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HB26-1340 • 2026

Revegetate or Dry Farm Formerly Irrigated Agricultural Land

The bill requires a water right owner who 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 engag

Agriculture Water
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Rep. T. Winter, Sen. N. Hinrichsen, Sen. R. Pelton
Last action
2026-03-25
Official status
Introduced In House - Assigned to Agriculture, Water & Natural Resources
Effective date
Not listed

Plain English Breakdown

The bill text and summary do not provide specific details about penalties or consequences if requirements are not met.

Revegetate or Dry Farm Formerly Irrigated Land

This bill requires water right owners in Water Division 2 to engage in revegetation or conversion to dryland farming if they change their agricultural irrigation rights to other uses after January 1, 2027.

What This Bill Does

  • Requires water right owners who change from agricultural irrigation to another use to engage in revegetation or a conversion to dryland farming with effective erosion control and weed management on the formerly irrigated land.
  • Establishes a process for identifying site-specific standards and evaluation methods to measure the success of these changes.
  • A third-party expert is required to conduct annual field reviews and issue reports about the progress of revegetation or conversion to dryland farming.

Who It Names or Affects

  • Water right owners in Water Division 2 who change their agricultural irrigation rights to other uses after January 1, 2027.

Terms To Know

Revegetation
The process of restoring vegetation on land that has been cleared or damaged.
Dryland farming
A type of agriculture where crops are grown without irrigation, relying solely on rainfall.

Limits and Unknowns

  • It is unclear what happens if the water right owner fails to comply with the requirements.
  • The bill does not specify how it will affect existing agricultural practices before January 1, 2027.

Bill History

  1. 2026-03-25 House

    Introduced In House - Assigned to Agriculture, Water & Natural Resources

Official Summary Text

The bill requires a water right owner who 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 bill implements a procedure that includes:
The identification of a site-specific standard and 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 (maintenance period);
After the conclusion of a maintenance period for formerly irrigated agricultural land, authorizing the water court to order additional maintenance periods or to limit the amount of water subject to the water right to the percentage of formerly irrigated agricultural land for which revegetation or conversion to dryland farming is complete; and
Limitations on the percentage of water subject to the water right that can be used for the new beneficial use during the revegetation or conversion to dryland farming process.
(Note: This summary applies to this bill as introduced.)

Current Bill Text

Read the full stored bill text
Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED

LLS NO. 26-0274.02 Renee Leone x2695 HOUSE BILL 26-1340
House Committees Senate Committees
Agriculture, Water & Natural Resources
A BILL FOR AN ACT
CONCERNING REQUIREMENTS FOR FORMERLY IRRIGATED101
AGRICULTURAL LAND FOR WHICH AN AGRICULT URAL102
IRRIGATION WATER RIGHT IN WATER DIVISION 2 IS CHANGED TO103
ANOTHER BENEFICIAL USE.104
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill w ill be av ailable at
http://leg.colorado.gov.)
The bill requires a water right owner who 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
HOUSE SPONSORSHIP
Winter T.,
SENATE SPONSORSHIP
Pelton R. and Hinrichsen,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
revegetation or a conversion to dryland farming with effective erosion
control and weed management on the formerly irrigated agricultural land.
The bill implements a procedure that includes:
! The identification of a site-specific standard and 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
(maintenance period);
! After the conclusion of a maintenance period for formerly
irrigated agricultural land, authorizing the water court to
order additional maintenance periods or to limit the amount
of water subject to the water right to the percentage of
formerly irrigated agricultural land for which revegetation
or conversion to dryland farming is complete; and
! Limitations on the percentage of water subject to the water
right that can be used for the new beneficial use during the
revegetation or conversion to dryland farming process.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 37-92-305, add2
(4.5)(a.5) as follows:3
37-92-305. Standards with respect to rulings of the referee and4
decisions of the water judge - definitions.5
(4.5) (a.5) THE TERMS AND CONDITIONS APPLICABLE TO CHANGES6
OF USE OF WATER RIGHTS IN WATER DIVISION 2, FROM AGRICULTURAL7
IRRIGATION PURPOSES TO OTHER BENEFICIAL USES, DECREED ON OR AFTER8
JANUARY 1, 2027, ARE DESIGNED TO ACCOMPLISH REVEGETATION OR9
CONVERSION TO DRYLAND FARMING , EROSION CONTROL , AND WEED10
MANAGEMENT ON LAND FROM WHICH IRRIGATION WATER IS PERMANENTLY11
REMOVED FOR OTHER BENEFICIAL USES. THE WATER COURT SHALL APPLY12
REVEGETATION TERMS AND CONDITIONS IN A DECREE APPROVING A13
SUBSEQUENT CHANGE OF USE OF A PREVIOUSLY CHANGED AGRICULTURAL14
HB26-1340-2-
IRRIGATION WATER RIGHT ONLY IF THE PRIOR DECREE CHANGING THE1
SAME AGRICULTURAL IRRIGATION WATER RIGHT DID NOT INCLUDE2
REVEGETATION TERMS AND CONDITIONS PURSUANT TO THIS SUBSECTION3
(4.5)(a.5). THE WATER RIGHT OWNER SHALL COMPLY WITH SUCH TERMS4
AND CONDITIONS. THE TERMS AND CONDITIONS APPLICABLE TO WATER5
DIVISION 2 INCLUDE:6
(I) (A) WHEN APPLYING TO THE WATER COURT FOR A CHANGE OF7
