Bill could limit recreational water use.

The Colorado Senate passed a bill Mar. 3 that would limit the amount of water a city, county or water district can use for whitewater parks. The legislation, Senate Bill 37, comes in response to a Colorado Supreme Court decision last year, which asked for more guidance in defining water rights for a recreational in-channel diversion (RICD). It attempts to define a "reasonable recreation experience," which is the wording used to describe the condition that a minimum flow should supply.

The bill would withdraw water rights from a whitewater park or other recreational water facility if the flow of the park's source dips below 90 percent of its usual flow. The concern from water-parks is not as much about being shut down, as the 20-year timeline allowed for water courts to decide an appeal. Another point of contention is that the bill will allow full water rights for all forms of boating except for kayaking. The bill is not the first to pass one of the state houses--a bill with the same goal last year passed the Senate but died in the House because of concerns from environmental and tourism groups. The current bill has yet to pass in the state House.