CO SB212

Declares that storm water detention and infiltration facilities and post-wildland fire facilities are essential for protecting public safety, welfare, property, and the environment.

Storm water facilities must be government-owned or overseen, release at least 97% of water from five-year storms within 72 hours, and 99% of larger storms within 120 hours while operating passively without active treatment.

Existing storm water facilities and post-wildland fire facilities operating in compliance with the law do not cause material injury to vested water rights.

Creates a rebuttable presumption that newly constructed facilities do not cause material injury if they approximate the natural hydrograph and peak flows that would have existed without urban development.

Prohibits the detaining entity from using retained water for substitution, exchange, or subsequent diversion, and clarifies facility operation does not create any water right or credit.