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Bill Detail: HB20-1097

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Title Connected Municipal Use No Change If Already Quantified
Status House Committee on Rural Affairs & Agriculture Postpone Indefinitely (02/13/2020)
Bill Subjects
  • Water
House Sponsors J. Arndt (D)
M. Young (D)
Senate Sponsors
House Committee Rural Affairs and Agriculture
Senate Committee
Date Introduced 01/14/2020
Description

Current law limits the place of use of water subject to a changed

water right that has been decreed for use in a treated domestic or
municipal water supply system to only that system. The bill authorizes the
use of that water in an interconnected treated domestic or municipal water
supply system if:
  • The water is attributable to a water right for which the
historical consumptive use has previously been quantified,
diverted from a point of diversion that has already been
decreed for that water right, and delivered from the decreed
treated system to the interconnected treated system without
the water being returned to the natural stream; and
  • The owner of the water right has given written notice to the
division engineer that identifies the proposed accounting
for the use of the water right and the division engineer has
approved the accounting.
The owner of the water right must give notice to all persons on the
substitute water supply plan notification list for the applicable water
division. The division engineer will review any comments received on the
proposed accounting and make a determination whether the accounting
is adequate. This determination may be appealed to the water judge. Other
than the place of use, all of the terms and conditions of the previous
change of water right decree continue to apply to the water right. A claim
to any return flows from the use of the water right in the interconnected
treated domestic or municipal water supply system must be approved by
the water judge.

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