of such fact to the state engineer and to
interested parties included in the substitute water supply plan notification
list established for the water division in which the pond is located.
Section 2 also prohibits the state engineer from draining any pond:
! While the pond is under consideration for designation as a
fire suppression pond;
! If the state engineer has designated the pond as a fire
suppression pond; or
! On and after the effective date of the bill, and until the date
upon which the director promulgates rules, with
exceptions.
Section 2 also states that a fire suppression pond and the water
associated with it:
! Are not considered a water right;
! Do not have a priority for the purpose of determining water
rights; and
! May not be adjudicated as a water right.
Section 3 requires the state engineer to review applications
received from boards and, at the state engineer's discretion, designate
ponds as fire suppression ponds. An application is presumed to be
approved if the state engineer does not respond to the application within
63 days after the application is received by the state engineer. The state
engineer may not designate any pond as a fire suppression pond unless the
pond existed as of January 1, 1975.
Section 3 also allows the state engineer to impose reasonable
requirements on a board as a condition of designating a pond as a fire
suppression pond and requires a board and a fire protection district to
inspect a fire suppression pond at least annually.
The designation of a pond as a fire suppression pond expires 20
years after the date of the designation. Before the expiration, the board
and the fire protection district must perform a needs assessment of the
pond. If the needs assessment demonstrates that the pond is in compliance
with criteria established in the director's rules, the board and fire
protection district shall notify the state engineer of such fact, and the state
engineer shall redesignate the pond as a fire suppression pond. If the
needs assessment demonstrates that the pond is not in compliance with
the criteria, the board and fire protection district may either:
! Notify the state engineer that the designation of the pond as
a fire suppression pond should be rescinded or allowed to
expire; or
! Provide to the state engineer a plan and a timeline for
bringing the pond back into compliance with such criteria.
Section 4 states that the designation of fire suppression ponds by
the state engineer does not cause material injury to vested water rights.
SB22-114
-2- Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds that:3
(a) Colorado is facing a wildfire crisis;4
(b) In 2020, Colorado experienced three of the largest wildfires5
in its history, and in 2021, the Marshall fire broke yet another record,6
becoming the most destructive fire in Colorado history by burning more7
than one thousand homes worth five hundred million dollars in total;8
(c) These four recent and catastrophic wildfires burned more than9
six hundred thousand acres, causing significant devastation and property10
loss;11
(d) The Colorado state forest service and the front range12
watershed wildfire protection working group have found that13
high-severity fires can significantly impact water quality and watershed14
