First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 23-0333.01 Jennifer Berman x3286
HOUSE BILL 23-1220
House Committees Senate Committees
Agriculture, Water & Natural Resources
Appropriations
A BILL FOR AN ACT
C
ONCERNING A STUDY REGARDING THE ECONOMIC IMPACT OF THE101
ELIMINATION OF LARGE -CAPACITY GROUNDWATER102
WITHDRAWAL WITHIN THE REPUBLICAN RIVER BASIN, AND, IN103
CONNECTION THEREWITH , REQUIRING THE COLORADO WATER104
CENTER TO CONDUCT THE STUDY AND REPORT ITS FINDINGS AND105
CONCLUSIONS TO CE RTAIN LEGISLATIVE
COMMITTEES AND106
MAKING AN APPROPRIATION .107
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
.)
HOUSE
Amended 2nd Reading
May 3, 2023
HOUSE SPONSORSHIP
Holtorf and McCormick, Bockenfeld
SENATE SPONSORSHIP
Pelton B. and Pelton R.,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. In 1942, Colorado entered into an interstate compact (compact)
with Nebraska and Kansas regarding the allocation of water from the
Republican river basin (basin). Colorado ratified the compact in 1943. In
2016, Colorado, Nebraska, and Kansas signed a resolution (resolution)
regarding a dispute about Colorado's compliance with the compact,
through which resolution and its amendment Colorado agreed to retire
25,000 acres of irrigated acreage in the basin by 2029.
The bill requires the Colorado water center (center) in the
Colorado state university to study the anticipated economic effects of the
forced elimination of groundwater withdrawals within and surrounding
the Colorado portion of the Republican river basin that could occur if
Colorado fails to comply with the resolution. The center is required to
prepare a progress report and, on or before January 1, 2026, a final report
of the center's findings and conclusions from the study and to post both
reports on the center's website. The center must present the progress and
final reports to certain legislative committees.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 23-31-804 as2
follows:3
23-31-804. Republican river groundwater economic study -4
reporting - legislative declaration - definitions - repeal. (1) T
HE5
GENERAL ASSEMBLY FINDS AND DECLARES THAT :6
(a) I
N 1942, THE GENERAL ASSEMBLY RATIFIED THE REPUBLICAN7
RIVER COMPACT, AN INTERSTATE COMPACT BETWEEN COLORADO,8
N
EBRASKA, AND KANSAS REGARDING THE ALLOCATION OF WATER AMONG9
THE THREE STATES FROM THE REPUBLICAN RIVER;10
(b) V
ARIOUS DISAGREEMENTS AND LITIGATION HAVE ARISEN11
AMONG THE THREE STATES REGARDING THE USE OF WATER AS ALLOCATED12
BY THE COMPACT;13
(c) I
N 2016, COLORADO, NEBRASKA, AND KANSAS, ACTING14
THROUGH THE REPUBLICAN RIVER COMPACT ADMINISTRATION , ADOPTED15
A SERIES OF RESOLUTIONS RESOLVING VARIOUS DISPUTES AMONG THE16
1220-2- THREE STATES;1
(d) U
NDER THE TERMS OF ONE OF THE RESOLUTIONS , COLORADO2
AGREED TO REDUCE THE NUMBER OF ACRES IRRIGATED WITHIN AN AREA3
OF THE REPUBLICAN RIVER BASIN KNOWN AS THE SOUTH FORK FOCUS4
ZONE BY TWENTY-FIVE THOUSAND ACRES BY DECEMBER 31, 2029, WHICH5
ACTION IS A SOLEMN OBLIGATION OF THE STATE ;6
(e) I
F COLORADO FAILS TO MEET ITS OBLIGATION UNDER THE7
TERMS OF THE SOUTH FORK FOCUS ZONE RESOLUTION , THE STATE8
ENGINEER COULD BE REQUIRED TO CURTAIL ALL GROUNDWATER USE9
SUBJECT TO THE REPUBLICAN RIVER COMPACT; AND10
(f) I
T IS APPROPRIATE FOR THE COLORADO WATER CENTER TO11
STUDY THE ECONOMIC IMPACT THAT WILL RESULT IF COLORADO FAILS TO12
MEET ITS OBLIGATION UNDER THE TERMS OF THE SOUTH FORK FOCUS ZONE13
RESOLUTION AND THE STATE ENGINEER IS THEN REQUIRED TO CURTAIL ALL14
LARGE-CAPACITY GROUNDWATER WITHDRAWALS WITHIN THE REPUBLICAN15
RIVER BASIN.16
(2) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE17
REQUIRES:18
(a) "A
GRICULTURAL COMMITTEES " MEANS THE HOUSE OF19
REPRESENTATIVES AGRICULTURE , WATER, AND NATURAL RESOURCES20
