Colorado 2023 Regular Session

Colorado Senate Bill SB270 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	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. 23-0640.02 Sarah Lozano x3858
1	8		SENATE BILL 23-270
2		-	BY SENATOR(S) Roberts and Simpson, Bridges, Buckner, Coleman,
3		-	Cutter, Exum, Fields, Ginal, Hinrichsen, Jaquez Lewis, Kolker, Marchman,
4		-	Mullica, Pelton B., Priola, Will, Winter F., Zenzinger, Fenberg;
5		-	also REPRESENTATIVE(S) McCormick and Catlin, Amabile, Bacon,
6		-	Bird, Boesenecker, Bradley, Brown, Daugherty, DeGraaf, deGruy Kennedy,
7		-	Dickson, Duran, English, Frizell, Gonzales-Gutierrez, Hamrick, Herod,
8		-	Jodeh, Joseph, Kipp, Lindsay, Lukens, Lynch, Marshall, McLachlan,
9		-	Michaelson Jenet, Ricks, Sharbini, Story, Taggart, Titone, Valdez, Velasco,
10		-	Wilson, Young, McCluskie.
	9	+	Senate Committees House Committees
	10	+	Agriculture & Natural Resources Agri culture, Water & Natural Resources
	11	+	A BILL FOR AN ACT
11	12		C
12		-	ONCERNING ACTIVITIES THAT RESTORE THE ENVIRONMENTAL HEALTH OF
13		-	NATURAL STREAM SYSTEMS WITHOUT ADMINISTRATION
14		-	.
15		-
16		-	Be it enacted by the General Assembly of the State of Colorado:
17		-	SECTION 1. Legislative declaration. (1) The general assembly
18		-	finds that:
19		-	(a) Functioning natural streams are beneficial to all Coloradans
20		-	because they provide clean water for farms and cities as well as broad-based
21		-	public safety and ecological services, including:
22		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
23		-	officers and the Governor. To determine whether the Governor has signed the bill
24		-	or taken other action on it, please consult the legislative status sheet, the legislative
25		-	history, or the Session Laws.
26		-	________
27		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
28		-	through words or numbers indicate deletions from existing law and such material is not part of
29		-	the act. (I) Forest and watershed health;
30		-	(II) Wildfire mitigation and recovery;
31		-	(III) Flood safety;
32		-	(IV) Water quality;
33		-	(V) Recreation; and
34		-	(VI) Riparian and aquatic habitats;
35		-	(b) Functioning natural streams that are connected to floodplains
36		-	balance the patterns of sediment erosion and deposition, which protects
37		-	water infrastructure, including diversion structures, ditches, pumps, pipes,
38		-	and reservoirs, that are susceptible to damage and adverse impacts from
39		-	sedimentation, especially sedimentation resulting from fires and floods;
40		-	(c) Stream restoration projects are an essential tool for water project
41		-	developers and wastewater and stormwater dischargers to meet regulatory
42		-	obligations;
43		-	(d) Stream restoration projects address the legacy of water quality
44		-	and habitat impacts from abandoned mines or catastrophic mine spills that
45		-	have deprived entire communities of safe drinking water; and
46		-	(e) The Colorado water plan sets a vision for thriving watersheds
47		-	and calls for multi-benefit projects that restore stream health to enhance
48		-	water supply security for agriculture, communities, tourism, and ecosystem
49		-	function.
50		-	(2) The general assembly therefore declares that, because of the vast
51		-	amount of benefits that natural streams provide the state's communities and
52		-	environment, the state should facilitate and encourage the commencement
53		-	of projects that restore the environmental health of natural stream systems.
