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Senate creates nonreverting Strategic Water Reserve fund to buy adjudicated water rights; debate raises recharge questions

2530077 · March 4, 2025
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Summary

Senate Bill 37 passed after supporters said a dedicated, nonreverting fund will let the Interstate Stream Commission buy adjudicated water rights to protect compacts and endangered species; some senators questioned whether placing water into streambeds is the most efficient method to recharge aquifers.

The Senate approved legislation creating a nonreverting fund for the Strategic Water Reserve, allowing future appropriations to be held in a dedicated account for the Interstate Stream Commission to acquire adjudicated water rights by lease, purchase or donation to support interstate compacts, endangered species protections and related objectives.

"This bill builds on the knowledge gained from the 20 years of operation," sponsor Senator Liz Stefanik said, explaining the measure creates an account so appropriations for the Strategic Water Reserve are not lost to annual reversion and can support larger transactions when needed.

Supporters argued the dedicated fund improves the commission—s ability to plan and to act when opportunities to secure instream flows or settle disputes arise. Senators discussed the commission—s authority and noted the bill does not itself authorize an appropriation.

Several senators pressed the sponsor and the commission—s director about technical details and alternatives for aquifer recharge. Senator Bill Scott asked whether routing surface water into a streambed to percolate down to groundwater is the most efficient recharge method; staff and the commission—s director said streamflow percolation is one recognized approach but not the only method, and that the commission focuses purchases on adjudicated rights appropriate to the local hydrology.

Other senators warned the commission does not manage land, and some asked how the agency and counties would handle long-term site maintenance (weed control and dust suppression) if water rights were removed from active irrigated land. The bill excludes acquiring water rights served by acequias, community ditches and certain irrigation districts.

The Senate adopted the bill by recorded voice and show-of-hands; the clerk announced the result as 25 in the affirmative and 15 in the negative. Sponsors said the commission will continue to coordinate with local stakeholders and pursue adjudicated-rights transactions tailored to hydrologic and community circumstances.