Colorado 2023 Regular Session

Colorado House Bill HB1220 Compare Versions

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1+First Regular Session
2+Seventy-fourth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 23-0333.01 Jennifer Berman x3286
18 HOUSE BILL 23-1220
2-BY REPRESENTATIVE(S) Holtorf and McCormick, Bockenfeld,
3-Amabile, Bird, Boesenecker, Bradfield, Bradley, Brown, DeGraaf, Duran,
4-Frizell, Jodeh, Lieder, Lindsay, Lukens, Lynch, Marshall, Martinez, Mauro,
5-McLachlan, Ortiz, Sharbini, Snyder, Soper, Titone, Velasco, Woodrow,
6-Young, McCluskie, Story;
7-also SENATOR(S) Pelton B. and Pelton R., Bridges, Cutter, Exum, Hansen,
8-Kirkmeyer, Lundeen, Marchman, Priola, Roberts, Simpson, Will, Winter F.
9+House Committees Senate Committees
10+Agriculture, Water & Natural Resources Appropriations
11+Appropriations
12+A BILL FOR AN ACT
913 C
10-ONCERNING A STUDY REGARDING THE ECONOMIC IMPACT OF THE
11-ELIMINATION OF LARGE
12--CAPACITY GROUNDWATER WITHDRAWAL
13-WITHIN THE
14-REPUBLICAN RIVER BASIN , AND, IN CONNECTION
15-THEREWITH
16-, REQUIRING THE COLORADO WATER CENTER TO CONDUCT
17-THE STUDY AND REPORT ITS FINDINGS AND CONCLUSIONS TO CERTAIN
18-LEGISLATIVE COMMITTEES AND MAKING AN APPROPRIATION
19-.
20-
21-Be it enacted by the General Assembly of the State of Colorado:
22-SECTION 1. In Colorado Revised Statutes, add 23-31-804 as
23-follows:
24-23-31-804. Republican river groundwater economic study -
14+ONCERNING A STUDY REGARDING THE ECONOMIC IMPACT OF THE101
15+ELIMINATION OF LARGE -CAPACITY GROUNDWATER102
16+WITHDRAWAL WITHIN THE REPUBLICAN RIVER BASIN, AND, IN103
17+CONNECTION THEREWITH , REQUIRING THE COLORADO WATER104
18+CENTER TO CONDUCT THE STUDY AND REPORT ITS FINDINGS AND105
19+CONCLUSIONS TO CE RTAIN LEGISLATIVE
20+COMMITTEES AND106
21+MAKING AN APPROPRIATION .107
22+Bill Summary
23+(Note: This summary applies to this bill as introduced and does
24+not reflect any amendments that may be subsequently adopted. If this bill
25+passes third reading in the house of introduction, a bill summary that
26+applies to the reengrossed version of this bill will be available at
27+http://leg.colorado.gov
28+.)
29+SENATE
30+3rd Reading Unamended
31+May 8, 2023
32+SENATE
33+2nd Reading Unamended
34+May 6, 2023
35+HOUSE
36+3rd Reading Unamended
37+May 5, 2023
38+HOUSE
39+Amended 2nd Reading
40+May 3, 2023
41+HOUSE SPONSORSHIP
42+Holtorf and McCormick, Bockenfeld, Amabile, Bird, Boesenecker, Bradfield, Bradley,
43+Brown, DeGraaf, Duran, Frizell, Jodeh, Lieder, Lindsay, Lukens, Lynch, Marshall, Martinez,
44+Mauro, McCluskie, McLachlan, Ortiz, Sharbini, Snyder, Soper, Story, Titone, Velasco,
45+Woodrow, Young
46+SENATE SPONSORSHIP
47+Pelton B. and Pelton R., Bridges, Cutter, Exum, Hansen, Kirkmeyer, Lundeen,
48+Marchman, Priola, Roberts, Simpson, Will, Winter F.
49+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
50+Capital letters or bold & italic numbers indicate new material to be added to existing law.
