Water Share Right Mutual Ditch Corporation
HB21-1046
Last Action: Signed by Governor 05/20/2021
Concerning the use of a water right obtained through a mutual ditch corporation.
SESSION: 2021 Regular Session
SUBJECTS: Agriculture, Business & Economic Development, Natural Resources & Environment
BILL SUMMARY
For a mutual ditch corporation, the act clarifies that, subject to the articles of incorporation and bylaws of the corporation:
When stockholder demand exceeds supply, the corporation may limit or otherwise rotate delivery of water ratably among the stockholders; and
When a stockholder is not using some of or all of the available water under the stockholder's shares, the remaining stockholders taking delivery of water through the ditch may use any unused portion of the water that would otherwise have been available to the first stockholder.
The act specifies that it is not intended to prevent a stockholder from changing the use of the water rights represented by the stockholder's shares, create any impediments to changes in use, affect storage water rights, or change the standards for water court approval to change a water right.
(Note: This summary applies to this bill as enacted.)