REAFFIRM SOUTH PLATTE RIVER VESTED WATER PROPERTY

Problem: Non-historic high water table S.Platte River 

Solution: Reaffirm South Platte River Vested Water Property

HB 1278 study of the South Platte Alluvial Aquifer.

Dr. Reagan Waskom recommendations:
Mitigate Localized High Water Table Conditions; Increase augmentation plan efficiency; Implement basin-wide management;

HB ________Reaffirms 1278 and applies its recommendations as follows:

1. Reaffirm Colorado Statutes as pertaining to South Platte River Vested Water Property.
2. There shall be no agreement, decree, diversion or court decision made, that violates the Constitution of the
3. State of Colorado or established Colorado statutes as pertaining to South Platte River Vested Water Property.
4. Reaffirmation of Colorado Statutes will "Mitigate localized high water table conditions."

Reference: This document reflects changes current through all laws passed at the First Regular Session of the Sixty-Ninth General Assembly of the State of Colorado (2013) *** 

Vested Water Property 
C.R.S. 37-82-104 (2013)
37-82-104. Not to impair vested rights
Nothing in sections 37-82-103 to 37-82-105 shall be construed to amend or repeal section 37-82-102; or impair, diminish, or destroy any valid appropriation of water for any beneficial use which has been made or decreed in accordance with law; or modify, amend, or affect any decree of court or the statutes limiting the time wherein appropriators must appear for determination of priorities of right for diversions from natural streams or the decisions of the courts construing the statutes.
C.R.S. 38-30-102 (2013)

38-30-102. Water rights conveyed as real estate - well permit transfers - legislative declaration - definitions 

5. Colorado Statutes affirms the conditions under which diversions are allowed or disallowed. Adherence to these conditions will
6. "Increase augmentation plan efficiency."

Reference:
No diversions allowed
C.R.S. 37-81-101 (2013)
37-81-101. Diversion of water outside state - application required - special conditions – penalty 
 “…it is unlawful for any person, including a corporation, association, or other entity, to divert, carry, or transport by ditches, canals, pipes, conduits, natural streams, watercourses, or any other means any of the water resources found in this state into any other state for use therein…”

7.  by its course of reaffirmation of Vested Water Property, date of

8. Adjudication and yearly quantity will prevail, and the South Platte River 9. will correct itself, and, Implementation of basin-wide management will 10. be achieved.