51+Dashes through the words or numbers indicate deletions from existing law. In 1942, Colorado entered into an interstate compact (compact)
52+with Nebraska and Kansas regarding the allocation of water from the
53+Republican river basin (basin). Colorado ratified the compact in 1943. In
54+2016, Colorado, Nebraska, and Kansas signed a resolution (resolution)
55+regarding a dispute about Colorado's compliance with the compact,
56+through which resolution and its amendment Colorado agreed to retire
57+25,000 acres of irrigated acreage in the basin by 2029.
58+The bill requires the Colorado water center (center) in the
59+Colorado state university to study the anticipated economic effects of the
60+forced elimination of groundwater withdrawals within and surrounding
61+the Colorado portion of the Republican river basin that could occur if
62+Colorado fails to comply with the resolution. The center is required to
63+prepare a progress report and, on or before January 1, 2026, a final report
64+of the center's findings and conclusions from the study and to post both
65+reports on the center's website. The center must present the progress and
66+final reports to certain legislative committees.
67+Be it enacted by the General Assembly of the State of Colorado:1
68+SECTION 1. In Colorado Revised Statutes, add 23-31-804 as2
69+follows:3
70+23-31-804. Republican river groundwater economic study -4
2571 reporting - legislative declaration - definitions - repeal. (1) T
26-HE
27-NOTE: This bill has been prepared for the signatures of the appropriate legislative
28-officers and the Governor. To determine whether the Governor has signed the bill
29-or taken other action on it, please consult the legislative status sheet, the legislative
30-history, or the Session Laws.
31-________
32-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
33-through words or numbers indicate deletions from existing law and such material is not part of
34-the act. GENERAL ASSEMBLY FINDS AND DECLARES THAT :
72+HE5
73+GENERAL ASSEMBLY FINDS AND DECLARES THAT :6
3574 (a) I
36-N 1942, THE GENERAL ASSEMBLY RATIFIED THE REPUBLICAN
37-RIVER COMPACT
38-, AN INTERSTATE COMPACT BETWEEN COLORADO,
75+N 1942, THE GENERAL ASSEMBLY RATIFIED THE REPUBLICAN7
76+RIVER COMPACT, AN INTERSTATE COMPACT BETWEEN COLORADO,8
3977 N
40-EBRASKA, AND KANSAS REGARDING THE ALLOCATION OF WATER AMONG
41-THE THREE STATES FROM THE
42-REPUBLICAN RIVER;
78+EBRASKA, AND KANSAS REGARDING THE ALLOCATION OF WATER AMONG9
79+THE THREE STATES FROM THE REPUBLICAN RIVER;10
4380 (b) V
44-ARIOUS DISAGREEMENTS AND LITIGATION HAVE ARISEN AMONG
45-THE THREE STATES REGARDING THE USE OF WATER AS ALLOCATED BY THE
46-COMPACT
47-;
81+ARIOUS DISAGREEMENTS AND LITIGATION HAVE ARISEN11
82+AMONG THE THREE STATES REGARDING THE USE OF WATER AS ALLOCATED12
83+BY THE COMPACT;13
4884 (c) I
49-N 2016, COLORADO, NEBRASKA, AND KANSAS, ACTING
50-THROUGH THE
