SENATE BILL 23-270
BY SENATOR(S) Roberts and Simpson, Bridges, Buckner, Coleman,
Cutter, Exum, Fields, Ginal, Hinrichsen, Jaquez Lewis, Kolker, Marchman,
Mullica, Pelton B., Priola, Will, Winter F., Zenzinger, Fenberg;
also REPRESENTATIVE(S) McCormick and Catlin, Amabile, Bacon,
Bird, Boesenecker, Bradley, Brown, Daugherty, DeGraaf, deGruy Kennedy,
Dickson, Duran, English, Frizell, Gonzales-Gutierrez, Hamrick, Herod,
Jodeh, Joseph, Kipp, Lindsay, Lukens, Lynch, Marshall, McLachlan,
Michaelson Jenet, Ricks, Sharbini, Story, Taggart, Titone, Valdez, Velasco,
Wilson, Young, McCluskie.
C
ONCERNING ACTIVITIES THAT RESTORE THE ENVIRONMENTAL HEALTH OF
NATURAL STREAM SYSTEMS WITHOUT ADMINISTRATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds that:
(a) Functioning natural streams are beneficial to all Coloradans
because they provide clean water for farms and cities as well as broad-based
public safety and ecological services, including:
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. (I) Forest and watershed health;
(II) Wildfire mitigation and recovery;
(III) Flood safety;
(IV) Water quality;
(V) Recreation; and
(VI) Riparian and aquatic habitats;
(b) Functioning natural streams that are connected to floodplains
balance the patterns of sediment erosion and deposition, which protects
water infrastructure, including diversion structures, ditches, pumps, pipes,
and reservoirs, that are susceptible to damage and adverse impacts from
sedimentation, especially sedimentation resulting from fires and floods;
(c) Stream restoration projects are an essential tool for water project
developers and wastewater and stormwater dischargers to meet regulatory
obligations;
(d) Stream restoration projects address the legacy of water quality
and habitat impacts from abandoned mines or catastrophic mine spills that
have deprived entire communities of safe drinking water; and
(e) The Colorado water plan sets a vision for thriving watersheds
and calls for multi-benefit projects that restore stream health to enhance
water supply security for agriculture, communities, tourism, and ecosystem
function.
(2) The general assembly therefore declares that, because of the vast
amount of benefits that natural streams provide the state's communities and
environment, the state should facilitate and encourage the commencement
of projects that restore the environmental health of natural stream systems.
SECTION 2. In Colorado Revised Statutes, 37-92-602, add (9) as
follows:
37-92-602. Exemptions - presumptions - stream restoration
PAGE 2-SENATE BILL 23-270 projects - report - legislative declaration - definitions. (9) (a) T HE
GENERAL ASSEMBLY HEREBY DECLARES THAT STREAM RESTORATION
PROJECTS ARE ESSENTIAL FOR THE PROTECTION OF PUBLIC SAFETY
, WELFARE,
PROPERTY, AND THE ENVIRONMENT.
(b) A
S USED IN THIS SUBSECTION (9), UNLESS THE CONTEXT
OTHERWISE REQUIRES
:
(I) "M
INOR STREAM RESTORATION ACTIVITY " MEANS ANY OR ALL OF
THE FOLLOWING ACTIVITIES
:
(A) S
TABILIZING THE BANKS OR SUBSTRATE OF A NATURAL STREAM
WITH HARD
, BIOENGINEERED, OR NATURAL MATERIALS THAT , UNDER LESS
THAN EXTREME FLOW CONDITIONS
, ALLOW WATER TO FLOW DOWNSTREAM ,
DO NOT CAUSE THE WATER LEVEL TO EXCEED THE ORDINARY HIGH WATER
MARK
, AND MAY INCIDENTALLY INCREASE SURFACE AREA OF THE NATURAL
STREAM
;
(B) M
ECHANICAL GRADING OF THE GROUND SURFACE AL ONG A
NATURAL STREAM SYSTEM IN A MANNER THAT DOES NOT RESULT IN
GROUNDWATER EXPOSURE
, DIVERSIONS OF SURFACE WATER , OR THE
COLLECTION OF STORM WATER
;
(C) S
TABILIZING AN EPHEMERAL OR INTERMITTENT NATURAL
STREAM BY INSTALLING DEFORMABLE AND POROUS STRUCTURES INTO THE
BANKS AND SUBSTRATE
, WHICH MAY INCIDENTALLY AND TEMPORARILY
INCREASE SURFACE AREA OR INFILTRATION
;
(D) D
AYLIGHTING A NATURAL STREAM THAT HAS BEEN PIPED OR
BURIED
;
(E) R
EDUCING THE SURFACE AREA OF A NATURAL STREAM TO
ADDRESS REDUCTIONS IN HISTORICAL FLOW AMOUNTS
; AND
(F) INSTALLING STRUCTURES OR RECONSTRUCTING A CHANNEL IN A
NATURAL STREAM SYSTEM FOR THE SOLE PURPOSE OF RECOVERY FROM THE
IMPACTS OF A WILDLAND FIRE OR FLOOD EMERGENCY
.
