SB13-078 Summary

• Allows water right owners to correct the location of diversion structures when the actual physical location differs from the location specified in original water decrees, without filing a change of water right application.

• Permits corrections only when the diversion has continuously operated at the same physical location since the decree was established and the error is due to clerical mistake, outdated locating methods, or minor inaccuracy.

• Establishes distance tolerances: surface water diversions within 500 feet of decreed location and groundwater diversions within 200 feet (unless decree specifies lesser distance).

• Applicants must prove by preponderance of evidence that correction will not enlarge historical water use or injuriously affect other water right holders, with a rebuttable presumption in their favor if all requirements are met.

• Prohibits the State Engineer from curtailing diversions solely based on erroneously described point of diversion and preserves full consideration of historical consumptive use during change of water right or abandonment proceedings.