Page 1
August 3, 2023 SB 23-270
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Final Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 23-0640
Sen. Roberts; Simpson
Rep. McCormick; Catlin
Date:
Bill Status:
Fiscal Analyst:
August 3, 2023
Signed into Law
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 defines minor stream restoration activities and outlines what qualifies as a
stream restoration project. It increases state workload on an ongoing basis.
Appropriation
Summary:
No appropriation is required.
Fiscal Note
Status:
The fiscal note reflects the enacted bill.
Summary of Legislation
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.
The bill clarifies that stream restoration project that is designed and constructed as a minor stream
restoration does not cause material injury to a vested water right and is not an unnecessary dam or
other obstruction. Page 2
August 3, 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 was signed into law on June 5, 2023, and takes effect on August 7, 2023, 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.