2023 Colorado Revised Statutes › Title 23 - POSTSECONDARY EDUCATION (§§ 23-1-101 — 23-81-102) › STATE UNIVERSITIES AND COLLEGES (§§ 23-1-101 — 23-56-111) › STATE UNIVERSITIES AND COLLEGES (§§ 23-20-101 — 23-56-111) › Article 31 - COLORADO STATE UNIVERSITY (§§ 23-31-101 — 23-31-1107) › Part 8 - COLORADO WATER INSTITUTE (§§ 23-31-801 — 23-31-804) › Section 23-31-804 - Republican river groundwater economic study - reporting - legislative declaration - definitions - repeal

(1)
The general assembly finds and declares that:
(a)
In 1942, the general assembly ratified the Republican river compact, an interstate compact between Colorado, Nebraska, and Kansas regarding the allocation of water among the three states from the Republican river;
(b)
Various disagreements and litigation have arisen among the three states regarding the use of water as allocated by the compact;
(c)
In 2016, Colorado, Nebraska, and Kansas, acting through the Republican river compact administration, adopted a series of resolutions resolving various disputes among the three states;
(d)
Under the terms of one of the resolutions, Colorado agreed to reduce the number of acres irrigated within an area of the Republican river basin known as the South Fork focus zone by twenty-five thousand acres by December 31, 2029, which action is a solemn obligation of the state;
(e)
If Colorado fails to meet its obligation under the terms of the South Fork focus zone resolution, the state engineer could be required to curtail all groundwater use subject to the Republican river compact; and
(f)
It is appropriate for the Colorado water center to study the economic impact that will result if Colorado fails to meet its obligation under the terms of the South Fork focus zone resolution and the state engineer is then required to curtail all large-capacity groundwater withdrawals within the Republican river basin.
(2)
As used in this section, unless the context otherwise requires:
(a)
"Agricultural committees" means the house of representatives agriculture, water, and natural resources committee and the senate agriculture and natural resources committee, or their successor committees.
(b)
Notwithstanding section
23-31-801 (1)
, "Colorado water center" or "center" means the institute.
(c)
"Large-capacity groundwater withdrawal" means the lawful ability to withdraw water in an amount of more than fifty gallons per minute from a well.
(d)
"Republican river basin" has the meaning set forth in section
37-50-102 (5)
.
(e)
"South Fork focus zone resolution" or "resolution" means the 2016 Republican river compact administration resolution signed by the commissioners of the Republican river compact administration on August 24, 2016, in which the state agreed to retire twenty-five thousand acres of its irrigated lands within the South Fork focus zone of the Republican river basin, and subsequent resolutions amending the terms of the resolution.
(f)
"State engineer" means the state engineer appointed by the governor pursuant to section
37-80-101
.
(g)
"Water resources and agriculture review committee" means the water resources and agriculture review committee created in section
37-98-102 (1)(a)(I)
.
(3)
On or before January 1, 2026, the Colorado water center shall complete a study of the economic impact that will result if Colorado fails to meet its obligation under the terms of the South Fork focus zone resolution and the state engineer is then required to curtail all large-capacity groundwater withdrawals within the Republican river basin. In conducting the study, the Colorado water center shall examine the economic impact to the areas of Colorado, Nebraska, and Kansas affected by the Republican river basin.
(4)
The center shall:
(a)
Prepare a progress report of the study conducted pursuant to this section and present the progress report to a joint committee of the agricultural committees during the joint committee's 2025 hearing held pursuant to section
2-7-203
of the "SMART Act", part 2 of article
7
of title
2
. The center shall submit a copy of the progress report to the water resources and agriculture review committee and, upon request of the committee, present the progress report to the committee.
(b)
On or before January 1, 2026, prepare a final report of the findings and conclusions from the study and post the final report on the center's website; and
(c)
During the 2026 calendar year, present the final report:
(I)
To the water resources and agriculture review committee; and
(II)
To the joint committee of the agricultural committees.
(5)
This section is repealed, effective January 1, 2027.
Added by 2023 Ch. 342,§ 1, eff. 6/3/2023.