Divert Water Piscatorial Aesthetic Beneficial Use

In the case of St. Jude's Co. v. Roaring Fork Club, LLC, 351 P.3d 442 (Colo. 2015) ( St. Jude's Co. ), the Colorado Supreme Court held that diversions of water for aesthetic, recreational, and piscatorial purposes, without impoundment, are not beneficial uses of water under Colorado water law. The bill supersedes the court's holding in St. Jude's Co. by:

• Amending the definition of beneficial use to include the diversion or release from storage of water for any purpose for which an appropriation is lawfully made, including piscatorial, recreational, and aesthetic purposes; and
• Confirming that decrees entered before, on, or after the effective date of the bill for such beneficial uses shall be given full effect and enforced according to their specific terms.

(Note: This summary applies to this bill as introduced.)