54		-	SECTION 2. In Colorado Revised Statutes, 37-92-602, add (9) as
55		-	follows:
56		-	37-92-602. Exemptions - presumptions - stream restoration
57		-	PAGE 2-SENATE BILL 23-270 projects - report - legislative declaration - definitions. (9) (a) T HE
58		-	GENERAL ASSEMBLY HEREBY DECLARES THAT STREAM RESTORATION
59		-	PROJECTS ARE ESSENTIAL FOR THE PROTECTION OF PUBLIC SAFETY
60		-	, WELFARE,
61		-	PROPERTY, AND THE ENVIRONMENT.
	13	+	ONCERNING ACTIVITIES
	14	+	THAT RESTORE THE ENVIRONMENTAL101
	15	+	HEALTH OF NATURAL STREAM SYSTEMS WITHOUT102
	16	+	ADMINISTRATION.103
	17	+	Bill Summary
	18	+	(Note: This summary applies to this bill as introduced and does
	19	+	not reflect any amendments that may be subsequently adopted. If this bill
	20	+	passes third reading in the house of introduction, a bill summary that
	21	+	applies to the reengrossed version of this bill will be available at
	22	+	http://leg.colorado.gov
	23	+	.)
	24	+	The bill creates a rebuttable presumption that a project that is
	25	+	designed and constructed within a natural stream system for certain
	26	+	restoration purposes (stream restoration project) does not cause material
	27	+	injury to vested water rights (rebuttable presumption). A holder of a
	28	+	vested water right may challenge the rebuttable presumption by
	29	+	HOUSE
	30	+	3rd Reading Unamended
	31	+	May 6, 2023
	32	+	HOUSE
	33	+	2nd Reading Unamended
	34	+	May 3, 2023
	35	+	SENATE
	36	+	3rd Reading Unamended
	37	+	April 18, 2023
	38	+	SENATE
	39	+	Amended 2nd Reading
	40	+	April 17, 2023
	41	+	SENATE SPONSORSHIP
	42	+	Roberts and Simpson, Bridges, Buckner, Coleman, Cutter, Exum, Fenberg, Fields, Ginal,
	43	+	Hinrichsen, Jaquez Lewis, Kolker, Marchman, Mullica, Pelton B., Priola, Will, Winter F.,
	44	+	Zenzinger
	45	+	HOUSE SPONSORSHIP
	46	+	McCormick and Catlin, Amabile, Bacon, Bird, Boesenecker, Bradley, Brown, Daugherty,
	47	+	DeGraaf, deGruy Kennedy, Dickson, Duran, English, Frizell, Gonzales-Gutierrez, Hamrick,
	48	+	Herod, Jodeh, Joseph, Kipp, Lindsay, Lukens, Lynch, Marshall, McCluskie, McLachlan,
	49	+	Michaelson Jenet, Ricks, Sharbini, Story, Taggart, Titone, Valdez, Velasco, Wilson, Young
	50	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	51	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	52	+	Dashes through the words or numbers indicate deletions from existing law. sufficiently demonstrating in a court of competent jurisdiction that the
	53	+	operation of the stream restoration project has caused material injury to
	54	+	a vested water right.
	55	+	The bill also requires that, at least 63 calendar days before the
	56	+	commencement of a stream restoration project, the owner or proponent
	57	+	of the stream restoration project register the project with the state
	58	+	engineer and provide notice to the substitute water supply plan
	59	+	notification list (registration and notice requirement).
	60	+	Upon the completion of a stream restoration project, the owner or
	61	+	proponent of the stream restoration project shall file a completion report
	62	+	with the state engineer.
	63	+	If a stream restoration project is limited to certain minor
	64	+	restoration activities:
	65	+	! The stream restoration project does not cause material
	66	+	injury to any vested water right;
	67	+	! The stream restoration project is not an unnecessary dam or
	68	+	other obstruction; and
	69	+	! The owner or proponent of the stream restoration project is
	70	+	not required to comply with the registration and notice
	71	+	requirement.
