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April 21, 2023 SB 23-270
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Revised Fiscal Note
(replaces fiscal note dated April 10, 2023)
Drafting Number:
Prime Sponsors:
LLS 23-0640
Sen. Roberts; Simpson
Rep. McCormick; Catlin
Date:
Bill Status:
Fiscal Analyst:
April 21, 2023
House Agriculture
Alexa Kelly | 303-866-3469
alexa.kelly@coleg.gov
Bill Topic: PROJECTS TO RESTORE NATURAL STREAM SYSTEMS
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☐ Local Government
☐ Statutory Public Entity
The bill creates a rebuttable presumption that a minor stream restoration project does
not cause material injury to a vested water right, and outlines the qualification
requirements for a minor stream restoration project. It increases state expenditures
on an ongoing basis.
Appropriation
Summary:
No appropriation is required.
Fiscal Note
Status:
The revised fiscal note reflects the reengrossed bill.
Summary of Legislation
The bill creates a rebuttable presumption that a minor stream restoration project does not cause
material injury to a vested water right. If a water right holder believes a stream restoration project
has caused material injury to their water right, they may challenge this rebuttable presumption by
presenting evidence of the material injury in the appropriate division water court. The bill defines a
minor stream restoration activity as:
stabilizing banks or substrate of a natural stream with materials that allow water to flow
downstream, does not cause the stream to exceed the high water mark, and may increase stream’s
surface area;
mechanical grading of ground surface along a natural stream system without exposing
groundwater, diverting surface water, or collecting storm water;
stabilizing an ephemeral or intermittent stream by installing structures that may increase surface
area or infiltration;
daylighting a natural stream that had been piped or buried;
reducing the surface area of a natural stream to address historical flows; and
installing structures or reconstructing a channel in a stream system to recover from wildfire or
flood impacts. Page 2
April 21, 2023 SB 23-270
State Expenditures
Workload in the Department of Natural Resources will increase minimally to monitor any stream
restoration activities. No change in appropriations is required.
Effective Date
The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming no
referendum petition is filed.
State and Local Government Contacts
Judicial Natural Resources
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit: leg.colorado.gov/fiscalnotes.