51-REPUBLICAN RIVER COMPACT ADMINISTRATION , ADOPTED A
52-SERIES OF RESOLUTIONS RESOLVING VARIOUS DISPUTES AMONG THE THREE
53-STATES
54-;
85+N 2016, COLORADO, NEBRASKA, AND KANSAS, ACTING14
86+THROUGH THE REPUBLICAN RIVER COMPACT ADMINISTRATION , ADOPTED15
87+A SERIES OF RESOLUTIONS RESOLVING VARIOUS DISPUTES AMONG THE16
88+1220-2- THREE STATES;1
5589 (d) U
56-NDER THE TERMS OF ONE OF THE RESOLUTIONS , COLORADO
57-AGREED TO REDUCE THE NUMBER OF ACRES IRRIGATED WITHIN AN AREA OF
58-THE
59-REPUBLICAN RIVER BASIN KNOWN AS THE SOUTH FORK FOCUS ZONE BY
60-TWENTY
61--FIVE THOUSAND ACRES BY DECEMBER 31, 2029, WHICH ACTION IS
62-A SOLEMN OBLIGATION OF THE STATE
63-;
90+NDER THE TERMS OF ONE OF THE RESOLUTIONS , COLORADO2
91+AGREED TO REDUCE THE NUMBER OF ACRES IRRIGATED WITHIN AN AREA3
92+OF THE REPUBLICAN RIVER BASIN KNOWN AS THE SOUTH FORK FOCUS4
93+ZONE BY TWENTY-FIVE THOUSAND ACRES BY DECEMBER 31, 2029, WHICH5
94+ACTION IS A SOLEMN OBLIGATION OF THE STATE ;6
6495 (e) I
65-F COLORADO FAILS TO MEET ITS OBLIGATION UNDER THE TERMS
66-OF THE
67-SOUTH FORK FOCUS ZONE RESOLUTION, THE STATE ENGINEER COULD
68-BE REQUIRED TO CURTAIL ALL GROUNDWATER USE SUBJECT TO THE
69-REPUBLICAN RIVER COMPACT; AND
70-(f) IT IS APPROPRIATE FOR THE COLORADO WATER CENTER TO STUDY
71-THE ECONOMIC IMPACT THAT WILL RESULT IF
72-COLORADO FAILS TO MEET ITS
73-OBLIGATION UNDER THE TERMS OF THE
74-SOUTH FORK FOCUS ZONE
75-RESOLUTION AND THE STATE ENGINEER IS THEN REQUIRED TO CURTAIL ALL
76-LARGE
77--CAPACITY GROUNDWATER WITHDRAWALS WITHIN THE REPUBLICAN
78-RIVER BASIN
79-.
96+F COLORADO FAILS TO MEET ITS OBLIGATION UNDER THE7
97+TERMS OF THE SOUTH FORK FOCUS ZONE RESOLUTION , THE STATE8
98+ENGINEER COULD BE REQUIRED TO CURTAIL ALL GROUNDWATER USE9
99+SUBJECT TO THE REPUBLICAN RIVER COMPACT; AND10
100+(f) I
101+T IS APPROPRIATE FOR THE COLORADO WATER CENTER TO11
102+STUDY THE ECONOMIC IMPACT THAT WILL RESULT IF COLORADO FAILS TO12
103+MEET ITS OBLIGATION UNDER THE TERMS OF THE SOUTH FORK FOCUS ZONE13
104+RESOLUTION AND THE STATE ENGINEER IS THEN REQUIRED TO CURTAIL ALL14
105+LARGE-CAPACITY GROUNDWATER WITHDRAWALS WITHIN THE REPUBLICAN15
106+RIVER BASIN.16
80107 (2) A
81-S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
82-REQUIRES
83-:
108+S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE17
109+REQUIRES:18
84110 (a) "A
85-GRICULTURAL COMMITTEES " MEANS THE HOUSE OF
86-REPRESENTATIVES AGRICULTURE
87-, WATER, AND NATURAL RESOURCES
88-COMMITTEE AND THE SENATE AGRICULTURE AND NATURAL RESOURCES
89-PAGE 2-HOUSE BILL 23-1220 COMMITTEE, OR THEIR SUCCESSOR COMMITTEES .
111+GRICULTURAL COMMITTEES " MEANS THE HOUSE OF19
112+REPRESENTATIVES AGRICULTURE , WATER, AND NATURAL RESOURCES20
113+COMMITTEE AND THE SENATE AGRICULTU RE AND NATURAL RESOURCES21
114+COMMITTEE, OR THEIR SUCCESSOR COMMITTEES .22
90115 (b) N
91-OTWITHSTANDING SECTION 23-31-801 (1), "COLORADO WATER
92-CENTER
93-" OR "CENTER" MEANS THE INSTITUTE.