conditions;15
(e) Recent fires have tended to be much larger and more severe16
than those in the past, and as such, have severely damaged soils and17
watersheds, leading to heavy erosion and sediment damage in streams;18
and19
(f) Functional watersheds are vital for water quality and healthy20
ecosystems and to protect water resources from post-fire flood damage.21
(2) The general assembly also finds that:22
(a) More resources are needed for wildfire mitigation to reduce23
fire risk and to keep fires from becoming large and catastrophic;24
(b) Although Colorado is committed to taking meaningful action25
to mitigate wildfires, several remote areas in the state lack sufficient26
SB22-114-3- resources to suppress fires without external support;1
(c) In emergency situations, rapid action is vital and any delay2
increases the risk of a fire becoming catastrophic;3
(d) In the past, the general assembly has recognized the need to4
use any and all available water resources in a fire event, and current law5
grants the right for emergency use of wells and other water resources;6
(e) It is a shared principle throughout the state that using water7
resources to preserve life and property in emergencies is a priority over8
consideration of water rights;9
(f) When water is not available in close proximity, firefighters10
may also rely on nearby ponds to fill fire trucks and suppress fires as11
quickly as possible;12
(g) Existing ponds in Colorado have proven to be critical fire13
suppression resources, particularly in remote areas that are not equipped14
with other fire suppression resources such as fire hydrants;15
(h) Due to loss of water from evaporation, the state engineer is16
identifying and ordering the drainage of ponds that do not have storage17
rights associated with them;18
(i) Some ponds that are subject to drainage may be critical19
firefighting resources for remote, high-risk areas of Colorado, and if such20
ponds are drained, firefighters could be left ill-equipped to respond to and21
suppress fires;22
(j) A process is necessary to preserve ponds that are deemed23
critical for firefighting purposes; and24
(k) Preserving fire suppression ponds will help:25
(I) Ensure resources are available to help keep communities safe26
in the event of structure fires, grassland fires, and other fire emergencies;27
SB22-114
-4- and1
(II) Keep fires from becoming large and thereby protect lives,2
homes, critical watersheds, water supply assets, infrastructure, and key3
ecological and wildlife resources.4
(3) Therefore, the general assembly declares that it is in the public5
interest to create a process to identify, designate, and preserve critical fire6
suppression ponds.7
SECTION 2. In Colorado Revised Statutes, add 37-82-107 as8
follows:9
37-82-107. Fire suppression ponds - legislative declaration -10
needs assessment - notice of consideration required - restriction on11
draining of ponds - rules - no water right created - repeal. (1) T
HE12
GENERAL ASSEMBLY HEREBY DECLARES THAT FIRE SUPPRESSION PONDS13
ARE ESSENTIAL FOR THE PROTECTION OF PUBLIC SAFETY AND WELFARE ,14
PROPERTY, AND THE ENVIRONMENT.15
(2) A
BOARD OF COUNTY COMMISSIONERS , IN CONSULTATION WITH16