USE OF A WATER RIGHT PURSUANT TO THIS SUBSECTION (4.5)(a.5), THE8
WATER RIGHT OWNER SHALL IDENTIFY FOR THE WATER COURT 'S9
CONSIDERATION A SITE -SPECIFIC STANDARD AND AN ASSOCIATED10
SCIENTIFIC EVALUATION METHODOLOGY FOR THE FORMERLY IRRIGATED11
AGRICULTURAL LAND TO MEASURE AND DETERMINE THE SUCCESS OF12
REVEGETATION EFFORTS TO ESTABLISH A PRODUCTIVE , DIVERSE , AND13
PERENNIAL VEGETATIVE COVER OR THE SUCCESS OF A CONVERSION TO14
DRYLAND FARMING THAT RESULTS IN WEEDS AND SOIL EROSION BEING15
EFFECTIVELY MANAGED. THE WATER COURT SHALL INCLUDE A STANDARD16
AND EVALUATION METHODOLOGY IN THE DECREE APPROVING THE CHANGE17
OF USE OF THE WATER RIGHT.18
(B) T HE STANDARD IDENTIFIED PURSUANT TO SUBSECTION19
(4.5)(a.5)(I)(A) OF THIS SECTION MUST INCLUDE WEED MANAGEMENT20
PROVISIONS DESIGNED TO PROTECT THE SOIL RESOURCE , PREVENT WEED21
INFESTATIONS, AND PROTECT THE AVAILABLE SOIL MOISTURE . AT A22
MINIMUM, SUCH PROVISIONS MUST INCLUDE REQUIREMENTS THAT WEED23
INFESTATIONS BE CONTROLLED BY METHODS SUCH AS MOWING, HERBICIDE24
APPLICATION, BIOLOGICAL CONTROL , OR A COMBINATION OF MOWING ,25
HERBICIDE APPLICATION, AND BIOLOGICAL CONTROL . NOXIOUS WEEDS26
MUST BE CONTROLLED PURSUANT TO THE "COLORADO NOXIOUS WEED27
HB26-1340-3-
ACT", ARTICLE 5.5 OF TITLE 35.1
(C) IF, PRIOR TO APPLYING TO THE WATER COURT FOR THE CHANGE2
OF USE OF THE WATER RIGHT, THE WATER RIGHT OWNER HAS, PURSUANT3
TO SECTION 24-65.1-501, OBTAINED A PERMIT OR ENTERED INTO AN4
INTERGOVERNMENTAL AGREEMENT THAT REQUIRES REVEGETATION OR5
CONVERSION TO DRYLAND FARMING ON THE FORMERLY IRRIGATED6
AGRICULTURAL LAND FROM THE LOCAL PERMIT AUTHORITY WHERE THE7
FORMERLY IRRIGATED AGRICULTURAL LAND IS LOCATED , THE COURT8
SHALL USE THE STANDARD AND EVALUATION METHODOLOGY SET FORTH9
IN THE PERMIT OR INTERGOVERNMENTAL AGREEMENT.10
(D) I F THE WATER RIGHT OWNER HAS NOT ENTERED INTO AN11
INTERGOVERNMENTAL AGREEMENT OR OBTAINED A PERMIT PURSUANT TO12
SECTION 24-65.1-501 AND THE LOCAL LAND USE AUTHORITY WITH13
JURISDICTION OVER THE FORMERLY IRRIGATED AGRICULTURAL LAND HAS14
ADOPTED A STANDARD AND EVALUATION MET HODOLOGY FOR15
REVEGETATION OR CONVERSION TO DRYLAND FARMING, THE COURT SHALL16
USE THAT STANDARD AND EVALUATION METHODOLOGY.17
(II) I F, FOLLOWING A CHANGE OF USE OF A WATER RIGHT18
PURSUANT TO THIS SUBSECTION (4.5)(a.5), THE WATER COURT FINDS THAT19
A WATER RIGHT OWNER , WITHIN A REASONABLE AM OUNT OF TIME , IS20
IRRIGATING THE FORMERLY IRRIGATED AGRICULTURAL LAND WITH21
ANOTHER SOURCE OF WATER ; IS RE -IRRIGATING THE LAND WITH THE22
WATER FROM THE SAME WATER RIGHT , AS AUTHORIZED BY THE WATER23
COURT; OR IS CONVERTING THE LAND FROM IRRIGATED AGRICULTURAL24
