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SB18-170

Reservoir Releases For Fish And Wildlife Mitigation

Concerning a water court process by which an owner of a storage water right allowing water to be stored in new reservoir capacity may release water into an identified stream reach in a manner that protects the water releases while complying with mitigation measures identified in a fish and wildlife mitigation plan approved by the Colorado water conservation board.
Session:
2018 Regular Session
Subject:
Water
Bill Summary

Current law requires an applicant for a water diversion, delivery, or storage facility that requires an application for a permit, license, or other approval from the United States to submit for approval a proposal to the Colorado water conservation board (board), parks and wildlife commission, and the division of parks and wildlife for a fish and wildlife mitigation plan (mitigation plan), which mitigation plan, when approved, is communicated to each federal, state, or other governmental agency from the which the applicant must obtain a permit, license, or other approval.

The bill establishes a water court process by which an owner of a water storage right allowing water to be stored in a newly constructed reservoir or an enlarged existing reservoir may comply with the mitigation measures identified in a mitigation plan by contracting with the board to dedicate to the board, pursuant to a water court decree, an amount of water for release into, and protection from diversion and use through, a qualifying stream reach to avoid, minimize, or mitigate the probable impacts that the newly constructed or expanded reservoir has on fish and wildlife resources.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

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Status

Introduced
Passed
Became Law

Bill Text