	72	+	Be it enacted by the General Assembly of the State of Colorado:1
	73	+	SECTION 1. Legislative declaration. (1) The general assembly2
	74	+	finds that:3
	75	+	(a) Functioning natural streams are beneficial to all Coloradans4
	76	+	because they provide clean water for farms and cities as well as5
	77	+	broad-based public safety and ecological services, including:6
	78	+	(I) Forest and watershed health;7
	79	+	(II) Wildfire mitigation and recovery;8
	80	+	(III) Flood safety;9
	81	+	(IV) Water quality;10
	82	+	(V) Recreation; and11
	83	+	(VI) Riparian and aquatic habitats;12
	84	+	(b) Functioning natural streams that are connected to floodplains13
	85	+	balance the patterns of sediment erosion and deposition, which protects14
	86	+	270-2- water infrastructure, including diversion structures, ditches, pumps, pipes,1
	87	+	and reservoirs, that are susceptible to damage and adverse impacts from2
	88	+	sedimentation, especially sedimentation resulting from fires and floods;3
	89	+	(c) Stream restoration projects are an essential tool for water4
	90	+	project developers and wastewater and stormwater dischargers to meet5
	91	+	regulatory obligations;6
	92	+	(d) Stream restoration projects address the legacy of water quality7
	93	+	and habitat impacts from abandoned mines or catastrophic mine spills that8
	94	+	have deprived entire communities of safe drinking water; and9
	95	+	(e) The Colorado water plan sets a vision for thriving watersheds10
	96	+	and calls for multi-benefit projects that restore stream health to enhance11
	97	+	water supply security for agriculture, communities, tourism, and12
	98	+	ecosystem function.13
	99	+	(2) The general assembly therefore declares that, because of the14
	100	+	vast amount of benefits that natural streams provide the state's15
	101	+	communities and environment, the state should facilitate and encourage16
	102	+	the commencement of projects that restore the environmental health of17
	103	+	natural stream systems.18
	104	+	SECTION 2. In Colorado Revised Statutes, 37-92-602, add (9)19
	105	+	as follows:20
	106	+	37-92-602. Exemptions - presumptions - stream restoration21
	107	+	projects - report - legislative declaration - definitions. (9) (a) T
	108	+	HE22
	109	+	GENERAL ASSEMBLY HEREBY DECLARES THAT STREAM RESTORATION23
	110	+	PROJECTS ARE ESSENTIAL FOR THE PROTECTION OF PUBLIC SAFETY ,24
	111	+	WELFARE, PROPERTY, AND THE ENVIRONMENT.25
62	112		(b) A
63		-	S USED IN THIS SUBSECTION (9), UNLESS THE CONTEXT
64		-	OTHERWISE REQUIRES
65		-	:
66		-	(I) "M
67		-	INOR STREAM RESTORATION ACTIVITY " MEANS ANY OR ALL OF
68		-	THE FOLLOWING ACTIVITIES
69		-	:
	113	+	S USED IN THIS SUBSECTION (9), UNLESS THE CONTEXT26
	114	+	OTHERWISE REQUIRES:27
	115	+	270
	116	+	-3- (I) "MINOR STREAM RESTORATION ACTIVITY " MEANS ANY OR ALL1
	117	+	OF THE FOLLOWING ACTIVITIES:2
70	118		(A) S
