CO HB1159

Adds new subsection 37-92-502(2)(c) requiring the State Engineer to confirm the extent of unadjudicated water uses or exchanges existing on the date of an instream flow water right appropriation when claims are made for administration.

Makes the State Engineer's confirmation reviewable by the water court on a de novo basis.

Clarifies that the statute does not require or prohibit water users from seeking water court confirmation or adjudication of preexisting uses or exchanges.

Takes effect 90 days after the 2020 legislative session adjournment (August 5, 2020) unless subject to a referendum petition, in which case it requires voter approval at the November 2020 general election.

Applies to all claims for administration made pursuant to section 37-92-102(3)(b) occurring on or after the effective date.