SB 18-170 Summary

• Establishes a water court process allowing owners of water storage rights in new reservoir capacity to dedicate water to the Colorado Water Conservation Board for fish and wildlife mitigation releases in identified stream reaches.

• Owners may release water to preserve or improve the natural environment within a qualifying stream reach, then redivert the water at or below the downstream termination point for their original beneficial uses.

• Requires the Colorado Water Conservation Board to determine that proposed releases are appropriate for stream flows to preserve or improve the natural environment to a reasonable degree before water court approval.

• Protects mitigation releases from diversion or exchange by other water users within the qualifying stream reach unless fully augmented to prevent any reduction in protected flows, except for natural losses from evaporation and transportation.

• Applies only to applications filed on or after the effective date (August 8, 2018) and does not alter procedures for other types of water court applications.