116+OTWITHSTANDING SECTION 23-31-801 (1), "COLORADO23
117+WATER CENTER" OR "CENTER" MEANS THE INSTITUTE.24
94118 (c) "L
95-ARGE-CAPACITY GROUNDWATER WITHDRAWAL " MEANS THE
96-LAWFUL ABILITY TO WITHDRAW WATER IN AN AMOUNT OF MORE THAN FIFTY
97-GALLONS PER MINUTE FROM A WELL
98-.
99-(d) "R
100-EPUBLICAN RIVER BASIN" HAS THE MEANING SET FORTH IN
101-SECTION
102-37-50-102 (5).
119+ARGE-CAPACITY GROUNDWATER WITHDRAWAL " MEANS THE25
120+LAWFUL ABILITY TO WITHDRAW WATER IN AN AMOUNT OF MORE THAN26
121+FIFTY GALLONS PER MINUTE FROM A WELL .27
122+1220
123+-3- (d) "REPUBLICAN RIVER BASIN" HAS THE MEANING SET FORTH IN1
124+SECTION 37-50-102 (5).2
103125 (e) "S
104-OUTH FORK FOCUS ZONE RESOLUTION " OR "RESOLUTION"
105-MEANS THE 2016 REPUBLICAN RIVER COMPACT ADMINISTRATION
106-RESOLUTION SIGNED BY THE COMMISSIONERS OF THE
107-REPUBLICAN RIVER
108-COMPACT ADMINISTRATION ON
109-AUGUST 24, 2016, IN WHICH THE STATE
110-AGREED TO RETIRE TWENTY
111--FIVE THOUSAND ACRES OF ITS IRRIGATED LANDS
112-WITHIN THE
113-SOUTH FORK FOCUS ZONE OF THE REPUBLICAN RIVER BASIN,
114-AND SUBSEQUENT RESOLUTIONS AMENDING THE TERMS OF THE RESOLUTION .
126+OUTH FORK FOCUS ZONE RESOLUTION " OR "RESOLUTION"3
127+MEANS THE 2016 REPUBLICAN RIVER COMPACT ADMINISTRATION4
128+RESOLUTION SIGNED BY THE COMMISSIONERS OF THE REPUBLICAN RIVER5
129+COMPACT ADMINISTRATION ON AUGUST 24, 2016, IN WHICH THE STATE6
130+AGREED TO RETIRE TWENTY -FIVE THOUSAND ACRES OF ITS IRRIGATED7
131+LANDS WITHIN THE SOUTH FORK FOCUS ZONE OF THE REPUBLICAN RIVER8
132+BASIN, AND SUBSEQUENT RESOLUTIONS AMENDING THE TERMS OF THE9
133+RESOLUTION.10
115134 (f) "S
116-TATE ENGINEER" MEANS THE STATE ENGINEER APPOINTED BY
117-THE GOVERNOR PURSUANT TO SECTION
118-37-80-101.
135+TATE ENGINEER" MEANS THE STATE ENGINEER APPOINTED BY11
136+THE GOVERNOR PURSUANT TO SECTION 37-80-101.12
119137 (g) "W
120-ATER RESOURCES AND AGRICULTURE REVIEW COMMITTEE "
121-MEANS THE WATER RESOURCES AND AGRICULTURE REVIEW COMMITTEE
122-CREATED IN SECTION
123-37-98-102 (1)(a)(I).
138+ATER RESOURCES AND AGRICULTURE REVIEW COMMITTEE "13
139+MEANS THE WATER RESOURCES AND AGRICULTURE REVIEW COMMITTEE14
140+CREATED IN SECTION 37-98-102 (1)(a)(I).15
124141 (3) O
125-N OR BEFORE JANUARY 1, 2026, THE COLORADO WATER CENTER
126-SHALL COMPLETE A STUDY OF THE ECONOMIC IMPACT THAT WILL RESULT IF
127-COLORADO FAILS TO MEET ITS OBLIGATION UNDER THE TERMS OF THE SOUTH
128-FORK FOCUS ZONE RESOLUTION AND THE STATE ENGINEER IS THEN REQUIRED
129-TO CURTAIL ALL LARGE
130--CAPACITY GROUNDWATER WITHDRAWALS WITHIN
131-THE
132-REPUBLICAN RIVER BASIN. IN CONDUCTING THE STUDY, THE COLORADO
133-WATER CENTER SHALL EXAMINE THE ECONOMIC IMPACT TO THE AREAS OF
134-COLORADO, NEBRASKA, AND KANSAS AFFECTED BY THE REPUBLICAN RIVER
135-BASIN
136-.