71		-	TABILIZING THE BANKS OR SUBSTRATE OF A NATURAL STREAM
72		-	WITH HARD
73		-	, BIOENGINEERED, OR NATURAL MATERIALS THAT , UNDER LESS
74		-	THAN EXTREME FLOW CONDITIONS
75		-	, ALLOW WATER TO FLOW DOWNSTREAM ,
76		-	DO NOT CAUSE THE WATER LEVEL TO EXCEED THE ORDINARY HIGH WATER
77		-	MARK
78		-	, AND MAY INCIDENTALLY INCREASE SURFACE AREA OF THE NATURAL
79		-	STREAM
80		-	;
	119	+	TABILIZING THE BANKS OR SUBSTRATE OF A NATURAL
	120	+	3
	121	+	STREAM WITH HARD, BIOENGINEERED, OR NATURAL MATERIALS THAT ,4
	122	+	UNDER LESS THAN EXTREME FLOW CONDITIONS , ALLOW WATER TO FLOW5
	123	+	DOWNSTREAM, DO NOT CAUSE THE WATER LEVEL TO EXCEED THE6
	124	+	ORDINARY HIGH WATER MARK , AND MAY INCIDENTALLY INCREASE7
	125	+	SURFACE AREA OF THE NATURAL STREAM ;8
81	126		(B) M
82		-	ECHANICAL GRADING OF THE GROUND SURFACE AL ONG A
83		-	NATURAL STREAM SYSTEM IN A MANNER THAT DOES NOT RESULT IN
84		-	GROUNDWATER EXPOSURE
85		-	, DIVERSIONS OF SURFACE WATER , OR THE
86		-	COLLECTION OF STORM WATER
87		-	;
	127	+	ECHANICAL GRADING OF THE GROUND SURFACE ALONG A9
	128	+	NATURAL STREAM SYSTEM IN A MANNER THAT DOES NOT RESULT IN10
	129	+	GROUNDWATER EXPOSURE , DIVERSIONS OF SURFACE WATER , OR THE11
	130	+	COLLECTION OF STORM WATER ;12
88	131		(C) S
89		-	TABILIZING AN EPHEMERAL OR INTERMITTENT NATURAL
90		-	STREAM BY INSTALLING DEFORMABLE AND POROUS STRUCTURES INTO THE
91		-	BANKS AND SUBSTRATE
92		-	, WHICH MAY INCIDENTALLY AND TEMPORARILY
93		-	INCREASE SURFACE AREA OR INFILTRATION
94		-	;
	132	+	TABILIZING AN EPHEMERAL OR INTERMITTENT NATURAL13
	133	+	STREAM BY INSTALLING DEFORMABLE AND POROUS STRUCTURES INTO THE14
	134	+	BANKS AND SUBSTRATE, WHICH MAY INCIDENTALLY AND TEMPORARILY15
	135	+	INCREASE SURFACE AREA OR INFILTRATION ;16
95	136		(D) D
96		-	AYLIGHTING A NATURAL STREAM THAT HAS BEEN PIPED OR
97		-	BURIED
98		-	;
	137	+	AYLIGHTING A NATURAL STREAM THAT HAS BEEN PIPED OR17
	138	+	BURIED;18
99	139		(E) R
100		-	EDUCING THE SURFACE AREA OF A NATURAL STREAM TO
101		-	ADDRESS REDUCTIONS IN HISTORICAL FLOW AMOUNTS
102		-	; AND
103		-	(F) INSTALLING STRUCTURES OR RECONSTRUCTING A CHANNEL IN A
104		-	NATURAL STREAM SYSTEM FOR THE SOLE PURPOSE OF RECOVERY FROM THE
105		-	IMPACTS OF A WILDLAND FIRE OR FLOOD EMERGENCY
106		-	.
	140	+	EDUCING THE SURFACE AREA OF A NATURAL STREAM TO19
	141	+	ADDRESS REDUCTIONS IN HISTORICAL FLOW AMOUNTS ; AND20
	142	+	(F) I
	143	+	NSTALLING STRUCTURES OR RECONSTRUCTING A CHANNEL IN21
	144	+	A NATURAL STREAM SYSTEM FOR THE SOLE PURPOSE OF RECOVERY FROM22
	145	+	THE IMPACTS OF A WILDLAND FIRE OR FLOOD EMERGENCY .23
107	146		(II) "N
108		-	ATURAL STREAM" HAS THE MEANING SET FORTH IN SECTION
109		-	37-87-102 (1)(b).
110		-	PAGE 3-SENATE BILL 23-270 (III) "NATURAL STREAM SYSTEM" MEANS THE EXTENT OF A NATURAL
111		-	STREAM IN THE STATE AND THE GEOMORPHIC FLOODPLAIN AND ASSOCIATED
112		-	RIPARIAN AREA
113		-	.
