Limited Applicability Of St. Jude's Co. Water Case
| Type | Bill |
|---|---|
| Session | 2017 Regular Session |
| Subjects |
Concerning the limited applicability of the Colorado supreme court's decision in St. Jude's Co. v. Roaring Fork Club, LLC, 351 P.3d 442 (Colo. 2015).
Bill Summary:
In the case of St. Jude's Co. v. Roaring Fork Club, LLC, 351 P.3d 442 (Colo. 2015) ( St. Jude's Co. ), the Colorado supreme court held that direct diversions of water from a river to a private ditch for aesthetic, recreational, and piscatorial purposes on private property, without impoundment, are not beneficial uses of water under Colorado water law.
The bill provides that the decision in the St. Jude's Co. case interpreting section 37-92-103 (4) does not apply to previously decreed absolute and conditional water rights or claims pending as of July 15, 2015. The interpretation of section 37-92-103 (4) in St. Jude's Co. applies only to direct-flow appropriations, without storage, filed after July 15, 2015, for water diverted from a surface stream or tributary groundwater by a private entity for private aesthetic, recreational, and piscatorial purposes.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Committees
Related Documents & Information
| Activity | Vote | Documents |
|---|---|---|
| Adopt amendment L.009. | The motion passed on a vote of 6-5. | Vote summary |
| Refer House Bill 17-1190, as amended, to the Committee of the Whole. | The motion passed on a vote of 7-4. | Vote summary |
| Activity | Vote | Documents |
|---|---|---|
| Adopt amendment L.001. | The motion passed on a vote of 8-5. | Vote summary |
| Adopt amendment L.002. | The motion passed on a vote of 12-1. | Vote summary |
| Refer House Bill 17-1190, as amended, to the Committee of the Whole. | The motion passed on a vote of 8-5. | Vote summary |
| Date | Calendar | Motion | Vote | Vote Document |
|---|---|---|---|---|
| 04/27/2017 | Senate Amendments | REPASS |
49
AYE
12
NO
4
OTHER
|
Vote record |
| 04/27/2017 | Senate Amendments | CONCUR |
61
AYE
0
NO
4
OTHER
|
Vote record |
| 04/05/2017 | Third Reading | BILL |
41
AYE
22
NO
2
OTHER
|
Vote record |
| Date | Calendar | Motion | Vote | Vote Document |
|---|---|---|---|---|
| 04/26/2017 | Third Reading | BILL |
23
AYE
12
NO
0
OTHER
|
Vote record |
| Date | Location | Action |
|---|---|---|
| 05/25/2017 | Governor | Governor Signed |
| 05/18/2017 | Governor | Sent to the Governor |
| 05/18/2017 | Senate | Signed by the President of the Senate |
| 05/17/2017 | House | Signed by the Speaker of the House |
| 04/27/2017 | Senate | House Considered Senate Amendments - Result was to Concur - Repass |
| 04/26/2017 | Senate | Senate Third Reading Passed - No Amendments |
| 04/25/2017 | Senate | Senate Second Reading Passed with Amendments - Committee |
| 04/20/2017 | Senate | Senate Committee on Agriculture, Natural Resources, & Energy Refer Amended to Senate Committee of the Whole |
| 04/07/2017 | Senate | Introduced In Senate - Assigned to Agriculture, Natural Resources, & Energy |
| 04/05/2017 | House | House Third Reading Passed - No Amendments |
| 04/04/2017 | House | House Second Reading Special Order - Passed with Amendments - Committee |
| 03/28/2017 | House | House Second Reading Laid Over to 04/03/2017 - No Amendments |
| 03/22/2017 | House | House Second Reading Laid Over to 03/28/2017 - No Amendments |
| 03/17/2017 | House | House Second Reading Laid Over to 03/22/2017 - No Amendments |
| 03/16/2017 | House | House Second Reading Laid Over Daily - No Amendments |
| 03/13/2017 | House | House Committee on Agriculture, Livestock, & Natural Resources Refer Amended to House Committee of the Whole |
| 02/17/2017 | House | Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources |
Prime Sponsor
Sponsor
Co-Sponsor
| Effective Date | Chapter # | Title | Documents |
|---|---|---|---|
| 08/09/2017 | 266 | Limited Applicability Of St. Jude's Co. Water Case |