SB 12-097 Summary

• Adds new simplified procedure for applications to change surface water diversion points that meet specific criteria, avoiding need for full water rights change litigation.

• Defines "simple change in a surface point of diversion" as a standalone change with no intervening surface diversion points or inflows between the old and new locations, and not combined with other water right modifications.

• Applicant must prove the change will not increase water diverted beyond decreed amounts and will not injuriously affect other vested or conditional water rights, though a rebuttable presumption applies against enlargement of historical use.

• Applicant is not required to prove future capability to use water, comply with anti-speculation doctrine, or demonstrate future need under specified Colorado court cases when pursuing a simple change.

• Applies to applications filed on or after the effective date and was approved by Governor John Hickenlooper.