Agricultural Water Protection Right

On May 18, 2016, Governor Hickenlooper signed House Bill 16-1228 into law. This law allows the owner of an absolute decreed irrigation water right used for agricultural purposes to change that water right to an “Agricultural Water Protection Water Right.” After the change is decreed, the owner of the Agricultural Water Protection Water Right may lease, loan, or trade up to 50 percent of the HCU that was changed to another water user for a new use. The State Engineer must approve that new use through a substitute water supply plan (“SWSP”) pursuant to section 37-92-308(12), C.R.S. This law applies only in Water Divisions 1 and 2. The State Engineer, in consultation with CWCB and interested stakeholders, developed Rules and the Statement of Basis and Purpose for the Rules.

An important provision in the law requires that a portion of the water right that is not part of the lease, loan, or trade remain in agricultural use. The owner of the water right must participate in a conservation program or an Agricultural Water Protection Program that is developed for the purpose of ensuring compliance with the applicable law. The law required that the CWCB develop Criteria and Guidelines for the development of an Agricultural Water Protection Program.

For more information on this new tool to meet water demands while sustaining irrigated agriculture, please refer to the Beginner’s Guide to Agricultural Water Protection Water Right (PDF) developed by the Colorado Division of Water Resources and CWCB.

DWR will be holding five hybrid stakeholder meetings to discuss proposed changes to the Ag-PWR Rules in July-August of 2025 in Divisions 3-7.  Additional Details are available in the Public Notice Document.

The dates and locations are listed below.

July 23rd, 2025 - Durango @ 5:30PM: Location: Durango Community Recreation Center, 2700 Main Ave, Durango, CO 81301
July 24th, 2025 - Montrose @ 5:30PM: Location: Ute Indian Museum, 17253 Chipeta Rd, Montrose, CO 81403
July 28th, 2025 - Alamosa @ 6:00PM: Location: Rio Grande Water Conservation District, 8805 Independence Way, Alamosa, CO 81101
August 13th, 2025 - Glenwood Springs @ 4:30PM: Location: Glenwood Springs Branch Library, 815 Cooper Ave, Glenwood Springs, CO 81601 
August 20th, 2025 - Steamboat Springs @ 5:30PM: Location: Bud Werner Memorial Library, 1289 Lincoln Ave, Steamboat Springs, CO 80487
September 23, 2025 - Virtual @ 1:00PM

For those virtually joining any of the meetings listed above, please use this Zoom Link (for all meetings).  

DWR will also be accepting comments on the Ag-PWR rules. Please submit comments through the Ag-PWR Rules Comment Form.

For questions concerning this rulemaking, please email: Marie.Sullivan@state.co.us

CWCB will also amend the Criteria and Guidelines for Agricultural Water Protection Programs. Questions about that process can be directed to Nora.Flynn@state.co.us.

Additional Information:

• Criteria and Guidelines
• Beginner’s Guide to Agricultural Water Protection Water Right (PDF)