Bill > HB1340

This bill requires that when agricultural irrigation water rights in Water Division 2 are changed to another beneficial use, and irrigation is permanently removed from the land, specific terms and conditions must be applied to ensure revegetation or conversion to dryland farming, erosion control, and weed management on that land. These conditions, which apply to changes of use decreed on or after January 1, 2027, will be included in the water court's decree and must be complied with by the water right owner. The process involves the water right owner identifying site-specific criteria and a scientific evaluation method for successful revegetation or dryland farming, which the water court will incorporate into the decree. These criteria must include weed management provisions, and noxious weeds must be controlled according to the "Colorado Noxious Weed Act." If a local land use authority has already approved such criteria through a permit or intergovernmental agreement, the water court will use those. Otherwise, the water court will use criteria adopted by the local authority. The water court will appoint and the water right owner will pay for a neutral third-party expert to evaluate the progress of revegetation or dryland farming annually until it is successfully established, with reports submitted to the court and other parties for comment. If the water right owner fails to achieve successful establishment, the court may limit the amount of water available for the new use. The bill also allows for financial assurances, such as a performance bond, or limitations on water use timing or percentage, unless the local land use authority's existing requirements are incorporated into the decree. The bill clarifies that "successfully established" means revegetation or dryland farming is accomplished and weeds and soil erosion are adequately controlled according to the court-approved criteria.