Bill Introduced to Override Decision in St. Jude’s v. Roaring Fork Club
March 18, 2016 | Water Law
A bill (House Bill 16-1382) has been introduced in the General Assembly that aims to effectively override the decision that the Colorado Supreme Court released in St. Jude’s Co. v. Roaring Fork Club LLC on June 29, 2015. The Court’s decision in St. Jude’s effectively prohibits direct-flow water rights for aesthetic, recreation, or piscatorial (fishery) purposes. For more on the decision, click here.
The proposed legislation seeks to change the definition of “beneficial use” contained in the Water Right Determination and Administration Act of 1969 to undue the St. Jude’s decision and permit direct-flow water rights for aesthetic, recreation, or piscatorial purposes. The legislation is also drafted to be retroactive so that any existing rights are not affected by the St. Jude’s decision.