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Aurora water staff backs 'amend' position on HB26‑1340, citing water‑rights and revegetation concerns
Summary
Aurora’s water department briefed the committee on HB26‑1340 (revegetation/dry‑up management), listed four key concerns—water‑right risk, judicial deference to local 1041 rules, statutory conflict with dry‑land farming law, and need for site‑specific standards—and the committee agreed to an amend position.
Shawni of Aurora’s Water Department told the council legislative committee that staff supports the bill’s intent to require responsible revegetation on formally irrigated lands but recommended an amend position on HB26‑1340 because the introduced language raises legal and practical risks.
"We definitely support the intent behind this bill, but we think it needs some refinement to reduce uncertainty around water rights, preserve the role of water courts, resolve statutory conflict, and make sure that the standards are practical and workable on the ground," Shawni said.
Shawni listed the city’s four principal concerns: 1) the bill grants broad discretion to water courts at the end of a five‑year maintenance period and lacks clear standards, creating uncertainty for water‑right value and project planning; 2) the bill requires courts to defer to local 1041 regulations or intergovernmental agreements for revegetation standards, which could substitute local political judgment for technical evidentiary procedures in water courts; 3) the bill’s provisions could conflict with existing statutes that limit courts’ ability to impose dry‑land farming conditions; and 4) the bill needs more site‑specific, proportional revegetation standards tied to water use rather than a single reference‑parcel approach.
Shawni said the city has discussed the bill with proponents and other stakeholders (Colorado Farm Bureau, Colorado River District, Colorado Municipal League) and hoped to reach amended language before the bill’s scheduled hearing on April 13. The committee accepted staff’s recommendation and recorded an amend position.
Separately, the Water Department briefed members on data‑center water concerns and noted the city’s large‑water‑user guide in local ordinance, which the department said limits the possibility of evaporative‑cooling‑only data centers in Aurora. Shawni said staff will prepare a fact sheet on data‑center water uses and cooling tradeoffs for council members and the public.