	147	+	ATURAL STREAM" HAS THE MEANING SET FORTH IN SECTION24
	148	+	37-87-102 (1)(b).25
	149	+	(III) "N
	150	+	ATURAL STREAM SYSTEM " MEANS THE EXTENT OF A26
	151	+	NATURAL STREAM IN THE STATE AND THE GEOMORPHIC FLOODPLAIN AND27
	152	+	270
	153	+	-4- ASSOCIATED RIPARIAN AREA.1
114	154		(IV) "S
115		-	TREAM RESTORATION PROJECT " MEANS A PROJECT THAT IS
116		-	DESIGNED AND CONSTRUCTED
117		-	:
	155	+	TREAM RESTORATION PROJECT " MEANS A PROJECT THAT IS2
	156	+	DESIGNED AND CONSTRUCTED :3
118	157		(A) W
119	158		ITHIN A NATURAL STREAM SYSTEM ; AND
120		-	(B) FOR THE PURPOSES OF WILDLAND FIRE MITIGATION ; FLOOD
121		-	MITIGATION
122		-	; BANK STABILIZATION; WATER QUALITY PROTECTION OR
123		-	RESTORATION
124		-	; HABITAT, SPECIES, OR ECOSYSTEM RESTORATION ; SOURCE
125		-	WATER PROTECTION
126		-	; INFRASTRUCTURE PROTECTION ; OR SEDIMENT AND
127		-	EROSION MANAGEMENT
128		-	.
129		-	(c) I
130		-	F A STREAM RESTORATION PROJECT IS LIMITED TO ONE OR MORE
131		-	MINOR STREAM RESTORATION ACTIVITIES
132		-	:
	159	+	4
	160	+	(B) F
	161	+	OR THE PURPOSES OF WILDLAND FIRE MITIGATION ; FLOOD5
	162	+	MITIGATION; BANK STABILIZATION; WATER QUALITY PROTECTION OR6
	163	+	RESTORATION; HABITAT, SPECIES, OR ECOSYSTEM RESTORATION ;
	164	+	7
	165	+	SOURCE WATER PROTECTION ; INFRASTRUCTURE PROTECTION ; OR8
	166	+	SEDIMENT AND EROSION MANAGEMENT .9
	167	+	10
	168	+	(c) IF A STREAM RESTORATION PROJECT IS LIMITED TO ONE OR11
	169	+	MORE MINOR STREAM RESTORATION ACTIVITIES :12
133	170		(I) T
134		-	HE STREAM RESTORATION PROJECT DOES NOT ~~CAUSE MATERIAL~~
135		-	INJURY TO ANY VESTED WATER RIGHT
136		-	~~; AND~~
137		-	(II) ~~THE STREAM RESTORATION PROJECT IS NOT AN UNNECESSARY~~
138		-	~~DAM OR OTHER OBSTRUCTION~~
139		-	.
140		-	~~(d) T~~
141		-	~~HE OWNER OR PROPONENT OF A STREAM RESTORATION PROJECT~~
142		-	~~SHALL NOT INSTALL~~ THE ~~STREAM RESTORATION PROJECT IN~~ A ~~MANNER THAT~~
143		-	~~ADVERSELY AFFECTS~~ THE ~~FUNCTION OF STRUCTURES USED TO DIVERT WATER~~
144		-	~~OR MEASURE WATER FLOW BY HOLDERS~~ OF ~~VESTED WATER RIGHTS WITHOUT~~
145		-	~~THE PERMISSION~~ OF ~~THE OWNERS OF THE STRUCTURES~~
146		-	.