142+N OR BEFORE JANUARY 1, 2026, THE COLORADO WATER16
143+CENTER SHALL COMPLETE A STUDY OF THE ECONOMIC IMPACT THAT WILL17
144+RESULT IF COLORADO FAILS TO MEET ITS OBLIGATION UNDER THE TERMS18
145+OF THE SOUTH FORK FOCUS ZONE RESOLUTION AND THE STATE ENGINEER19
146+IS THEN REQUIRED TO CURTAIL ALL LARGE -CAPACITY GROUNDWATER20
147+WITHDRAWALS WITHIN THE REPUBLICAN RIVER BASIN. IN CONDUCTING21
148+THE STUDY, THE COLORADO WATER CENTER SHALL EXAMINE THE22
149+ECONOMIC IMPACT TO THE AREAS OF COLORADO, NEBRASKA, AND23
150+K
151+ANSAS AFFECTED BY THE REPUBLICAN RIVER BASIN.24
137152 (4) T
138-HE CENTER SHALL:
153+HE CENTER SHALL:25
139154 (a) P
140-REPARE A PROGRESS REPORT OF THE STUDY CONDUCTED
141-PAGE 3-HOUSE BILL 23-1220 PURSUANT TO THIS SECTION AND PRESENT THE PROGRESS REPORT TO A JOINT
142-COMMITTEE OF THE AGRICULTURAL COMMITTEES DURING THE JOINT
143-COMMITTEE
144-'S 2025 HEARING HELD PURSUANT TO SECTION 2-7-203 OF THE
145-"SMART ACT", PART 2 OF ARTICLE 7 OF TITLE 2. THE CENTER SHALL SUBMIT
146-A COPY OF THE PROGRESS REPORT TO THE WATER RESOURCES AND
147-AGRICULTURE REVIEW COMMITTEE AND
148-, UPON REQUEST OF THE COMMITTEE,
149-PRESENT THE PROGRESS REPORT TO THE COMMITTEE .
155+REPARE A PROGRESS REPORT OF THE STUDY CONDUCTED26
156+PURSUANT TO THIS SECTION AND PRESENT THE PROGRESS REPORT TO A27
157+1220
158+-4- JOINT COMMITTEE OF THE AGRICULTURAL COMMITTEES DURING THE JOINT1
159+COMMITTEE'S 2025 HEARING HELD PURSUANT TO SECTION 2-7-203 OF THE2
160+"SMART
161+ ACT", PART 2 OF ARTICLE 7 OF TITLE 2. THE CENTER SHALL3
162+SUBMIT A COPY OF THE PROGRESS REPORT TO THE WATER RESOURCES AND4
163+AGRICULTURE REVIEW COMMITTEE AND , UPON REQUEST OF THE5
164+COMMITTEE, PRESENT THE PROGRESS REPORT TO THE COMMITTEE .6
150165 (b) O
151-N OR BEFORE JANUARY 1, 2026, PREPARE A FINAL REPORT OF
152-THE FINDINGS AND CONCLUSIONS FROM THE STUDY AND POST THE FINAL
153-REPORT ON THE CENTER
154-'S WEBSITE; AND
155-(c) DURING THE 2026 CALENDAR YEAR, PRESENT THE FINAL REPORT:
166+N OR BEFORE JANUARY 1, 2026, PREPARE A FINAL REPORT OF7
167+THE FINDINGS AND CONCLUSIONS FROM THE STUDY AND POST THE FINAL8
168+REPORT ON THE CENTER'S WEBSITE; AND9
169+(c) D
170+URING THE 2026 CALENDAR YEAR, PRESENT THE FINAL10
171+REPORT:11
156172 (I) T
157-O THE WATER RESOURCES AND AGRICULTURE REVIEW
158-COMMITTEE
159-; AND
160-(II) TO THE JOINT COMMITTEE OF THE AGRICULTURAL COMMITTEES .
