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 act requires a water right owner that 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 act implements a procedure that includes:The identification of site-specific 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 until the revegetation or conversion is successfully established; andA requirement that the water court:Order the water right owner to provide financial assurance to the local land use authority to cover the anticipated cost to achieve successful revegetation;Place limitations on the timing of use or percentage of the water that may be used for the new beneficial use during the revegetation or conversion to dryland farming process; orIf the water right owner has obtained a permit or entered into an intergovernmental agreement that requires financial assurance or establishes requirements governing the timing of use or percentage of the water that may be used for the new beneficial use, incorporate those requirements into the change-of-use decree.(Note: This summary applies to this bill as enacted.)

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