LAND TO ANOTHER USE IN WHICH WEEDS AND SOIL EROSION ARE25
ADEQUATELY CONTROLLED, THE WATER COURT MAY DEEM THE TERMS26
AND CONDITIONS SET FORTH IN THIS SUBSECTION (4.5)(a.5) SATISFIED.27
HB26-1340-4-
(III) (A) UPON ISSUING A CHANGE-OF-USE DECREE PURSUANT TO1
THIS SUBSECTION (4.5)(a.5), THE WATER COURT SHALL APPOINT, AND THE2
WATER RIGHT OWNER SHALL PAY FOR THE SERVICES OF , A NEUTRAL3
THIRD-PARTY REVEGETATION OR CONVERSION TO DRYL AND FARMING4
EXPERT, WHO SHALL EVALUATE THE PROGRESS OF THE REVEGETATION OR5
CONVERSION TO DRYLAND FARMING ON THE FORMERLY IRRIGATED6
AGRICULTURAL LAND AND DETERMINE WHEN AND TO WHAT EXTENT THE7
REVEGETATION OR CONVERSION TO DRYLAND FARMING IS ESTABLISHED IN8
ACCORDANCE WITH THE STANDARD AND EVALUATION METHODOLOGY9
IDENTIFIED PURSUANT TO SUBSECTION (4.5)(a.5)(I) OF THIS SECTION.10
(B) THE THIRD-PARTY EXPERT SHALL CONDUCT AN ANNUAL FIELD11
REVIEW OF THE FORMERLY IRRIGATED AGRICULTURAL LAND ON A12
FIELD-BY-FIELD BASIS AND PRODUCE A STATUS REPORT AT LEAST13
ANNUALLY UNTIL COMPLETE SUCCESSFUL REVEGETATION OR CONVERSION14
TO DRYLAND FARMING HAS OCCURRED , AS DETERMINED BY THE15
THIRD-PARTY EXPERT AND CONFIRMED BY THE WATER COURT.16
(C) A T LEAST TWENTY DAYS PRIOR TO THE FIELD REVIEW , THE17
WATER RIGHT OWNER SHALL GIVE NOTICE OF THE OCCURRENCE OF THE18
THIRD-PARTY EXPERT'S FIELD REVIEW TO THE OWNER OF THE FORMERLY19
IRRIGATED AGRICULTURAL LAND AND THE PARTIES TO THE CHANGE OF USE20
OF THE WATER RIGHT PROCEEDING , AND THE PARTIES SHALL HAVE AN21
OPPORTUNITY TO PARTICIPATE IN THE FIELD REVIEW.22
(D) T HE THIRD -PARTY EXPERT SHALL STATE IN EACH STATUS23
REPORT THE PERCENTAGE OF THE FORMERLY IRRIGATED AGRICULTURAL24
LAND ON WHICH REVEGETATION OR DRYLAND FARMING IS SUCCESSFULLY25
ESTABLISHED IN ACCORDANCE WITH THE STANDARD AND EVALUATION26
METHODOLOGY IDENTIFIED PURSUANT TO SUBSECTION (4.5)(a.5)(I) OF27
HB26-1340-5-
THIS SECTION.1
(E) THE THIRD-PARTY EXPERT SHALL PROVIDE A STATUS REPORT2
TO THE WATER RIGHT OWNER , AND THE WATER RIGHT OWNER SHALL3
SUBMIT THE STATUS REPORT TO THE OWNER OF THE FORMERLY IRRIGATED4
AGRICULTURAL LAND , THE WATER COURT , THE DIVISION OF WATER5
RESOURCES, AS DESCRIBED IN SECTION 24-33-104 (1)(e), AND THE PARTIES6
TO THE CHANGE OF USE OF THE WATER RIGHT PROCEEDING WITHIN7
TWENTY DAYS AFTER RECEIVING THE STATUS REPORT FROM THE8
THIRD-PARTY EXPERT. THE WATER COURT SHALL GIVE THE PARTIES SIXTY9
DAYS TO COMMENT ON OR REBUT THE STATUS REPORT OR THE STATUS OF10
THE PREVIOUSLY IRRIGATED LANDS.11
(IV) (A) O NCE THE WATER COURT RECEIVES THE THIRD -PARTY12
EXPERT'S STATUS REPORT INDICATING THAT SUCCESSFUL REVEGETATION13
OR DRYLAND FARMING IS ESTABLISHED ON FORMERLY IRRIGATED14