ITS FIRE PROTECTION DISTRICT, MAY APPLY TO THE STATE ENGINEER17
PURSUANT TO SECTION 37-80-124 FOR THE DESIGNATION OF A POND18
WITHIN THE BORDERS OF THE COUNTY AS A FIRE SUPPRESSION POND .19
(3) (a) B
EFORE APPLYING FOR THE DESIGNATION OF A POND AS A20
FIRE SUPPRESSION POND, A BOARD OF COUNTY COMMISSIONERS , IN21
CONSULTATION WITH ITS FIRE PROTECTION DISTRICT , SHALL:22
(I) I
DENTIFY PONDS IN LOCATIONS WHERE THE OUTBREAK OF A23
FIRE COULD RESULT IN A MAJOR WILDFIRE DISASTER ; AND24
(II) P
ERFORM A NEEDS ASSESSMENT OF EACH SUCH POND , WHICH25
NEEDS ASSESSMENT SHALL BE COMPLETED WITHIN ONE YEAR AFTER THE26
BOARD PROVIDES THE NOTICE DESCRIBED IN SUBSECTION (4) OF THIS27
SB22-114
-5- SECTION.1
(b) I
N PERFORMING A NEEDS ASSESSMENT PURSUANT TO2
SUBSECTION (3)(a)(II) OF THIS SECTION, A BOARD OF COUNTY3
COMMISSIONERS, IN CONSULTATION WITH ITS FIRE PROTECTION DISTRICT,4
SHALL:5
(I) I
DENTIFY THE REFILL MECHANISM OF THE POND , WHETHER BY:6
(A) G
ROUNDWATER;7
(B) D
IVERSION ON THE STREAM CHANNEL ;8
(C) D
IVERSION OFF THE STREAM CHANNEL ; OR9
(D) W
ELL; AND10
(II) A
PPLY THE CRITERIA ESTABLISHED PURSUANT TO RULES11
PROMULGATED BY THE DIRECTOR OF THE DIVISION OF FIRE PREVENTION12
AND CONTROL PURSUANT TO SUBSECTION (9) OF THIS SECTION.13
(4) (a) F
OR EACH POND THAT IS IDENTIFIED AND UNDER14
CONSIDERATION AS A POTENTIAL FIRE SUPPRESSION POND PURSUANT TO15
SUBSECTION (3) OF THIS SECTION, A BOARD OF COUNTY COMMISSIONERS16
SHALL PROVIDE NOTICE OF SUCH FACT TO :17
(I) T
HE STATE ENGINEER; AND18
(II) I
NTERESTED PARTIES INCLUDED IN THE SUBSTITUTE WATER19
SUPPLY PLAN NOTIFICATION LIST ESTABLISHED PURSUANT TO SECTION20
37-92-308
(6) FOR THE WATER DIVISION IN WHICH THE POND IS LOCATED .21
(b) T
HE NOTICE DESCRIBED IN SUBSECTION (4)(a) OF THIS SECTION22
MUST INDICATE:23
(I) T
HE TIMELINE OF THE NEEDS ASSESSMENT ASSOCIATED WITH24
THE POND PURSUANT TO SUBSECTION (3) OF THIS SECTION;25
(II) T
HE LOCATION OF THE POND;26
(III) T
HE APPROXIMATE SURFACE AREA OF THE POND ; AND27
SB22-114
-6- (IV) THE WATER REFILL MECHANISM OF THE POND , WHETHER BY:1
(A) G
ROUNDWATER;2
(B) D
IVERSION ON THE STREAM CHANNEL ;3
(C) D
IVERSION OFF THE STREAM CHANNEL ; OR4
(D) W
ELL.5
(5) D
URING THE THIRTY-FIVE DAYS FOLLOWING THE ISSUANCE OF6
THE NOTICE DESCRIBED IN SUBSECTION (4) OF THIS SECTION, INTERESTED7
PERSONS MAY SUBMIT COMMENTS TO THE BOARD OF COUNTY8
COMMISSIONERS AND THE STATE ENGINEER CONCERNING THE POTENTIAL9
DESIGNATION OF THE POND AS A FIRE SUPPRESSION POND PURSUANT TO10
SECTION 37-80-124.11
(6) I
F A POND IS LOCATED IN WHOLE OR IN PART UPON PRIVATE12
PROPERTY, A BOARD OF COUNTY COMMISSIONERS SHALL ACQUIRE THE13
VOLUNTARY WRITTEN APPROVAL OF EACH OWNER OF PRIVATE PROPERTY14
THAT ABUTS THE POND BEFORE THE BOARD APPLIES TO THE STATE15
ENGINEER FOR THE DESIGNATION OF THE POND AS A FIRE SUPPRESSION16
POND.17
(7) I
F A BOARD OF COUNTY COMMISSIONERS NOTIFIES THE STATE18
ENGINEER PURSUANT TO SUBSECTION (4) OF THIS SECTION THAT A POND IS19
UNDER CONSIDERATION AS A FIRE SUPPRESSION POND , THE BOARD SHALL20
NOTIFY THE STATE ENGINEER PROMPTLY IF AND WHEN THE POND IS NO21
LONGER UNDER SUCH CONSIDERATION .22
(8) N
OTWITHSTANDING ANY PROVISION OF LAW TO THE23
CONTRARY, EXCEPT AS MAY BE REQUIRED TO ADDRESS DAM SAFETY24
CONCERNS, THE STATE ENGINEER SHALL NOT ORDER ANY POND TO BE25
