Projects To Restore Natural Stream Systems
SB23-270
LAST ACTION: Sent to the Governor 05/15/2023
Concerning activities that restore the environmental health of natural stream systems without administration.
SESSION: 2023 Regular Session
SUBJECT: Water
BILL SUMMARY
The bill creates a rebuttable presumption that a project that is designed and constructed within a natural stream system for certain restoration purposes (stream restoration project) does not cause material injury to vested water rights (rebuttable presumption). A holder of a vested water right may challenge the rebuttable presumption by sufficiently demonstrating in a court of competent jurisdiction that the operation of the stream restoration project has caused material injury to a vested water right.The bill also requires that, at least 63 calendar days before the commencement of a stream restoration project, the owner or proponent of the stream restoration project register the project with the state engineer and provide notice to the substitute water supply plan notification list (registration and notice requirement).Upon the completion of a stream restoration project, the owner or proponent of the stream restoration project shall file a completion report with the state engineer.If a stream restoration project is limited to certain minor restoration activities:
The stream restoration project does not cause material injury to any vested water right;
The stream restoration project is not an unnecessary dam or other obstruction; and
The owner or proponent of the stream restoration project is not required to comply with the registration and notice requirement.
The bill states that a project that is designed and constructed within a natural stream system (stream restoration project) that is limited to certain minor restoration activities or has obtained any applicable permits or is under construction or completed by August 1, 2023:
Does not cause material injury to any vested water right; and
Is not an unnecessary dam or other obstruction.
(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)