HB16-1109 Summary

• Creates the "Colorado Water Rights Protection Act" establishing that water rights are usufructuary property rights protected under the U.S. and Colorado constitutions, with the right to sell being an essential element.

• Prohibits Colorado's State Engineer and Division Engineers from enforcing or administering federal efforts that require transfer of water rights to the U.S. Forest Service or Bureau of Land Management, or that restrict water right use or alienability as conditions for federal land use permits.

• Declares that the U.S. Forest Service and Bureau of Land Management are subject to Colorado water court jurisdiction for water right claims and allows them to participate in water court proceedings and seek protective terms and conditions.

• Does not grant, deny, or impact the federal government's legal authority to impose bypass flow requirements in special use permits, nor does it affect state and local government permitting authority for land use or other regulatory actions.

• Takes effect August 10, 2016, unless subject to a referendum petition, in which case it requires voter approval at the November 2016 general election.