DRAINED OR BACKFILLED OR PROCEED WITH ANY EXISTING ORDER TO26
DRAIN OR BACKFILL A POND:27
SB22-114
-7- (a) IF THE STATE ENGINEER HAS RECEIVED NOTICE PURSUANT TO1
SUBSECTION (4) OF THIS SECTION THAT THE POND IS UNDER2
CONSIDERATION BY A BOARD OF COUNTY COMMISSIONERS FOR3
DESIGNATION AS A FIRE SUPPRESSION POND , DURING THE PENDENCY OF4
THAT CONSIDERATION;5
(b) I
F THE STATE ENGINEER HAS DESIGNATED THE POND AS A FIRE6
SUPPRESSION POND PURSUANT TO SECTION 37-80-124; OR7
(c) (I) O
N AND AFTER THE EFFECTIVE DATE OF THIS SECTION, AND8
UNTIL THE DATE UPON WHICH THE DIRECTOR OF THE DIVISION OF FIRE9
PREVENTION AND CONTROL PROMULGATES RULES PURSUANT TO10
SUBSECTION (9) OF THIS SECTION; EXCEPT THAT, DURING SUCH TIME, THE11
STATE ENGINEER MAY ENFORCE AN ORDER TO DRAIN A POND , WHICH12
ORDER EXISTS ON THE EFFECTIVE DATE OF THIS SECTION , IF THE STATE13
ENGINEER FIRST PROVIDES NOTICE OF THE ORDER TO THE BOARD OF14
COUNTY COMMISSIONERS OF THE COUNTY IN WHICH THE POND IS LOCATED15
AND ALLOWS THE BOARD FOURTEEN DAYS TO RESPOND .16
(II) T
HIS SUBSECTION (8)(c) IS REPEALED, EFFECTIVE JULY 1, 2023.17
(9) (a) O
N OR BEFORE MAY 1, 2023, THE DIRECTOR OF THE18
DIVISION OF FIRE PREVENTION AND CONTROL IN THE DEPARTMENT OF19
PUBLIC SAFETY, PURSUANT TO THE DIRECTOR 'S AUTHORITY UNDER20
SECTION 24-33.5-1203.5, SHALL PROMULGATE RULES ESTABLISHING21
CRITERIA FOR BOARDS OF COUNTY COMMISSIONERS , IN CONSULTATION22
WITH FIRE PROTECTION DISTRICTS, TO USE TO IDENTIFY AND EVALUATE23
POTENTIAL FIRE SUPPRESSION PONDS, AS DESCRIBED IN SUBSECTION (3) OF24
THIS SECTION. THE CRITERIA MUST INCLUDE CONSIDERATION OF :25
(I) W
HETHER THE POND IS READILY ACCESSIBLE BY A FIRE26
DISTRICT, FIRE DEPARTMENT, OR OTHER LOCAL FIREFIGHTING ENTITY;27
SB22-114
-8- (II) WHETHER THE POND IS LOCATED IN THE WILDLAND -URBAN1
INTERFACE OR ANOTHER LOCATION THAT FACES AN ELEVATED THREAT OF2
FIRE RISK;3
(III) W
HETHER THE POND IS LOCATED IN AN AREA WITHOUT4
TIMELY OR ADEQUATE ACCESS TO FIRE HYDRANTS OR OTHER WATER5
SUPPLIES AND WHERE THE POND PROVIDES A NEEDED SUPPLY ;6
(IV) T
HE APPROXIMATE SURFACE AREA OF THE POND ;7
(V) T
HE MAXIMUM SURFACE AREA OF THE POND , IN ORDER TO8
LIMIT IMPACTS TO STREAMFLOW THAT MAY RESULT FROM DEPLETIONS9
FROM THE POND;10
(VI) W
HETHER THE POND IS INCLUDED IN AN EXISTING PLAN FOR11
AUGMENTATION, AS DEFINED IN SECTION 37-92-103 (9);12
(VII) W
HETHER THE POND IS LOCATED IN A DESIGNATED13
GROUNDWATER BASIN , AS DESCRIBED IN SECTION 37-92-602 (1); AND14
(VIII) W
HETHER THE POND IS LOCATED IN AN AREA WHERE THE15
LACK OF AVAILABILITY OF AUGMENTATION WATER OR THE EXCESSIVE16
COST OF AUGMENTATION WATER PRESENTS A SIGNIFICANT BARRIER TO THE17
ESTABLISHMENT OF A DECREED PLAN FOR AUGMENTATION , AS DEFINED IN18
SECTION 37-92-103 (9), BY A LOCAL GOVERNMENT.19
(b) B
EFORE PROMULGATING THE RULES DESCRIBED IN SUBSECTION20
(9)(a)
OF THIS SECTION, THE DIRECTOR OF THE DIVISION OF FIRE21
PREVENTION AND CONTROL SHALL SOLICIT AND CONSIDER INPUT FROM :22
(I) T
HE STATE ENGINEER;23
(II) L
OCAL GOVERNMENTS, INCLUDING COUNTIES;24
(III) W
ATER PROVIDERS; AND25
(IV) F
IRE PROTECTION DISTRICTS AND OTHER FIREFIGHTING26
ENTITIES.27
SB22-114
-9- (10) NOTWITHSTANDING ANY PROVISION OF LAW TO THE1
CONTRARY, A FIRE SUPPRESSION POND AND THE WATER ASSOCIATED WITH2
