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Commission advances 'diligence claims' bill to recognize small homestead retention ponds, with caveats
Summary
Rep. Chu presented an adjusted bill to recognize small homestead-era retention dams (under 20 acre-feet) and include a rebuttable presumption on priority dates; commissioners and the state engineer raised legal questions about the 1903 priority standard and due‑process pathways, and the commission recommended the draft move forward subject to further legal refinement.
Representative James Chu presented an amended concept — renamed in the hearing to 'diligence claims water amendments' — to recognize small homestead-era retention ponds that historically supplied livestock and wildlife. Chu described documentary and physical evidence (e.g., quarter-corner survey markers and homestead photos) and said the draft limits recognized structures to less than 20 acre‑feet to avoid routine permitting requirements.
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