(II) "N
ATURAL STREAM" HAS THE MEANING SET FORTH IN SECTION
37-87-102 (1)(b).
PAGE 3-SENATE BILL 23-270 (III) "NATURAL STREAM SYSTEM" MEANS THE EXTENT OF A NATURAL
STREAM IN THE STATE AND THE GEOMORPHIC FLOODPLAIN AND ASSOCIATED
RIPARIAN AREA
.
(IV) "S
TREAM RESTORATION PROJECT " MEANS A PROJECT THAT IS
DESIGNED AND CONSTRUCTED
:
(A) W
ITHIN A NATURAL STREAM SYSTEM ; AND
(B) FOR THE PURPOSES OF WILDLAND FIRE MITIGATION ; FLOOD
MITIGATION
; BANK STABILIZATION; WATER QUALITY PROTECTION OR
RESTORATION
; HABITAT, SPECIES, OR ECOSYSTEM RESTORATION ; SOURCE
WATER PROTECTION
; INFRASTRUCTURE PROTECTION ; OR SEDIMENT AND
EROSION MANAGEMENT
.
(c) I
F A STREAM RESTORATION PROJECT IS LIMITED TO ONE OR MORE
MINOR STREAM RESTORATION ACTIVITIES
:
(I) T
HE STREAM RESTORATION PROJECT DOES NOT CAUSE MATERIAL
INJURY TO ANY VESTED WATER RIGHT
; AND
(II) THE STREAM RESTORATION PROJECT IS NOT AN UNNECESSARY
DAM OR OTHER OBSTRUCTION
.
(d) T
HE OWNER OR PROPONENT OF A STREAM RESTORATION PROJECT
SHALL NOT INSTALL THE STREAM RESTORATION PROJECT IN A MANNER THAT
ADVERSELY AFFECTS THE FUNCTION OF STRUCTURES USED TO DIVERT WATER
OR MEASURE WATER FLOW BY HOLDERS OF VESTED WATER RIGHTS WITHOUT
THE PERMISSION OF THE OWNERS OF THE STRUCTURES
.
(e) N
OTWITHSTANDING ANY PROVISION IN THIS SUBSECTION (9) TO
THE CONTRARY
, NOTHING IN THIS SUBSECTION (9):
(I) C
REATES A PRESUMPTION OF INJURY FOR ANY ACTIVITY THAT
DOES NOT MEET THE DEFINITION OF A MINOR STREAM RESTORATION
ACTIVITY PURSUANT TO SUBSECTION
(9)(b)(I) OF THIS SECTION;
(II) C
REATES A BASIS FOR A WATER RIGHT, CREDIT, OR OTHER RIGHT
FOR THE USE OF WATER
;
PAGE 4-SENATE BILL 23-270 (III) CREATES PRECEDENT FOR THE LITIGATION OF , CREATES A
LEGISLATIVE DETERMINATION OF
, ALTERS, OR AFFECTS ANY REAL PROPERTY
INTERESTS
, INCLUDING EXPRESS OR PRESCRIPTIVE FLOWAGE EASEMENTS
AFFECTING LAND ALONG A PUBLIC STREAM HELD BY ANY POLITICAL
SUBDIVISION OR PERSON
;
(IV) P
ROHIBITS THE STATE ENGINEER FROM TAKING ANY ACTION
NECESSARY TO COMPLY WITH AN INTERSTATE COMPACT
, INTERSTATE
APPORTIONMENT DECREE
, OR INTERSTATE AGREEMENT;
(V) A
LTERS, AMENDS, OR AFFECTS ANY FEDERAL, STATE, OR LOCAL
LAW OR REQUIREMENT THAT OTHERWISE APPLIES TO A STREAM
RESTORATION PROJECT
; OR
(VI) IMPAIRS OR IN ANY WAY AFFECTS THE ABILITY OF ANY PERSON
TO APPROPRIATE WATER FOR PURPOSES RELATED TO A STREAM RESTORATION
PROJECT
.
(f) A
STREAM RESTORATION PROJECT THAT HAS OBTAINED ANY
APPLICABLE PERMITS OR IS UNDER CONSTRUCTION OR COMPLETED BY
AUGUST 1, 2023, DOES NOT CAUSE MATERIAL INJURY TO ANY VESTED WATER
RIGHT AND IS NOT AN UNNECESSARY DAM OR OTHER OBSTRUCTION
.
SECTION 3. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 5-SENATE BILL 23-270 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 6-SENATE BILL 23-270