CO HB1159

Water judges must include terms and conditions in decrees for water exports of at least 1,000 acre-feet annually across water division boundaries to ensure present and prospective beneficial uses in the source division are not impaired or costs increased.

Applicants can satisfy requirements by entering into mitigation agreements with water conservation and conservancy districts where water is diverted or purchased for exchange, with agreement terms included as enforceable decree conditions.

Districts proposing mitigation agreements must provide written notice at least 45 days before finalization to the water court, Division of Water Resources, interested persons, and local basin roundtables, and make draft agreements available at least 10 days prior.

Applies to applications for conditional water rights, conditional appropriative rights of exchange, and water right changes of at least 10 years duration, but excludes nonrenewable changes under 10 years and pre-existing conditional water rights.

Provisions become effective 90 days after legislative adjournment and apply only to water right applications filed on or after the effective date.