173+O THE WATER RESOURCES AND AGRICULTURE REVIEW12
174+COMMITTEE; AND13
175+(II) T
176+O THE JOINT COMMITTEE OF THE AGRICULTURAL14
177+COMMITTEES.15
161178 (5) T
162-HIS SECTION IS REPEALED, EFFECTIVE JANUARY 1, 2027.
163-SECTION 2. In Colorado Revised Statutes, 23-3.3-103, add (19)
164-as follows:
165-23-3.3-103. Annual appropriations - repeal. (19) (a) T
166-HE
167-PROVISIONS OF SUBSECTION
168-(1) OF THIS SECTION CONCERNING
169-APPROPRIATIONS FOR STUDENT FINANCIAL ASSISTANCE UNDER THIS ARTICLE
170-3.3 DO NOT APPLY TO APPROPRIATIONS MADE FOR THE PURPOSE OF
171-CONDUCTING A
172-REPUBLICAN RIVER GROUNDWATER ECONOMIC IMPACT
173-STUDY PURSUANT TO SECTION
174-23-31-804.
175-(b) T
176-HIS SUBSECTION (19) IS REPEALED, EFFECTIVE JULY 1, 2027.
177-SECTION 3. Appropriation. For the 2023-24 state fiscal year,
178-$146,286 is appropriated to the department of higher education. This
179-appropriation is from the general fund. To implement this act, the
180-department may use this appropriation for the board of governors of the
181-Colorado state university system for allocation to the Colorado water center.
182-SECTION 4. Safety clause. The general assembly hereby finds,
183-PAGE 4-HOUSE BILL 23-1220 determines, and declares that this act is necessary for the immediate
184-preservation of the public peace, health, or safety.
185-____________________________ ____________________________
186-Julie McCluskie Steve Fenberg
187-SPEAKER OF THE HOUSE PRESIDENT OF
188-OF REPRESENTATIVES THE SENATE
189-____________________________ ____________________________
190-Robin Jones Cindi L. Markwell
191-CHIEF CLERK OF THE HOUSE SECRETARY OF
192-OF REPRESENTATIVES THE SENATE
193- APPROVED________________________________________
194- (Date and Time)
195- _________________________________________
196- Jared S. Polis
197- GOVERNOR OF THE STATE OF COLORADO
198-PAGE 5-HOUSE BILL 23-1220
179+HIS SECTION IS REPEALED, EFFECTIVE JANUARY 1, 2027.16
180+SECTION 2. In Colorado Revised Statutes, 23-3.3-103, add (12)17
181+as follows:18
182+23-3.3-103. Annual appropriations - repeal. (12) (a) THE19
183+PROVISIONS OF SUBSECTION (1) OF THIS SECTION CONCERNING20
184+APPROPRIATIONS FOR STUDENT FINANCIAL ASSISTANCE UNDER THIS21
185+ARTICLE 3.3 DO NOT APPLY TO APPROPRIATIONS MADE FOR THE PURPOSE22
186+OF CONDUCTING A REPUBLICAN RIVER GROUNDWATER ECONOMIC IMPACT23
187+STUDY PURSUANT TO SECTION 23-31-804.24
188+(b) THIS SUBSECTION (12) IS REPEALED, EFFECTIVE JULY 1, 2027.25
189+ SECTION 3. Appropriation. (1) For the 2023-24 state fiscal26
190+year, $146,286 is appropriated to the department of higher education. This27
191+1220
192+-5- appropriation is from the general fund. To implement this act, the1
193+department may use this appropriation for the board of governors of the2
194+Colorado state university system for allocation to the Colorado water3
195+center.4
196+SECTION 4. Safety clause. The general assembly hereby finds,5
197+determines, and declares that this act is necessary for the immediate6
198+preservation of the public peace, health, or safety.7
199+1220
200+-6-