New legislation now offers Colorado water- right holders added protection if they lease or donate water rights to the Colorado Water Conservation Board for nonconsumptive purposes. House Bill 1280, sponsored by Fort Collins Democrat Rep. Randy Fischer, made its way downstream and onto Gov. Bill Ritter's desk last month where it was signed into law.
Conservationists are trumpeting the bill as a good fix to existing state law that allowed water rights to be donated or leased for conservation purposes but didn't protect the rights during the lease time. In Colorado, a water right is partially defined by historic uses, which change and can be considered "abandoned" if the water holder doesn't use it for long periods of time.
"For too long, ranchers and farmers could lose their water rights if they didn't use all the water they were given annually," Fischer said. "We live in a large, dry Western state that's susceptible to drought, and it's time we reward - not punish - those who conserve. This legislation gives landowners an important incentive to turn off the tap."
Gov. Ritter, who often speaks about his love of being on the river, agreed the bill was worthy of becoming law. "As an avid fly-fisherman, preserving Colorado's rivers and streams is extremely important to me," Ritter said. "It's also vital to our environment and our economy. This new law will strengthen Colorado's 35-year-old Instream Flow Program and ensure that water rights leased or loaned to the Colorado Water Conservation Board for environmental purposes will not be weakened, lost or considered abandoned."
EDIT
http://www.coloradoan.com/apps/pbcs.dll/article?AID=/20080505/NEWS01/805050326/1002/CUSTOMERSERVICE02This is a
really big deal - it totally upends 100+ years of water law fundamentals.
:applause:
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