COMMITTEE AND THE SENATE AGRICULTU RE AND NATURAL RESOURCES21
COMMITTEE, OR THEIR SUCCESSOR COMMITTEES .22
(b) N
OTWITHSTANDING SECTION 23-31-801 (1), "COLORADO23
WATER CENTER" OR "CENTER" MEANS THE INSTITUTE.24
(c) "L
ARGE-CAPACITY GROUNDWATER WITHDRAWAL " MEANS THE25
LAWFUL ABILITY TO WITHDRAW WATER IN AN AMOUNT OF MORE THAN26
FIFTY GALLONS PER MINUTE FROM A WELL .27
1220
-3- (d) "REPUBLICAN RIVER BASIN" HAS THE MEANING SET FORTH IN1
SECTION 37-50-102 (5).2
(e) "S
OUTH FORK FOCUS ZONE RESOLUTION " OR "RESOLUTION"3
MEANS THE 2016 REPUBLICAN RIVER COMPACT ADMINISTRATION4
RESOLUTION SIGNED BY THE COMMISSIONERS OF THE REPUBLICAN RIVER5
COMPACT ADMINISTRATION ON AUGUST 24, 2016, IN WHICH THE STATE6
AGREED TO RETIRE TWENTY -FIVE THOUSAND ACRES OF ITS IRRIGATED7
LANDS WITHIN THE SOUTH FORK FOCUS ZONE OF THE REPUBLICAN RIVER8
BASIN, AND SUBSEQUENT RESOLUTIONS AMENDING THE TERMS OF THE9
RESOLUTION.10
(f) "S
TATE ENGINEER" MEANS THE STATE ENGINEER APPOINTED BY11
THE GOVERNOR PURSUANT TO SECTION 37-80-101.12
(g) "W
ATER RESOURCES AND AGRICULTURE REVIEW COMMITTEE "13
MEANS THE WATER RESOURCES AND AGRICULTURE REVIEW COMMITTEE14
CREATED IN SECTION 37-98-102 (1)(a)(I).15
(3) O
N OR BEFORE JANUARY 1, 2026, THE COLORADO WATER16
CENTER SHALL COMPLETE A STUDY OF THE ECONOMIC IMPACT THAT WILL17
RESULT IF COLORADO FAILS TO MEET ITS OBLIGATION UNDER THE TERMS18
OF THE SOUTH FORK FOCUS ZONE RESOLUTION AND THE STATE ENGINEER19
IS THEN REQUIRED TO CURTAIL ALL LARGE -CAPACITY GROUNDWATER20
WITHDRAWALS WITHIN THE REPUBLICAN RIVER BASIN. IN CONDUCTING21
THE STUDY, THE COLORADO WATER CENTER SHALL EXAMINE THE22
ECONOMIC IMPACT TO THE AREAS OF COLORADO, NEBRASKA, AND23
K
ANSAS AFFECTED BY THE REPUBLICAN RIVER BASIN.24
(4) T
HE CENTER SHALL:25
(a) P
REPARE A PROGRESS REPORT OF THE STUDY CONDUCTED26
PURSUANT TO THIS SECTION AND PRESENT THE PROGRESS REPORT TO A27
1220
-4- JOINT COMMITTEE OF THE AGRICULTURAL COMMITTEES DURING THE JOINT1
COMMITTEE'S 2025 HEARING HELD PURSUANT TO SECTION 2-7-203 OF THE2
"SMART
ACT", PART 2 OF ARTICLE 7 OF TITLE 2. THE CENTER SHALL3
SUBMIT A COPY OF THE PROGRESS REPORT TO THE WATER RESOURCES AND4
AGRICULTURE REVIEW COMMITTEE AND , UPON REQUEST OF THE5
COMMITTEE, PRESENT THE PROGRESS REPORT TO THE COMMITTEE .6
(b) O
N OR BEFORE JANUARY 1, 2026, PREPARE A FINAL REPORT OF7
THE FINDINGS AND CONCLUSIONS FROM THE STUDY AND POST THE FINAL8
REPORT ON THE CENTER'S WEBSITE; AND9
(c) D
URING THE 2026 CALENDAR YEAR, PRESENT THE FINAL10
REPORT:11
(I) T
O THE WATER RESOURCES AND AGRICULTURE REVIEW12
COMMITTEE; AND13
(II) T
O THE JOINT COMMITTEE OF THE AGRICULTURAL14
COMMITTEES.15
(5) T
HIS SECTION IS REPEALED, EFFECTIVE JANUARY 1, 2027.16
SECTION 2. In Colorado Revised Statutes, 23-3.3-103, add (12)17
as follows:18
23-3.3-103. Annual appropriations - repeal. (12) (a) THE19
PROVISIONS OF SUBSECTION (1) OF THIS SECTION CONCERNING20
APPROPRIATIONS FOR STUDENT FINANCIAL ASSISTANCE UNDER THIS21
ARTICLE 3.3 DO NOT APPLY TO APPROPRIATIONS MADE FOR THE PURPOSE22
OF CONDUCTING A REPUBLICAN RIVER GROUNDWATER ECONOMIC IMPACT23
STUDY PURSUANT TO SECTION 23-31-804.24
(b) THIS SUBSECTION (12) IS REPEALED, EFFECTIVE JULY 1, 2027.25
SECTION 3. Appropriation. (1) For the 2023-24 state fiscal26
year, $146,286 is appropriated to the department of higher education. This27
1220
-5- appropriation is from the general fund. To implement this act, the1
department may use this appropriation for the board of governors of the2
Colorado state university system for allocation to the Colorado water3
center.4
SECTION 4. Safety clause. The general assembly hereby finds,5
determines, and declares that this act is necessary for the immediate6
preservation of the public peace, health, or safety.7
1220
-6-