HOUSE BILL 23-1220
BY REPRESENTATIVE(S) Holtorf and McCormick, Bockenfeld,
Amabile, Bird, Boesenecker, Bradfield, Bradley, Brown, DeGraaf, Duran,
Frizell, Jodeh, Lieder, Lindsay, Lukens, Lynch, Marshall, Martinez, Mauro,
McLachlan, Ortiz, Sharbini, Snyder, Soper, Titone, Velasco, Woodrow,
Young, McCluskie, Story;
also SENATOR(S) Pelton B. and Pelton R., Bridges, Cutter, Exum, Hansen,
Kirkmeyer, Lundeen, Marchman, Priola, Roberts, Simpson, Will, Winter F.
C
ONCERNING A STUDY REGARDING THE ECONOMIC IMPACT OF THE
ELIMINATION OF LARGE
-CAPACITY GROUNDWATER WITHDRAWAL
WITHIN THE
REPUBLICAN RIVER BASIN , AND, IN CONNECTION
THEREWITH
, REQUIRING THE COLORADO WATER CENTER TO CONDUCT
THE STUDY AND REPORT ITS FINDINGS AND CONCLUSIONS TO CERTAIN
LEGISLATIVE COMMITTEES AND MAKING AN APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 23-31-804 as
follows:
23-31-804. Republican river groundwater economic study -
reporting - legislative declaration - definitions - repeal. (1) T
HE
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. GENERAL ASSEMBLY FINDS AND DECLARES THAT :
(a) I
N 1942, THE GENERAL ASSEMBLY RATIFIED THE REPUBLICAN
RIVER COMPACT
, AN INTERSTATE COMPACT BETWEEN COLORADO,
N
EBRASKA, AND KANSAS REGARDING THE ALLOCATION OF WATER AMONG
THE THREE STATES FROM THE
REPUBLICAN RIVER;
(b) V
ARIOUS DISAGREEMENTS AND LITIGATION HAVE ARISEN AMONG
THE THREE STATES REGARDING THE USE OF WATER AS ALLOCATED BY THE
COMPACT
;
(c) I
N 2016, COLORADO, NEBRASKA, AND KANSAS, ACTING
THROUGH THE
REPUBLICAN RIVER COMPACT ADMINISTRATION , ADOPTED A
SERIES OF RESOLUTIONS RESOLVING VARIOUS DISPUTES AMONG THE THREE
STATES
;
(d) U
NDER THE TERMS OF ONE OF THE RESOLUTIONS , COLORADO
AGREED TO REDUCE THE NUMBER OF ACRES IRRIGATED WITHIN AN AREA OF
THE
REPUBLICAN RIVER BASIN KNOWN AS THE SOUTH FORK FOCUS ZONE BY
TWENTY
-FIVE THOUSAND ACRES BY DECEMBER 31, 2029, WHICH ACTION IS
A SOLEMN OBLIGATION OF THE STATE
;
(e) I
F COLORADO FAILS TO MEET ITS OBLIGATION UNDER THE TERMS
OF THE
SOUTH FORK FOCUS ZONE RESOLUTION, THE STATE ENGINEER COULD
BE REQUIRED TO CURTAIL ALL GROUNDWATER USE SUBJECT TO THE
REPUBLICAN RIVER COMPACT; AND
(f) IT IS APPROPRIATE FOR THE COLORADO WATER CENTER TO STUDY
THE ECONOMIC IMPACT THAT WILL RESULT IF
COLORADO FAILS TO MEET ITS
OBLIGATION UNDER THE TERMS OF THE
SOUTH FORK FOCUS ZONE
RESOLUTION AND THE STATE ENGINEER IS THEN REQUIRED TO CURTAIL ALL
LARGE
-CAPACITY GROUNDWATER WITHDRAWALS WITHIN THE REPUBLICAN
RIVER BASIN
.
(2) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
:
(a) "A
GRICULTURAL COMMITTEES " MEANS THE HOUSE OF
REPRESENTATIVES AGRICULTURE
, WATER, AND NATURAL RESOURCES
COMMITTEE AND THE SENATE AGRICULTURE AND NATURAL RESOURCES
PAGE 2-HOUSE BILL 23-1220 COMMITTEE, OR THEIR SUCCESSOR COMMITTEES .
(b) N
OTWITHSTANDING SECTION 23-31-801 (1), "COLORADO WATER
CENTER
" OR "CENTER" MEANS THE INSTITUTE.
(c) "L
ARGE-CAPACITY GROUNDWATER WITHDRAWAL " MEANS THE
LAWFUL ABILITY TO WITHDRAW WATER IN AN AMOUNT OF MORE THAN FIFTY
GALLONS PER MINUTE FROM A WELL
.
(d) "R
EPUBLICAN RIVER BASIN" HAS THE MEANING SET FORTH IN
SECTION
37-50-102 (5).