147		-	~~(e) N~~
148		-	~~OTWITHSTANDING ANY PROVISION IN THIS SUBSECTION (9) TO~~
149		-	~~THE CONTRARY~~
150		-	, NOTHING IN THIS SUBSECTION (9):
	171	+	HE STREAM RESTORATION PROJECT DOES NOT CAUSE13
	172	+	MATERIAL INJURY TO ANY VESTED WATER RIGHT ; AND
	173	+	14
	174	+	(II) T
	175	+	HE STREAM RESTORATION PROJECT IS NOT AN UNNECESSARY15
	176	+	DAM OR OTHER OBSTRUCTION .
	177	+	16
	178	+	17
	179	+	(d) THE OWNER OR PROPONENT OF A STREAM RESTORATION18
	180	+	PROJECT SHALL NOT INSTALL THE STREAM RESTORATION PROJECT IN A19
	181	+	MANNER THAT ADVERSELY AFFECTS THE FUNCTION OF STRUCTURES USED20
	182	+	TO DIVERT WATER OR MEASURE WATER FLOW BY HOLDERS OF VESTED21
	183	+	WATER RIGHTS WITHOUT THE PERMISSION OF THE OWNERS OF THE22
	184	+	STRUCTURES.23
	185	+	24
	186	+	(e) NOTWITHSTANDING ANY PROVISION IN THIS SUBSECTION (9) TO25
	187	+	THE CONTRARY, NOTHING IN THIS SUBSECTION (9):26
151	188		(I) C
152	189		REATES A PRESUMPTION OF INJURY FOR ANY ACTIVITY THAT
153		-	DOES NOT MEET THE DEFINITION OF A MINOR STREAM RESTORATION
154		-	ACTIVITY PURSUANT TO SUBSECTION
155		-	(9)(b)(I) OF THIS SECTION;
156		-	(II) C
157		-	REATES A BASIS FOR A WATER RIGHT, CREDIT, OR OTHER RIGHT
158		-	FOR THE USE OF WATER
159		-	;
160		-	PAGE 4-SENATE BILL 23-270 (III) CREATES PRECEDENT FOR THE LITIGATION OF , CREATES A
161		-	LEGISLATIVE DETERMINATION OF
162		-	, ALTERS, OR AFFECTS ANY REAL PROPERTY
163		-	INTERESTS
164		-	, INCLUDING EXPRESS OR PRESCRIPTIVE FLOWAGE EASEMENTS
165		-	AFFECTING LAND ALONG A PUBLIC STREAM HELD BY ANY POLITICAL
166		-	SUBDIVISION OR PERSON
167		-	;
168		-	(IV) P
169		-	ROHIBITS THE STATE ENGINEER FROM TAKING ANY ACTION
170		-	NECESSARY TO COMPLY WITH AN INTERSTATE COMPACT
171		-	, INTERSTATE
172		-	APPORTIONMENT DECREE
173		-	, OR INTERSTATE AGREEMENT;
174		-	(V) A
175		-	LTERS, AMENDS, OR AFFECTS ANY FEDERAL, STATE, OR LOCAL
176		-	LAW OR REQUIREMENT THAT OTHERWISE APPLIES TO A STREAM
177		-	RESTORATION PROJECT
178		-	; OR
179		-	(VI) IMPAIRS OR IN ANY WAY AFFECTS THE ABILITY OF ANY PERSON
180		-	TO APPROPRIATE WATER FOR PURPOSES RELATED TO A STREAM RESTORATION
181		-	PROJECT
182		-	.
