SB 5106.E - DIGEST

(AS OF SENATE 2ND READING 3/11/03)

Declares that the annual consumptive quantity of a water right may not be deemed to be less than the actual peak historic use of a water right, even if the right is not being fully exercised at the time of change or transfer, if: (1) The reduced use is due to cropping patterns or system efficiencies; (2) the water right holder intends to fully exercise the right; and (3) the water right holder has the facilities in place to make beneficial use of the full right.

Declares that the right to use water for any beneficial use within the general category of an agricultural use includes the right to use the water, without applying to the department or any other governmental entity for approval, for any other beneficial use within the general category of an agricultural use. The general category of an agricultural use of water includes, but is not limited to, the beneficial use of water for stock watering, agricultural irrigation, agricultural frost control, processing agricultural commodities into agricultural products, and other agricultural uses.