CO SB078

Defines "reusable effluent" as return flows from foreign water, nontributary water, or decreed consumptive use water that has been placed to beneficial use at least once and discharged back to a water body after passing through a domestic wastewater facility.

Authorizes appropriators to use, reuse, and make successive uses of reusable effluent return flows in any location for any beneficial use without additional water court or state engineer approval, except as specified in the bill.

Requires the state engineer to review contemplated uses of reusable effluent return flows to verify they originate from reusable effluent, that adequate measuring and accounting systems exist, that transit loss can be measured, and that the water has previously been placed to beneficial use at least once.

Preserves existing contractual constraints and restrictions on reusable effluent use, including those in the Blue River Decree federal court action, unless parties consent in writing, and requires water court approval for augmentation or recharge plans using reusable effluent.

Takes effect 90 days after final adjournment of the general assembly (August 11, 2010) unless subject to referendum petition, with applicability to effluent reused on or after the effective date.