Colorado lawmakers push bills focused on water quality, agriculture exemptions

Bills focused on water quality, agricultural exemptions and wolf depredation claims received early legislative support Wednesday while an effort to prevent water speculation was left on the chopping block.

The Colorado Legislature's Water Resources and Agriculture Review Committee met Wednesday to decide which bills will be introduced in the upcoming legislative session. The committee supported eight bills, but five drafted policies did not make it out of the meeting — including one proposed by Sen. Dylan Roberts, a Summit County Democrat, whose idea to strengthen transparency in water rights transactions did not have enough support. "We talk about how we don't want water speculation in Colorado, but then we don't really ever do anything about it," Roberts said during the meeting. "This is a continued issue that this body and future bodies will have to take on."

Speculation, which is illegal under Colorado water law, happens when someone tries to get, change or keep a water right without a specific plan for how to use the water. It can also occur when someone has a water right — and has a plan for using it — but their primary purpose is to profit from the increased value of the water by selling or leasing it later on.

This has been a big concern in Western states, where an overstressed water supply and changing climate have drawn the attention of investors keen to make a profit.

In 2020, lawmakers passed a bill to study how to strengthen anti-speculation law, and in 2021, they convened a work group to do the same. In 2022, a bill to prohibit speculation in agricultural water rights failed to advance.

Roberts said he wished the discussion had been more robust and concerns had been brought to him. Individual lawmakers still have the option to introduce their bills in January, and Roberts may still introduce the bill this session , he said in an interview Thursday.

"The intent of the bill was, let's make water transactions the exact same as when you sell your house or a piece of property," Roberts said during the meeting. "The fact that water is a public resource, a public good in our state — transparency is even more important."

What else got stopped in its tracks?

The meeting gave an early glimpse of which issues lawmakers are ready to tackle — and where they have lingering concerns.

The committee initially supported drafting a bill, requested by Rep. Karen McCormick, D-Longmont, to convene an advisory group focused on access to veterinary care. But they voted against introducing it this session. McCormick still plans to introduce this bill, she said in an interview Thursday.

Legislators also chose not to bring up bill proposals that had been drafted for a vote for committee support.

One bill that would have required Colorado Wildlife Council members to have hunting or fishing licenses, didn't make it to a vote. Neither did a bill drafted to preserve historic agricultural or grazing uses on state land.

McCormick was drafting a bill to fill in oversight gaps in how land is revegetated when its water rights are repurposed, but decided not to bring it up for a vote.

When a water right is repurposed — like when a city buys an agricultural water right on farmland to use the water for municipal purposes — state law requires revegetation. That doesn't always happen, McCormick said.

"We need to see if there are ways forward on this because there are places in our state where it's being assumed revegetation is taking place, and then there's no follow-up and oversight," she said.

Several committee members supported addressing the lack of oversight, saying it is a massive issue in their communities. They want to get it fixed, and do it in the right way, said Republican Sen. Byron Pelton of Sterling.

"This is certainly a policy near and dear to my heart as well," Sen. Cleave Simpson, R-Alamosa, said. "You have my commitment as well, Rep. McCormick, to work over the next few months and see if we can't get to a really good spot."

What bills will be introduced this session?

Lawmakers approved eight bills that will be introduced to the General Assembly from the committee.

Roberts recommended a bill to remove licensure requirements for people who inspect, test and repair backflow devices . Backflow happens when water, fluids or gas flow in reverse, which can become a water quality issue, legislators said. People who install or remove the devices would still need a license. Several backflow operators spoke in support of the bill during public comment Wednesday.

Roberts will sponsor a bill, tied to wolf reintroduction issues, that would keep personal information private in wildlife compensation claims, including depredation claims. Roberts said people are hesitant to fill out depredation claims because they're worried their personal information will be shared to the public and the media. It has had a chilling effect on people seeking reimbursement from the state's fund, he said.

McCormick requested a bill that would update gendered and antiquated language — like changing "man" to "human" or "he" to "the commissioner" — in an agriculture-related section of the Colorado Revised Statutes without changing any of the policy.

Roberts requested a bill that would include commercial operations that raise pigs and chickens in the definition of a "ranch" used in property tax exemptions . The current definition focuses on grazing livestock, like cattle and sheep. Sen. Janice Marchman, D-Loveland, and Sen. Jeff Bridges, D-Greenwood Village, raised concerns about possible fiscal impacts, like a multimillion-dollar decrease in school finance funds .

Simpson recommended a bill that aims to address mining-related water quality issues , like acid drainage, nonsource-point pollution and waste rock. It would create a new permit to facilitate the cleanup of abandoned mine waste piles, and ratify Colorado's membership in the Interstate Mining Compact and Interstate Mining Commission.

Roberts requested a bill to continue the Colorado Wildlife Habitat Stamp Program indefinitely. The program is scheduled to expire July 1, 2027.

Pelton requested a bill that would redefine agricultural buildings in order to exempt certain structures from energy use reporting requirements.

Roberts requested a bill that would create a task force to evaluate future water funding from severance taxes . The tax revenue is volatile and sometimes used for other purposes, like balancing the state budget. The task force would explore ways to have a more secure funding source, Roberts said.