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Alternate Storage Not Change If Already Quantified

Concerning the ability to store water at an alternate place of storage if the historical consumptive use of the water right has already been quantified in a previous change of the water right.
2017 Regular Session
Bill Summary

Current law allows water to be stored only at a location that has been specifically identified in a decree. The bill allows a water right for which the historical consumptive use was previously quantified to be stored in any reservoir, without the necessity of adjudicating an additional change of water right, if:

  • The water will be diverted from a point of diversion that has already been decreed for that water right and the alternate place of storage is located on the same ditch or reservoir system;
  • Previous notice is given to the division engineer;
  • Transit and ditch losses are assessed from the decreed point of diversion to the alternate place of storage;
  • The division engineer approves the proposed accounting of the storage; and
  • The water was not imported from another water division.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)


Became Law


Bill Text

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The effective date for bills enacted without a safety clause is August 7, 2024, if the General Assembly adjourns sine die on May 8, 2024, unless otherwise specified. Details