AGRICULTURAL ACRES OF LAND ON A FARM-BY-FARM BASIS, AND IF THE15
WATER COURT AGREES, THEN A FIVE-YEAR MAINTENANCE PERIOD BEGINS,16
DURING WHICH THE WATER RIGHT OWNER SHALL MAINTAIN THE17
REVEGETATION OR DRYLAND FARMING ACHIEVED ON THE FORMERLY18
IRRIGATED AGRICULTURAL LAND.19
(B) W ITHIN NINETY DAYS BEFORE NOVEMBER 1 OF THE FINAL20
YEAR OF THE MAINTENANCE PERIOD , THE THIRD -PARTY EXPERT OR , IF21
THAT PERSON IS NO LONGER AVAILABLE, A DIFFERENT THIRD -PARTY22
EXPERT APPOINTED BY THE COURT SHALL CONDUCT A FIELD REVIEW OF23
THE FORMERLY IRRIGATED AGRICULTURAL LAND . THE THIRD -PARTY24
EXPERT SHALL PRODUCE A MAINTE NANCE REPORT . THE MAINTENANCE25
REPORT MUST INDICATE THE EXTENT TO WHICH THE REVEGETATION OR26
DRYLAND FARMING ACHIEVED CONTINUES TO BE SUCCESSFUL AND27
HB26-1340-6-
IDENTIFY ANY PORTIONS OF THE FORMERLY IRRIGATED AGRICULTURAL1
LAND ON WHICH REVEGETATION OR DRYLAND FARMING IS NO LONGER2
SUCCESSFUL IN ACCORDANCE WITH THE STANDARD AND EVALUATION3
METHODOLOGY IDENTIFIED PURSUANT TO SUBSECTION (4.5)(a.5)(I) OF4
THIS SECTION.5
(C) THE THIRD-PARTY EXPERT SHALL PROVIDE THE MAINTENANCE6
REPORT TO THE WATER RIGHT OWNER ON OR BEFORE DECEMBER 1 OF THE7
FINAL YEAR OF THE MAINTENANCE PERIOD, AND THE WATER RIGHT OWNER8
SHALL SUBMIT THE MAINTENANCE REPORT TO THE OWNER OF THE9
FORMERLY IRRIGATED AGRICULTURAL LAND , THE WATER COURT , THE10
DIVISION OF WATER RESOURCES, AND THE PARTIES TO THE CHANGE OF USE11
OF THE WATER RIGHT PROCEEDING WITHIN TWENTY DAYS AFTER12
RECEIVING THE MAINTENANCE REPORT FROM THE THIRD-PARTY EXPERT.13
THE WATER COURT SHALL GIVE THE PARTIES SIXTY DAYS TO COMMENT ON14
OR REBUT THE MAINTENANCE REPORT OR THE STATUS OF THE PREVIOUSLY15
IRRIGATED LANDS.16
(D) IF, AT THE CONCLUSION OF THE MAINTENANCE PERIOD AND17
AFTER THE WATER COURT 'S REVIEW OF THE THIRD -PARTY EXPERT 'S18
MAINTENANCE REPORT, THE WATER COURT DETERMINES THAT COMPLETE19
REVEGETATION OR CONVERSION TO DRYLAND FARMING IS SUCCESSFUL ON20
ALL PORTIONS OF THE FORMERLY IRRIGATED AGRICULTURAL LAND , THE21
WATER COURT MAY DEEM THE TERMS AND CONDITIONS SET FORTH IN THIS22
SUBSECTION (4.5)(a.5) SATISFIED.23
(E) I F, AT THE CONCLUSION OF THE MAINTENANCE PERIOD AND24
AFTER THE WATER COURT 'S REVIEW OF THE THIRD -PARTY EXPERT 'S25
MAINTENANCE REPORT , THE WATER COURT DETERMINES THAT26
REVEGETATION OR CONVERSION TO DRYLAND FARMING ON THE FORMERLY27
HB26-1340-7-
IRRIGATED AGRICULTURAL LAND IS NOT SUCCESSFUL IN ACCORDANCE1
WITH THE STANDARD AND EVALUATION METHODOLOGY IDENTIFIED2
PURSUANT TO SUBSECTION (4.5)(a.5)(I) OF THIS SECTION , THE WATER3
COURT MAY ORDER ADDITIONAL SUBSEQUENT MAINTENANCE PERIODS OR4
MAY LIMIT THE WATER RIGHT OWNER'S USE OF THE WATER SUBJECT TO THE5
