SB 18-170

Senate Bill 18-170, also known as "Reservoir Releases For Fish And Wildlife Mitigation," aims to protect fish and wildlife by requiring owners of water storage rights in new or expanded reservoirs to set aside a certain amount of water. This reserved water will be released into specific streams to help mitigate the negative effects that building or expanding these reservoirs might have on local ecosystems. The bill establishes a process through Colorado's water courts for implementing this requirement, and it was signed into law after being approved by both houses of the state legislature. This means that owners of new or expanded reservoirs will now need to follow these guidelines to ensure environmental protection.

Official Summary

Current law requires an applicant for a water diversion, delivery, or storage facility that requires an application for a permit, license, or other approval from the United States to submit for approval a proposal to the Colorado water conservation board (board), parks and wildlife commission, and the division of parks and wildlife for a fish and wildlife mitigation plan (mitigation plan), which mitigation plan, when approved, is communicated to each federal, state, or other governmental agency from the which the applicant must obtain a permit, license, or other approval. The bill establishes a water court process by which an owner of a water storage right allowing water to be stored in a newly constructed reservoir or an enlarged existing reservoir may comply with the mitigation measures identified in a mitigation plan by contracting with the board to dedicate to the board, pursuant to a water court decree, an amount of water for release into, and protection from diversion and use through, a qualifying stream reach to avoid, minimize, or mitigate the probable impacts that the newly constructed or expanded reservoir has on fish and wildlife resources. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

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