HB 26-1340

HB 26-1340 is a Colorado law that requires farmers in water division 2 who change their irrigation water rights for other uses starting January 1, 2027, to either restore the land with vegetation or convert it to dry farming. This process must include proper erosion control and weed management, and an expert will review the land annually to ensure these changes are successful. If the restoration is not complete, farmers may have their water rights limited until they meet the requirements. The law aims to protect the environment by ensuring that farmland remains productive even when it's no longer being irrigated for agriculture. This bill has been signed into law and is now in effect.

Official Summary

The bill requires a water right owner who changes the use of their water right in water division 2 from agricultural irrigation purposes to another beneficial use on or after January 1, 2027, to engage in revegetation or a conversion to dryland farming with effective erosion control and weed management on the formerly irrigated agricultural land. The bill implements a procedure that includes:The identification of a site-specific standard criteria and an associated scientific and objective evaluation methodology to measure and determine the success of the revegetation or conversion to dryland farming;A requirement that the water court appoint a third-party revegetation or dryland farming expert to conduct annual field reviews and issue reports concerning the success of the revegetation or conversion to dryland farming ; (maintenance period); After the conclusion of a maintenance period for formerly irrigated agricultural land, authorizing the water court to order additional maintenance periods or to limit the amount of water subject to the water right to the percentage of formerly irrigated agricultural land for which revegetation or conversion to dryland farming is complete A provision requiring that once successful revegetation or conversion to dryland farming is achieved, a 5-year maintenance period begins during which the water right owner shall maintain the successful revegetation or conversion to dryland farming ; andLimitations on the timing or percentage of water subject to the water right that can be used for the new beneficial use during the revegetation or conversion to dryland farming process.(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.)

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