WATER RIGHT TO THE PERCENTAGE OF THE FORMERLY IRRIGATED6
AGRICULTURAL LAND ON WHICH THE WATER COURT DETERMINES7
COMPLETE REVEGETATION OR CONVERSION TO DRYLAND FARMING IS8
SUCCESSFUL. THE PROCEDURE SET FORTH IN THIS SUBSECTION9
(4.5)(a.5)(IV) APPLIES TO EACH ADDITIONAL MAINTENANCE PERIOD10
ORDERED BY THE WATER COURT.11
(V) A WATER RIGHT OWNER WHOSE FORMERLY IRRIGATED12
AGRICULTURAL LAND IS SUBJECT TO THIS SUBSECTION (4.5)(a.5) SHALL13
RECORD A TEMPORARY ACCESS EASEMENT ON THE PROPERTY DEED OF THE14
LAND THAT:15
(A) G RANTS ACCESS TO THE THIRD -PARTY EXPERT ENGAGED16
PURSUANT TO SUBSECTION (4.5)(a.5)(III) OF THIS SECTION AND ANY17
OTHER INDIVIDUALS WHO REQUIRE ACCESS TO ENSURE ALL OF THE TERMS18
AND CONDITIONS SET FORTH IN THIS SUBSECTION (4.5)(a.5) ARE BEING19
MET;20
(B) SPECIFICALLY REFERENCES THE ASSOCIATED WATER COURT21
CASE NUMBER, IF AVAILABLE; AND22
(C) M UST REMAIN IN EFFECT UNTIL THE WATER COURT23
DETERMINES THAT ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS24
SUBSECTION (4.5)(a.5) HAVE BEEN SATISFIED.25
(VI) THE WATER COURT MAY NOT IMPOSE THE REQUIREMENT SET26
FORTH IN SUBSECTION (4.5)(a.5)(V) OF THIS SECTION IF THE WATER RIGHT27
HB26-1340-8-
OWNER FILED FOR THE CHANGE OF USE OF THE WATER RIGHT WITH THE1
WATER COURT PRIOR TO THE EFFECTIVE DATE OF THIS SUBSECTION2
(4.5)(a.5) OR THE WATER RIGHT OWNER ACQUIRED THE WATER RIGHTS3
SUBJECT TO THE CHANGE -OF-USE PROCEEDING PRIOR TO THE EFFECTIVE4
DATE OF THIS SUBSECTION (4.5)(a.5).5
(VII) A WATER RIGHT OWNER IMPLEMENTING A CHANGE OF USE OF6
THEIR WATER RIGHT PURSUANT TO THIS SUBSECTION (4.5)(a.5) SHALL7
ENSURE, WHEN DETERMINING THE PERCENTAGES OF THE WATER SUBJECT8
TO THE WATER RIGHT THAT WILL BE USED FOR REVEGETATION OR9
IRRIGATION AND FOR THE NEW BENEFICIAL USE, THAT:10
(A) A MAXIMUM OF FIFTY PERCENT OF THE TOTAL WATER SUBJECT11
TO THE WATER RIGHT IS USED FOR THE NEW BENEFICIAL USE UPON12
ISSUANCE OF THE WATER COURT'S CHANGE-OF-USE DECREE;13
(B) THE PERCENTAGE OF THE WATER RIGHT USED FOR THE NEW14
BENEFICIAL USE INCREASES ABOVE FIFTY PERCENT OF THE TOTAL WATER15
RIGHT ONLY IN PROPORTION TO THE PERCENTAGE OF THE FORMERLY16
IRRIGATED AGRICULTURAL LAND THAT IS DETERMINED , IN THE MOST17
RECENT STATUS REPORT COMPLETED BY THE THIRD -PARTY EXPERT18
ENGAGED PURSUANT TO SUBSECTION (4.5)(a.5)(III) OF THIS SECTION, TO19
HAVE REACHED ABOVE FIFTY PERCENT REVEGETATION IN ACCORDANCE20
WITH THE STANDARD AND EVALUATION METHODOLOGY IDENTIFIED21
PURSUANT TO SUBSECTION (4.5)(a.5)(I) OF THIS SECTION; AND22
(C) I F, DUE TO EXTRAORDINARY CIRCUMSTANCES , SUCH AS23
EXTREME DROUGHT, A CATASTROPHIC INFRASTRUCTURE FAILURE , OR A24
