Colorado SB 17-117: Recognize Industrial Hemp Agricultural Product For Agricultural Water Right

Bill Text

SENATE BILL 17-117
BY SENATOR(S) Coram, Cooke, Baumgardner.. Crowder, Fenberg,
Holbert, Jahn, Kerr, Lambert, Marble, Martinez Humenik, Merrifield,
Neville T., Priola, Scott, Smallwood, Sonnenberg, Tate, Todd,
Williams A.;
also REPRESENTATIVE(S) Catlin and Valdez, Arndt, Becker J.,
Beckman, Bridges, Carver, Coleman, Covarrubias, Danielson, Esgar,
Gina', Gray, Hamner, Hansen, Herod, Hooton, Humphrey, Jackson,
Kennedy, Lebsock, Liston, Lontine, McKean, McLachlan, Melton,
Michaelson Jenet, Mitsch Bush, Navarro, Neville P., Pabon, Pettersen,
Rankin, Rosenthal, Saine, Salazar, Singer, Wilson, Winter, Wist, Young,
Duran.
CONCERNING CONFIRMATION THAT INDUSTRIAL HEMP IS A RECOGNIZED
AGRICULTURAL PRODUCT FOR WHICH A PERSON WITH A WATER
RIGHT DECREED FOR AGRICULTURAL USE MAY USE THE WATER
SUBJECT TO THE WATER RIGHT FOR INDUSTRIAL HEMP CULTIVATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
hereby finds and declares that:
(a) In Colorado, industrial hemp is a recognized agricultural product
Capital letters indicate new material added to existing statutes; dashes through words indicate
deletions from existing statutes and such material not part of eta

pursuant to article 61 of title 35, Colorado Revised Statutes;
(b) Even federal law recognizes the importance of industrial hemp
for agricultural purposes by authorizing the use of industrial hemp for
agricultural research purposes in section 7606 of the "Agricultural Act of
2014", Pub.L. 113-79, also referred to as the "2014 U.S. Farm Bill";
(c) Section 763 of the Omnibus Appropriations Act of 2016, Pub.L.
114-113, provides: "None of the funds made available by this Act or any
other Act may be used ... to prohibit the transportation, processing, sale, or
use of industrial hemp ...";
(d) As stated in Colorado's Water Plan, protecting the beneficial use
of water for agricultural production is one of Colorado's core water values;
(e) Given the importance of protecting water use for agricultural
production in Colorado and the inclusion of industrial hemp as a valued
agricultural product, it should be recognized that an owner of an
agricultural water right shall not be denied use of his or her water right if
the water subject to the agricultural water right is used for industrial hemp
growth or cultivation.
SECTION 2. In Colorado Revised Statutes, add 37-92-311 as
follows:
37-92-311. Industrial hemp cultivation allowed under an
agricultural water right - definition. (1) As USED IN THIS SECTION,
UNLESS THE CONTEXT OTHERWISE REQUIRES, "INDUSTRIAL HEMP" HAS THE
MEANING SET FORTH IN SECTION 35-61-101 (7).
(2) A PERSON WITH AN ABSOLUTE OR CONDITIONAL WATER RIGHT
DECREED FOR AGRICULTURAL USE MAY USE THE WATER SUBJECT TO THE
AGRICULTURAL WATER RIGHT FOR ANY PRODUCT AUTHORIZED FOR GROWTH
AND CULTIVATION BY TITLE 35.
SECTION 3. Safety clause. The general assembly hereby finds.
PAGE 2-SENATE BILL 17-117

Effie Ameen
SECRETARY OF
THE SENATE
Marilyn Eddins
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
W. kenlooper
GOVE OR OF THE STATE OF COLORADO
lval
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.
Kevin J. Grantham Crisanta Duran
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED /3 5/07 /!
PAGE 3-SENATE BILL 17-117