(e) "S
OUTH FORK FOCUS ZONE RESOLUTION " OR "RESOLUTION"
MEANS THE 2016 REPUBLICAN RIVER COMPACT ADMINISTRATION
RESOLUTION SIGNED BY THE COMMISSIONERS OF THE
REPUBLICAN RIVER
COMPACT ADMINISTRATION ON
AUGUST 24, 2016, IN WHICH THE STATE
AGREED TO RETIRE TWENTY
-FIVE THOUSAND ACRES OF ITS IRRIGATED LANDS
WITHIN THE
SOUTH FORK FOCUS ZONE OF THE REPUBLICAN RIVER BASIN,
AND SUBSEQUENT RESOLUTIONS AMENDING THE TERMS OF THE RESOLUTION .
(f) "S
TATE ENGINEER" MEANS THE STATE ENGINEER APPOINTED BY
THE GOVERNOR PURSUANT TO SECTION
37-80-101.
(g) "W
ATER RESOURCES AND AGRICULTURE REVIEW COMMITTEE "
MEANS THE WATER RESOURCES AND AGRICULTURE REVIEW COMMITTEE
CREATED IN SECTION
37-98-102 (1)(a)(I).
(3) O
N OR BEFORE JANUARY 1, 2026, THE COLORADO WATER CENTER
SHALL COMPLETE A STUDY OF THE ECONOMIC IMPACT THAT WILL RESULT IF
COLORADO FAILS TO MEET ITS OBLIGATION UNDER THE TERMS OF THE SOUTH
FORK FOCUS ZONE RESOLUTION AND THE STATE ENGINEER IS THEN REQUIRED
TO CURTAIL ALL LARGE
-CAPACITY GROUNDWATER WITHDRAWALS WITHIN
THE
REPUBLICAN RIVER BASIN. IN CONDUCTING THE STUDY, THE COLORADO
WATER CENTER SHALL EXAMINE THE ECONOMIC IMPACT TO THE AREAS OF
COLORADO, NEBRASKA, AND KANSAS AFFECTED BY THE REPUBLICAN RIVER
BASIN
.
(4) T
HE CENTER SHALL:
(a) P
REPARE A PROGRESS REPORT OF THE STUDY CONDUCTED
PAGE 3-HOUSE BILL 23-1220 PURSUANT TO THIS SECTION AND PRESENT THE PROGRESS REPORT TO A JOINT
COMMITTEE OF THE AGRICULTURAL COMMITTEES DURING THE JOINT
COMMITTEE
'S 2025 HEARING HELD PURSUANT TO SECTION 2-7-203 OF THE
"SMART ACT", PART 2 OF ARTICLE 7 OF TITLE 2. THE CENTER SHALL SUBMIT
A COPY OF THE PROGRESS REPORT TO THE WATER RESOURCES AND
AGRICULTURE REVIEW COMMITTEE AND
, UPON REQUEST OF THE COMMITTEE,
PRESENT THE PROGRESS REPORT TO THE COMMITTEE .
(b) O
N OR BEFORE JANUARY 1, 2026, PREPARE A FINAL REPORT OF
THE FINDINGS AND CONCLUSIONS FROM THE STUDY AND POST THE FINAL
REPORT ON THE CENTER
'S WEBSITE; AND
(c) DURING THE 2026 CALENDAR YEAR, PRESENT THE FINAL REPORT:
(I) T
O THE WATER RESOURCES AND AGRICULTURE REVIEW
COMMITTEE
; AND
(II) TO THE JOINT COMMITTEE OF THE AGRICULTURAL COMMITTEES .
(5) T
HIS SECTION IS REPEALED, EFFECTIVE JANUARY 1, 2027.
SECTION 2. In Colorado Revised Statutes, 23-3.3-103, add (19)
as follows:
23-3.3-103. Annual appropriations - repeal. (19) (a) T
HE
PROVISIONS OF SUBSECTION
(1) OF THIS SECTION CONCERNING
APPROPRIATIONS FOR STUDENT FINANCIAL ASSISTANCE UNDER THIS ARTICLE
3.3 DO NOT APPLY TO APPROPRIATIONS MADE FOR THE PURPOSE OF
CONDUCTING A
REPUBLICAN RIVER GROUNDWATER ECONOMIC IMPACT
STUDY PURSUANT TO SECTION
23-31-804.
(b) T
HIS SUBSECTION (19) IS REPEALED, EFFECTIVE JULY 1, 2027.
SECTION 3. Appropriation. For the 2023-24 state fiscal year,
$146,286 is appropriated to the department of higher education. This
appropriation is from the general fund. To implement this act, the
department may use this appropriation for the board of governors of the
Colorado state university system for allocation to the Colorado water center.
SECTION 4. Safety clause. The general assembly hereby finds,
PAGE 4-HOUSE BILL 23-1220 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 5-HOUSE BILL 23-1220