PUBLIC HEALTH EMERGENCY, A HIGHER PERCENTAGE OF WATER SUBJECT25
TO THE WATER RIGHT IS NEEDED FOR THE NEW BENEFICIAL USE THAN26
SUBSECTION (4.5)(a.5)(VII)(A) OR (4.5)(a.5)(VII)(B) OF THIS SECTION27
HB26-1340-9-
ALLOWS, PERMISSION HAS BEEN GRANTED BY THE WATER COURT BEFORE1
INCREASING THE PERCENTAGE OF THE WATER SUBJECT TO THE WATER2
RIGHT USED FOR THE NEW BENEFICIAL USE . SUCH PERMISSION IS3
TEMPORARY AND MUST BE REQUESTED ON AN ANNUAL BASIS . SUCH4
REQUEST MUST ALSO BE APPROVED BY THE BOARD OF COUNTY5
COMMISSIONERS IN THE COUNTY WHERE THE FORMERLY IRRIGATED6
AGRICULTURAL LAND IS LOCATED.7
(VIII) NOTWITHSTANDING SUBSECTIONS (4.5)(a.5)(VII)(A) AND8
(4.5)(a.5)(VII)(B) OF THIS SECTION:9
(A) THE WATER COURT MAY CONSIDER ALTERNATIVE REASONABLE10
REQUIREMENTS TO THOSE SET FORTH IN SUBSECTIONS (4.5)(a.5)(VII)(A)11
AND (4.5)(a.5)(VII)(B) OF THIS SECTION IF THE WATER RIGHT OWNER HAS12
COMPLIED WITH SUBSECTIONS (4.5)(a.5)(I)(A) AND (4.5)(a.5)(I)(B) OF13
THIS SECTION AND PROVIDES THE LOCAL LAND USE AUTHORITY WITH14
JURISDICTION OVER THE FORMERLY IRRIGATED AGRICULTURAL LAND A15
PERFORMANCE BOND FOR THE TOTAL ANTICIPATED COST OF THE16
REVEGETATION PROJECT, INCLUDING THE TOTAL ANTICIPATED COST FOR17
CONTINGENCIES FOR PROVIDING SUPPLEMENTAL IRRIGATION WATER FOR18
REVEGETATION PURPOSES , IF NEEDED , TO THE LOCAL LAND USE19
AUTHORITY; AND20
(B) I F THE WATER RIGHT OWNER HAS , PURSUANT TO SECTION21
24-65.1-501, OBTAINED A PERMIT OR ENTERED INTO AN22
INTERGOVERNMENTAL AGREEMENT THAT ESTABLISHES REQUIREMENTS23
FOR THE TIMING OR PERCENTAGE OF WATER SUBJECT TO THE WATER RIGHT24
THAT MAY BE USED FOR THE NEW BENEFICIAL USE IN CONNECTION WITH25
SUCCESSFUL REVEGETATION OR CONVERSION TO DRYLAND FARMING, THE26
WATER COURT SHALL ADOPT AND INCORPORATE THOSE REQUIREMENTS27
HB26-1340-10-
INTO THE CHANGE-OF-USE DECREE AND NOT IMPOSE THE REQUIREMENTS1
SET FORTH IN SUBSECTIONS (4.5)(a.5)(VII)(A) AND (4.5)(a.5)(VII)(B) OF2
THIS SECTION.3
SECTION 2. Act subject to petition - effective date. This act4
takes effect at 12:01 a.m. on the day following the expiration of the5
ninety-day period after final adjournment of the general assembly (August6
12, 2026, if adjournment sine die is on May 13, 2026); ex cept that, if a7
referendum petition is filed pursuant to section 1 (3) of article V of the8
state constitution against this act or an item, section, or part of this act9
within such period, then the act, item, section, or part will not take effect10
unless approved by the people at the general election to be held in11
November 2026 and, in such case, will take effect on the date of the12
official declaration of the vote thereon by the governor.13
HB26-1340-11-