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Legislative Year: 2021 Change
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Bill Detail: HB21-1046

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Title Water Share Right Mutual Ditch Corporation
Status Governor Signed (05/20/2021)
Bill Subjects
  • Agriculture
  • Business & Economic Development
  • Natural Resources & Environment
House Sponsors M. Catlin (R)
Senate Sponsors J. Sonnenberg (R)
R. Fields (D)
House Committee Agriculture, Livestock, and Water
Senate Committee Agriculture and Natural Resources
Date Introduced 02/16/2021
Summary

For a mutual ditch corporation, the bill creates a presumption,
which may be changed by changing the corporation's articles of
incorporation or bylaws, that the shares of stock owned by a stockholder
in the corporation represent:
  • The right to use the water rights appropriated or purchased
by the corporation; and

  • Corresponding rights to divert and deliver the stockholder's
water rights through a ditch, canal, reservoir, or other
works.
The bill also authorizes these water rights to be limited to a pro
rata amount at times when shareholder demand exceeds available supply.
A mutual ditch corporation may operate using traditional ditch operating
practices.
The bill clarifies that:
  • When a shareholder is not using some of or all of the
available water under the shareholder's rights, the right to
use the water rights does not include the right to prevent
other stockholders from using any portion of the
corporation's water rights; and
  • The statutes covering ditch and reservoir companies do not
prevent a stockholder from changing the use of the
stockholder's shares or change the standards for water court
approval to change a water right.

Committee Reports
with Amendments
Full Text
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Fiscal Notes Fiscal Notes (09/16/2021) (most recent)  
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