Revegetate or Dry Farm Formerly Irrigated Agricultural Land

Water-right owners face new land-care costs

The law takes effect August 12, 2026. It covers changes away from agricultural irrigation in Colorado Water Division 2, with court decrees dated January 1, 2027, onward. Later changes to the same water right qualify only when the earlier decree lacked revegetation or dryland-farming requirements. Water-right owners must restore plant cover or establish farming without irrigation, while controlling weeds and soil erosion. Each decree must include site-specific success standards and scientific, objective testing methods, including required noxious-weed control. The court must use qualifying local permit or agreement standards, or adopted local standards when no permit was obtained. Owners pay a court-appointed, neutral expert for annual field reviews and reports until the court approves success. Reports show the successful percentage of each field. Field owners and case parties receive at least 20 days' notice and can join reviews. A report showing field success starts a five-year maintenance period. The expert conducts a final review within 90 days before November 1 of the last maintenance year. The maintenance report identifies areas falling short and goes to both owners, the court, water officials, and case parties. Parties have 60 days to comment or challenge it before the court decides. The court must require security covering expected restoration costs or limits on the timing or share of water used for the new purpose. Qualifying local permit or agreement limits can replace those tools. Failed fields can face added maintenance or water-use limits tied to the successfully restored share; enforcement continues until compliance. The court also accepts renewed irrigation or another land use that adequately controls weeds and erosion.