CO HB1022

Permits mining operations with reclamation permits to exclude historic natural evapotranspiration losses from water replacement requirements when constructing impermeable areas.

Applies to both substitute supply plans under Colorado Revised Statutes 37-80-120 and augmentation plans under 37-92-305.

Requires applicants to bear the burden of proving the amount of historic natural depletion caused by preexisting natural vegetative cover and evaporation on areas that will be eliminated or made impermeable.

Takes effect August 8, 2012, or following voter approval if a referendum petition is filed within 90 days after final adjournment of the general assembly.

Applies to substitute supply plans approved and augmentation plans decreed on or after the effective date of the act.