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Bill Detail: HB20-1172

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Title No Abandonment Of Water Rights For Efficiencies
Status House Committee on Rural Affairs & Agriculture Postpone Indefinitely (03/02/2020)
Bill Subjects
  • Water
House Sponsors J. Arndt (D)
Senate Sponsors
House Committee Rural Affairs and Agriculture
Senate Committee
Date Introduced 01/28/2020

Current law provides that a period of nonuse of a portion of a
water right is tolled, and no intent to discontinue permanent use is found
for purposes of determining an abandonment of a water right, for the
duration that the nonuse of the water right by its owner is a result of any
of certain conditions. The bill adds a condition that applies when the
nonuse of a portion of a water right is a result of the implementation of

efficiency improvement projects or methods that result in a reduction of
the amount of water diverted for the decreed beneficial use. In such case:
  • For the period of nonuse to be tolled, the owner of the
water right must submit written notice of the efficiency
improvement project or method to the division engineer, on
a form prescribed by the division engineer, within one year
of the date that the efficiency improvement project or
method is first implemented; and
  • The nonuse of the portion of the water right is tolled for a
maximum of 20 years.

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