HB 1340: Revegetate or Dry Farm Formerly Irrigated Agricultural Land - Colorado

Rerevised → Final Act · 5 edits · May 27, 2026

MODERATE

The bill was finalized with significant additions to strengthen enforcement and accountability for landowners converting irrigated agricultural land to other uses. The final version mandates annual third-party field reviews, requires specific weed management plans, and introduces a mechanism for courts to reduce water allocations if revegetation or dryland farming fails over multiple years.

Scope change

The scope remains focused on water rights in Water Division 2 changed after January 1, 2027, but the requirements for compliance and oversight were expanded.

REQUIREMENT

Added a requirement for water courts to appoint and pay for neutral third-party experts to conduct annual field reviews and report on progress.

Mandated specific weed management provisions, including mowing, herbicides, or biological control, to protect soil and moisture.

Established a formal process for notifying field owners and allowing public comment on third-party expert reports.

Expanded the criteria for change-of-use decrees to explicitly require site-specific criteria and scientific evaluation methodologies.

ENFORCEMENT

Introduced a penalty where courts can limit the amount of water available for the new use if a landowner demonstrates sustained failure to achieve revegetation or dryland farming.

Revised → Rerevised · 3 edits · May 11, 2026

MINOR

The bill was re-revised to incorporate additional Senate sponsors (Kipp and Simpson) and updated the legislative status to reflect that all amendments have been adopted in the Second House. The text also includes a new header indicating the bill is at the 3rd Reading Unamended stage for the Senate on May 11, 2026. No substantive policy changes regarding the bill's content, scope, or requirements were identified in the provided text.

TECHNICAL

Added two new Senate sponsors, Kipp and Simpson, to the list of bill sponsors.

Added a header indicating the bill is at the 3rd Reading Unamended stage for the Senate, dated May 11, 2026.

Updated the document title from 'REVISED' to 'REREVISED' and adjusted the subtitle to reflect that amendments were adopted in the Second House rather than just on Second Reading.

Reengrossed → Revised · 3 edits · May 8, 2026

MINOR

The bill was renumbered and its title was updated to explicitly include 'Senate' in the jurisdictional description. The most significant substantive change is the removal of a requirement that former irrigated land owners must enter into an intergovernmental agreement with a local land use authority or obtain a permit requiring revegetation or conversion to dryland farming before the court can evaluate the water right change. This deletion eliminates a specific administrative hurdle and mandates that courts proceed with site-specific evaluations without first securing these local agreements.

Scope change

The bill's scope was slightly broadened in its title to explicitly cover Senate amendments, and the procedural requirements for local land use authorities were removed from the eligibility criteria for water right changes.

REQUIREMENT

Eliminated the mandatory requirement for water right owners to obtain a permit or enter an intergovernmental agreement with a local land use authority that mandates revegetation or conversion to dryland farming.

TIMELINE

Added a date stamp indicating 'May 8, 2026' and a header stating the version includes amendments adopted on second reading in the second house.

TECHNICAL

Updated the bill header to reflect 'REVISED' status instead of 'REENGROSSED' and adjusted committee listings.

Engrossed → Reengrossed · 3 edits · Apr 30, 2026

MINOR

The bill title was updated from 'Engrossed' to 'Reengrossed' to reflect that all amendments have been adopted. The list of Senate sponsors was expanded to include several new names, and the bill summary was revised to indicate it applies to the reengrossed version as of April 30, 2026. Substantive policy text regarding water rights evaluation criteria was removed, likely to be replaced by new language in the reengrossed version.

Scope change

The bill's scope regarding water rights evaluation criteria appears to have been altered, as specific text defining site-specific criteria and evaluation methodologies was removed.

REQUIREMENT

Deletion of text requiring courts to use site-specific criteria and scientific evaluation methodologies set forth in permits or intergovernmental agreements for water rights.

Addition of text requiring courts to use site-specific criteria and scientific evaluation methodologies if the water right owner has not obtained a permit or entered into an intergovernmental agreement.

ADMINISTRATIVE

Update of bill status from 'Engrossed' to 'Reengrossed' and expansion of Senate sponsor list.

Introduced → Engrossed · 4 edits · Apr 28, 2026

MODERATE

The bill was amended to clarify that specific revegetation and erosion control rules apply only to water rights changed after January 1, 2027, if the previous change did not already include those rules. The amendment also broadens the list of acceptable weed control methods to include 'other appropriate methods' beyond just mowing, herbicides, and biological control.

Scope change

The bill's scope was refined to prevent double application of rules; it now explicitly excludes water rights that were previously changed under the same section if those prior decrees already mandated revegetation or dryland farming terms.

REQUIREMENT

Updated the legal citation from subsection (4.5)(a.5) to the new subsection (4.7)(a) to reflect the reorganized text.

Clarified that the new revegetation rules apply only if the prior decree changing the water right did not already include revegetation or dryland farming terms.

Expanded the list of acceptable weed control methods to include 'other appropriate methods' in addition to mowing, herbicide application, and biological control.

Changed the requirement for site-specific criteria from a 'standard and associated scientific evaluation methodology' to 'site-specific criteria and an associated scientific and objective evaluation methodology' for clarity.

Revegetate or Dry Farm Formerly Irrigated Agricultural Land

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