IT:3
(a) A
RE NOT CONSIDERED A WATER RIGHT, AS DEFINED IN SECTION4
37-92-103
(12);5
(b) D
O NOT HAVE A PRIORITY, AS DEFINED IN SECTION 37-92-1036
(10);
AND7
(c) M
AY NOT BE ADJUDICATED PURSUANT TO SECTION 37-92-302.8
SECTION 3. In Colorado Revised Statutes, add 37-80-124 as9
follows:10
37-80-124. State engineer - designation of fire suppression11
ponds - conditional requirements - inspections - expiration of12
designation - database. (1) F
OR THE PURPOSES OF SECTION 37-82-107,13
THE STATE ENGINEER SHALL:14
(a) R
EVIEW APPLICATIONS RECEIVED FROM BOARDS OF COUNTY15
COMMISSIONERS CONCERNING THE DESIGNATION OF PONDS AS FIRE16
SUPPRESSION PONDS; AND17
(b) A
T THE STATE ENGINEER'S DISCRETION, DESIGNATE PONDS AS18
FIRE SUPPRESSION PONDS.19
(2) I
N CONSIDERING WHETHER TO DESIGNATE A POND AS A FIRE20
SUPPRESSION POND, THE STATE ENGINEER SHALL CONSIDER WHETHER THE21
POND SATISFIES THE CRITERIA ESTABLISHED BY RULES PROMULGATED BY22
THE DIVISION OF FIRE PREVENTION AND CONTROL PURSUANT TO SECTION23
37-82-107
(9).24
(3) T
HE STATE ENGINEER MAY ESTABLISH A STANDARD WRITTEN25
OR ELECTRONIC FORM FOR BOARDS OF COUNTY COMMISSIONERS TO USE TO26
APPLY FOR THE DESIGNATION OF A POND AS A FIRE SUPPRESSION POND .27
SB22-114
-10- (4) IF A BOARD OF COUNTY COMMISSIONERS SUBMITS TO THE1
STATE ENGINEER AN APPLICATION FOR THE DESIGNATION OF A POND AS A2
FIRE SUPPRESSION POND PURSUANT TO SECTION 37-82-107, THE3
APPLICATION IS PRESUMED TO BE APPROVED IF THE STATE ENGINEER DOES4
NOT RESPOND TO THE APPLICATION WITHIN SIXTY-THREE DAYS AFTER THE5
APPLICATION IS RECEIVED BY THE STATE ENGINEER .6
(5) A
S A CONDITION OF DESIGNATING A POND AS A FIRE7
SUPPRESSION POND PURSUANT TO THIS SECTION , THE STATE ENGINEER8
MAY IMPOSE REASONABLE REQUIREMENTS ON A BOARD OF COUNTY9
COMMISSIONERS, INCLUDING REQUIREMENTS FOR MEASURING AND10
RECORDING DEVICES.11
(6) I
F THE STATE ENGINEER DESIGNATES A POND AS A FIRE12
SUPPRESSION POND PURSUANT TO THIS SECTION , THE BOARD OF COUNTY13
COMMISSIONERS OF THE COUNTY IN WHICH THE POND IS LOCATED AND THE14
FIRE PROTECTION DISTRICT SHALL INSPECT THE POND AT LEAST A NNUALLY15
TO ENSURE THAT:16
(a) T
HE POND IS PROPERLY MAINTAINED;17
(b) A
NY FIREFIGHTING INFRASTRUCTURE ASSOCIATED WITH THE18
POND IS FUNCTIONAL; AND19
(c) T
HE APPROXIMATE SURFACE AREA OF THE POND HAS NOT20
CHANGED.21
(7) I
F THE STATE ENGINEER DENIES AN APPLICATION FOR THE22
DESIGNATION OF A POND AS A FIRE SUPPRESSION POND , THE STATE23
ENGINEER SHALL PROVIDE THE APPLICANT BOARD OF COUNTY24
COMMISSIONERS THE REASONS FOR THE STATE ENGINEER 'S DENIAL AND AN25
OPPORTUNITY TO DISCUSS THE DENIAL WITH THE STATE ENGINEER .26
(8) (a) T
HE DESIGNATION OF A POND AS A FIRE SUPPRESSION POND27
SB22-114
-11- PURSUANT TO THIS SECTION EXPIRES TWENTY YEARS AFTER THE DATE OF1
THE DESIGNATION.2
(b) B
EFORE THE EXPIRATION OF THE DESIGNATION OF A POND AS3
A FIRE SUPPRESSION POND, THE BOARD OF COUNTY COMMISSIONERS OF THE4
COUNTY IN WHICH THE POND IS LOCATED AND THE FIRE PROTECTION5
DISTRICT SHALL PERFORM A NEEDS ASSESSMENT OF THE POND , AS6
DESCRIBED IN SECTION 37-82-107 (3).7
(c) I
F THE NEEDS ASSESSMENT DESCRIBED IN SUBSECTION (8)(b) OF8
THIS SECTION INDICATES THAT THE POND CONTINUES TO SATISFY THE9
CRITERIA ESTABLISHED BY RULES PROMULGATED PURSUANT TO SECTION10
