All Roll Calls
Yes: 133 • No: 3
Sponsored By: Colin W. Jack (Republican)
Signed by Governor
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5 provisions identified: 1 benefits, 0 costs, 4 mixed.
Beginning May 6, 2026, the law shields many kinds of nonuse from forfeiture. Examples include use under a written, terminable lease; approved conservation fallowing; lack of water supply; storage rights; priority‑date shortages; and when most of a right is used within seven years. Public water suppliers can hold rights for reasonable future need, based on a 40‑year planning horizon. Water conservancy district rights used or planned in the lower basin are also protected; planned use can be shown by affidavit. For saved water sold apart from the underlying right, the nonuse clock starts when the underlying right is forfeited or when the saved‑water title is conveyed. These rules sunset December 31, 2030.
Beginning May 6, 2026, a forfeiture case must be filed within 15 years after the last seven‑year nonuse ends. Time covered by approved nonuse applications adds to that window. The state engineer can claim forfeiture in a proposed determination only if recent nonuse falls within that period. Filing or approving a nonuse application is not "beneficial use" and does not save a right already forfeited. If a court finds forfeiture, the water returns to the public and is reassigned by priority. These timing rules sunset December 31, 2030.
Beginning May 6, 2026, you can file a nonuse application on part or all of a water right. The state engineer grants up to seven years for good cause, like financial hardship, physical limits, conservation or recharge work, legal cases, future public need, approved plans, or equipment loss with a resume plan. An approved nonuse excuses use from the filing date and pauses the seven‑year forfeiture clock. The state publishes notice once a week for two weeks; people can protest within 20 days (informal) or 30 days (formal). The state must warn you 60 days before your approval ends. This authority sunsets December 31, 2030.
Beginning May 6, 2026, state divisions can file change applications for instream flows or use on sovereign lands. Water users can file fixed‑time or temporary changes, but projects must help wildlife, a state park, or the natural aquatic environment. You must get a division director’s approval first, include legal descriptions and studies, and follow added reviews for deliveries to Colorado River System reservoirs (including approval by the Colorado River Authority executive director). You cannot appropriate unappropriated water for instream flows, and filings are barred when the diversion point is in the lower basin. Use under these approvals counts as beneficial use, and no new access or trespass rights are created on private land.
Beginning May 6, 2026, the law defines who counts as a public entity and as a public water supplier. It covers governments, regulated water companies, certain community water systems, and some water users associations. The state engineer must set standards for written plans that show reasonable future water needs and present the rules to the Legislature before they take effect. These changes sunset December 31, 2030.
Colin W. Jack
Republican • House
Don L. Ipson
Republican • Senate
All Roll Calls
Yes: 133 • No: 3
Senate vote • 2/26/2026
Senate/ passed 3rd reading
Yes: 20 • No: 1
Senate vote • 2/25/2026
Senate/ passed 2nd reading
Yes: 24 • No: 2
House vote • 2/18/2026
Senate Comm - Favorable Recommendation
Yes: 4 • No: 0
House vote • 2/12/2026
House/ passed 3rd reading
Yes: 66 • No: 0
House vote • 2/2/2026
House Comm - Substitute Recommendation
Yes: 10 • No: 0
House vote • 2/2/2026
House Comm - Favorable Recommendation
Yes: 9 • No: 0
Governor Signed
House/ to Governor
House/ received enrolled bill from Printing
House/ enrolled bill to Printing
Enrolled Bill Returned to House or Senate
Draft of Enrolled Bill Prepared
Bill Received from House for Enrolling
House/ signed by Speaker/ sent for enrolling
House/ received from Senate
Senate/ to House
Senate/ signed by President/ returned to House
Senate/ passed 3rd reading
Senate/ 3rd reading
Senate/ passed 2nd reading
Senate/ 2nd reading
Senate/ placed on 2nd Reading Calendar
Senate/ committee report favorable
Senate Comm - Favorable Recommendation
Senate/ to standing committee
Senate/ 1st reading (Introduced)
Senate/ received from House
House/ to Senate
House/ passed 3rd reading
House/ 3rd reading
House/ 2nd reading
Enrolled
3/11/2026
Substitute #2
1/30/2026
Substitute #1
1/13/2026
Introduced
1/7/2026