Investment Water Speculation
Concerning water speculation in the state.
Official status: Lost
Prime sponsors
- Don Coram (Senate) — Prime Sponsor
- Kerry Donovan (Senate) — Prime Sponsor
- Karen McCormick (House) — Prime Sponsor
Progress (from the official record)
Official summary
Official text — shown in English exactly as published by the official source. The official text controls.
Water Resources Review Committee. Section 1 of the bill prohibits a purchaser of agricultural water rights that are represented by shares in a mutual ditch company from engaging in investment water speculation. Investment water speculation is the purchase of agricultural water rights that are represented by shares in a mutual ditch company in the state with the intent, at the time of purchase, to profit from an increase in the water's value in a subsequent transaction or by receiving payment from another person for nonuse of all or a portion of the water subject to the water right. On or after January 1, 2023, the state engineer or the state engineer's designee (state engineer) may investigate complaints of investment water speculation. If a purchaser holds, or by virtue of a proposed sale or transfer, will hold at least a minimum percent of the shares in a mutual ditch company, about which minimum percent the mutual ditch company must determine and notify the state engineer on or before December 31, 2022, there is a rebuttable presumption that the purchaser is engaged in investment water speculation. The state engineer may fine a purchaser up to $10,000 for a violation and require, for a period of up to 2 years after a fine has been imposed, that any sale or transfer of shares in a mutual ditch company to the purchaser be subject to approval by the state engineer. If the state engineer believes that a complaint is frivolous or was filed for the purpose of harassing a seller or purchaser, the state engineer may refer the matter to the attorney general's office for the attorney general or the attorney general's designee (attorney general) to investigate and, if the attorney general determines that enforcement is warranted, bring a civil action in a court of competent jurisdiction alleging the complaint is frivolous or was filed for the purpose of harassment. If the attorney general prevails in the civil action, the court may fine a complainant up to $1,000, prohibit the complainant from filing any complaints alleging investment water speculation for up to one year, and grant attorney fees and court costs. Section 3 authorizes the attorney general to bring a civil action against a complainant if the state engineer refers the matter to the attorney general. Section 2 requires the board of directors of a mutual ditch company to determine the minimum percent of agricultural water rights held by all of the shareholders in the mutual ditch company that a purchaser holds or, by virtue of the sale or transfer of shares in the mutual ditch company, will hold that creates a rebuttable presumption that the purchaser is engaging in investment water speculation. (Note: This summary applies to this bill as introduced.)
Status timeline
| Date | Location | Action |
|---|---|---|
| 01/12/2022 | Senate | Introduced In Senate - Assigned to Agriculture & Natural Resources |
| 04/21/2022 | Senate | Senate Committee on Agriculture & Natural Resources Lay Over Amended |
Recorded votes
- 04/21/2022 — Senate Agriculture & Natural Resources: “Adopt amendment L.001” — the motion passed on a vote of 5–2.
Full text
Official record
View SB22-029 on leg.colorado.gov
Source: Colorado General Assembly (leg.colorado.gov) · Data as of
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