	190	+	27
	191	+	270
	192	+	-5- DOES NOT MEET THE DEFINITION OF A MINOR STREAM RESTORATION1
	193	+	ACTIVITY PURSUANT TO SUBSECTION (9)(b)(I) OF THIS SECTION;2
	194	+	(II) CREATES A BASIS FOR A WATER RIGHT , CREDIT, OR OTHER3
	195	+	RIGHT FOR THE USE OF WATER;4
	196	+	(III) CREATES PRECEDENT FOR THE LITIGATION OF , CREATES A5
	197	+	LEGISLATIVE DETERMINATION OF , ALTERS, OR AFFECTS ANY REAL6
	198	+	PROPERTY INTERESTS, INCLUDING EXPRESS OR PRESCRIPTIVE FLOWAGE7
	199	+	EASEMENTS AFFECTING LAND ALONG A PUBLIC STREAM HELD BY ANY8
	200	+	POLITICAL SUBDIVISION OR PERSON;9
	201	+	(IV) PROHIBITS THE STATE ENGINEER FROM TAKING ANY ACTION10
	202	+	NECESSARY TO COMPLY WITH AN INTERSTATE COMPACT , INTERSTATE11
	203	+	APPORTIONMENT DECREE , OR INTERSTATE AGREEMENT;12
	204	+	(V) ALTERS, AMENDS, OR AFFECTS ANY FEDERAL , STATE, OR13
	205	+	LOCAL LAW OR REQUIREMENT THAT OTHERWISE APPLIES TO A STREAM14
	206	+	RESTORATION PROJECT; OR15
	207	+	(VI) IMPAIRS OR IN ANY WAY AFFECTS THE ABILITY OF ANY16
	208	+	PERSON TO APPROPRIATE WATER FOR PURPOSES RELATED TO A STREAM17
	209	+	RESTORATION PROJECT.18
183	210		(f) A
184	211		STREAM RESTORATION PROJECT THAT HAS OBTAINED ANY
185		-	APPLICABLE PERMITS OR IS UNDER CONSTRUCTION OR COMPLETED BY
186		-	AUGUST 1, 2023, DOES NOT CAUSE MATERIAL INJURY TO ANY VESTED WATER
187		-	RIGHT AND IS NOT AN UNNECESSARY DAM OR OTHER OBSTRUCTION
188		-	.
189		-	SECTION 3. Act subject to petition - effective date. This act
190		-	takes effect at 12:01 a.m. on the day following the expiration of the
191		-	ninety-day period after final adjournment of the general assembly; except
192		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
193		-	of the state constitution against this act or an item, section, or part of this act
194		-	within such period, then the act, item, section, or part will not take effect
195		-	unless approved by the people at the general election to be held in
196		-	PAGE 5-SENATE BILL 23-270 November 2024 and, in such case, will take effect on the date of the official
197		-	declaration of the vote thereon by the governor.
198		-	____________________________ ____________________________
199		-	Steve Fenberg Julie McCluskie
200		-	PRESIDENT OF SPEAKER OF THE HOUSE
201		-	THE SENATE OF REPRESENTATIVES
202		-	____________________________ ____________________________
203		-	Cindi L. Markwell Robin Jones
204		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
205		-	THE SENATE OF REPRESENTATIVES
206		-	APPROVED________________________________________
207		-	(Date and Time)
208		-	_________________________________________
209		-	Jared S. Polis
210		-	GOVERNOR OF THE STATE OF COLORADO
211		-	PAGE 6-SENATE BILL 23-270
	212	+	19
	213	+	APPLICABLE PERMITS OR IS UNDER CONSTRUCTION OR COMPLETED BY20
	214	+	A
	215	+	UGUST 1, 2023 DOES NOT CAUSE MATERIAL INJURY TO ANY VESTED
	216	+	21
	217	+	WATER RIGHT AND IS NOT AN UNNECESSARY DAM OR OTHER OBSTRUCTION .22
	218	+	SECTION 3. Act subject to petition - effective date. This act23
	219	+	takes effect at 12:01 a.m. on the day following the expiration of the24
	220	+	ninety-day period after final adjournment of the general assembly; except25
	221	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V26
	222	+	of the state constitution against this act or an item, section, or part of this27
	223	+	270
	224	+	-6- act within such period, then the act, item, section, or part will not take1
	225	+	effect unless approved by the people at the general election to be held in2
	226	+	November 2024 and, in such case, will take effect on the date of the3
	227	+	official declaration of the vote thereon by the governor.4
	228	+	270
	229	+	-7-