HB20-1157 Summary

• Allows owners of any decreed water right to voluntarily loan water to the Colorado Water Conservation Board for instream flow purposes to preserve or improve the natural environment to a reasonable degree.

• Establishes two loan types: expedited loans (up to one year) and renewable loans (up to five years in a ten-year period with maximum three consecutive years), each requiring state engineer approval.

• Increases filing fee from $100 to $300 and requires applicants to provide written notice to water users on substitute supply plans and registered agents of ditch companies, irrigation districts, and water supply entities.

• Provides different comment periods: 15 days for expedited loans and 60 days for renewable loans; places burden of proof on applicants to demonstrate loaned water does not cause injury to other water rights.

• Requires Colorado Water Conservation Board to promulgate rules for loan review including biological analysis from Parks and Wildlife Division and preference for loaned stored water over direct flow water.