LEGISLATIVE DEVELOPMENTS

July 2004

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Legislation Enacted to Repeal Colorado’s Water Right Administration Fee Program.

In May, 2003, Colorado Senate Bill 03-278 was enacted to authorize the State Engineer to impose a fee for the administration of water rights. See C.R.S., § 37-80-121 (2003). The program was designed to provide funding for the Division of Water Resources (Division) to offset budget cuts stemming from the recent decline in state revenue. Under the program, the Division would assess a fee of ten dollars $10 per year on direct flow water rights decreed for at least 1.0 cfs for either irrigation or stockwatering purposes. Direct flow water rights decreed for at least 1.0 cfs for any other purpose would be assessed an annual fee of $250 for administration. Storage water rights decreed for at least 100 acre-feet (AF) irrigation, recharge or stockwatering would be charged $25 per year, and storage rights decreed for at least 100 AF for any other would be charged $100 per year.