37-82-107
(9), THE BOARD AND THE FIRE PROTECTION DISTRICT SHALL11
NOTIFY THE STATE ENGINEER OF SUCH FACT , AND THE STATE ENGINEER12
SHALL REDESIGNATE THE POND AS A FIRE SUPPRESSION POND .13
(d) I
F THE NEEDS ASSESSMENT DESCRIBED IN SUBSECTION (8)(b)14
OF THIS SECTION INDICATES THAT THE POND NO LONGER SATISFIES THE15
CRITERIA ESTABLISHED BY RULES PROMULGATED PURSUANT TO SECTION16
37-82-107
(9), THE BOARD AND THE FIRE PROTECTION DISTRICT SHALL17
EITHER:18
(I) N
OTIFY THE STATE ENGINEER THAT THE DESIGNATION OF THE19
POND AS A FIRE SUPPRESSION POND SHOULD BE RESCINDED OR ALLOWED20
TO EXPIRE; OR21
(II) P
ROVIDE TO THE STATE ENGINEER A PLAN AND TIMELINE FOR22
BRINGING THE POND BACK INTO COMPLIANCE WITH THE CRITERIA .23
(9) T
HE STATE ENGINEER SHALL ESTABLISH A DISCRETE DATABASE24
FOR THE ADMINISTRATION OF PONDS THAT ARE DESIGNATED AS FIRE25
SUPPRESSION PONDS PURSUANT TO THIS SECTION .26
(10) N
OTWITHSTANDING ANY PROVISION OF LAW TO THE27
SB22-114
-12- CONTRARY, THE STATE ENGINEER SHALL NOT DESIGNATE ANY POND AS A1
FIRE SUPPRESSION POND UNLESS THE POND EXISTED AS OF JANUARY 1,2
1975.3
SECTION 4. In Colorado Revised Statutes, 37-92-602, amend4
(8)(a), (8)(b) introductory portion, and (8)(c)(I); and add (8)(b)(III) as5
follows:6
37-92-602. Exemptions - presumptions - legislative declaration7
- definitions. (8) (a) The general assembly hereby declares that storm8
water detention and infiltration facilities, and post-wildland fire facilities,9
AND FIRE SUPPRESSION PONDS are essential for the protection of public10
safety and welfare, property, and the environment.11
(b) For the purposes of AS USED IN this subsection (8):12
(III) "F
IRE SUPPRESSION POND" MEANS A POND THAT HAS BEEN:13
(A) I
DENTIFIED AS A POTENTIAL FIRE SUPPRESSION POND BY A14
BOARD OF COUNTY COMMISSIONERS IN CONSULTATION WITH A FIRE15
PROTECTION DISTRICT PURSUANT TO SECTION 37-82-107; AND16
(B) D
ESIGNATED AS A FIRE SUPPRESSION POND BY THE STATE17
ENGINEER PURSUANT TO SECTION 37-80-124.18
(c) (I) Storm water detention and infiltration facilities in existence19
on August 5, 2015, that are operated in compliance with paragraphs (b)
20
and (e) of this subsection (8) and SUBSECTIONS (8)(b) AND (8)(e) OF THIS21
SECTION; post-wildland fire facilities that are operated in compliance with22
paragraphs (b) and (e) of this subsection (8) SUBSECTIONS (8)(b) AND23
(8)(e)
OF THIS SECTION; AND THE DESIGNATION OF PONDS AS FIRE24
SUPPRESSION PONDS BY THE STATE ENGINEER PURSUANT TO SECTION25
37-80-124 do not cause material injury to vested water rights.26
SECTION 5. Act subject to petition - effective date. This act27
SB22-114
-13- takes effect at 12:01 a.m. on the day following the expiration of the1
ninety-day period after final adjournment of the general assembly; except2
that, if a referendum petition is filed pursuant to section 1 (3) of article V3
of the state constitution against this act or an item, section, or part of this4
act within such period, then the act, item, section, or part will not take5
effect unless approved by the people at the general election to be held in6
November 2022 and, in such case, will take effect on the date of the7
official declaration of the vote thereon by the governor.8
SB22-114
-14-