Revegetate or Dry Farm Formerly Irrigated Agricultural Land

Plain English Breakdown

The official summary does not specify exactly how 'site-specific criteria' will be determined, only that a procedure for their identification is implemented.

Revegetate or Dry Farm Formerly Irrigated Agricultural Land

This law requires water right owners in Water Division 2 who stop using their water for farming on or after January 1, 2027, to plant new vegetation or switch the land to dryland farming with erosion control and weed management.

What This Bill Does

• Requires revegetation or conversion to dryland farming with effective erosion control and weed management when a water use change occurs in Water Division 2 on or after January 1, 2027.
• Establishes site-specific criteria and scientific methods to measure the success of these land changes.
• Orders the water court to appoint an expert for annual field reviews until the new vegetation or farming method is successfully established.
• Allows the water court to require financial assurance from owners to cover costs if revegetation fails, place limits on when or how much water can be used during the transition, or incorporate existing permit requirements into the final decree.

Who It Names or Affects

• Water right owners in Water Division 2 who change their water use from agricultural irrigation to another beneficial use on or after January 1, 2027.
• The state water court responsible for appointing experts and issuing orders regarding financial assurance or usage limits.

Terms To Know

Water Division 2

A specific geographic area where this law applies to changes in water rights use.

Dryland farming

Farming methods that do not rely on irrigation, used here as an alternative when stopping agricultural irrigation.

Financial assurance

Money provided by the owner to cover anticipated costs if successful revegetation is not achieved.

Limits and Unknowns

• The law only applies to water use changes occurring on or after January 1, 2027.
• Specific site criteria and evaluation methods must be identified but are not detailed in the summary text provided.
• Financial assurance amounts depend on anticipated costs for each specific case.

Official Summary Text

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; and
A 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; or
If 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.)