SB13-041

SB13-041 Protect Water Storage Long Term Use sponsored by Senator Hodge and Rep. Fischer was signed by the Governor on April 8th.  This bill proposed by the Front Range Water Council preserves the ability of water providers to hold water in storage for use in times of drought.  Water users were concerned that the decision in the 2011 Upper  Yampa Water Conservancy District vs. Wolfe case could force providers to fully drain storage facilities to make water rights absolute, eliminating the ability to maintain drought protection supplies.  SB13-041 reverses this Supreme Court decision by designating water storage as a beneficial use.  The bill also protects drought supplies reserved in storage facilities from claims of abandonment.  SB13-041 maintains the flexibility of water users to manage water rights to make the most efficient use of existing water supplies rather than the court dictating that all senior water rights must be used before a junior water right could be made absolute.