I just read this bill and can someone tell me of a single instance it would apply
OK. I can think of three, maybe four examples:
1) Denver suburbs or perhaps Co. Springs are looking to get more water by doing the following: Pumping more out of the Ark from the Otero pump station north of BV. The water will then follow the current infrastructure along the South Platte to the South Front Range. But, all the water rights for the Ark are spoken for. So, to "replace" the removed water, they are looking at building a new reservoir on the Taylor or Gunnison River, which will deliver water over the divide into Cottonwood Creek and down to the Arkansas River. The problem is that they are taking water out of the Ark above BV but replacing it below BV, which will significantly hurt the BV play park. The BV play park is being significantly upgraded and will be real cool. This dam project would also steal water from the Gunnison play park.
2) Steamboat has a play park along the Yampa. It's easy for farmers downstream to sell their water rights to farmers upstream. This is where the sponsor of the bill is located and it is certainly the farmers that motivated this bill. What gets me is the farmers up there use the water very inefficiently by just flooding fields to grow hay, which has low dollar value.
3) There are a number of big water diversions upstream of the planned Palisade water park. While those rights (~1000cfs) are senior to the water park, they leave enough water in the river. But, if they decide to double the diversion upstream, the play park will be hurt.
4) The city of Golden diverts its water from Clear Creek above the play park. While they don't divert much and they are pro water park, what if other larger municipalities acquire Clear Creek water and want to divert it from above the play park?
You get the idea. I'm sure there are other circumstances. While it may be more convenient for a water user to divert water from above a play park, the current law effectively says they can't move a diversion upstream after a play park is in operation.