HB 16-1228 Summary

• Creates "agricultural water protection water rights" allowing owners of absolute decreed irrigation water rights in Water Divisions 1 or 2 to lease, loan, or trade up to 50 percent of their historical consumptive use while maintaining agricultural use for the remainder.

• Requires water right owners participating in the program to enroll in conservation programs (such as Colorado's Conservation Easement Program or equivalent state/federal programs) to protect historically irrigated land.

• Establishes substitute water supply plan approval process through the State Engineer with 35-day public notice and comment periods, including requirements for return flow obligations and terms preventing injury to other water rights.

• Substitute water supply plans are valid for one year and may be renewed twice without reapplication if terms remain unchanged; full reapplication required every three years.

• Directs the Colorado Water Conservation Board to develop minimum criteria and guidelines for agricultural water protection programs in Water Divisions 1 and 2 and the State Engineer to promulgate implementing rules, both to be finalized within one year.