Amendments for SB23-270
Senate Journal, April 14
Amend printed bill, page 4, strike lines 3 through 8 and substitute:
"(A) STABILIZING THE BANKS OR SUBSTRATE OF A NATURAL STREAM
WITH HARD, BIOENGINEERED, OR NATURAL MATERIALS THAT, UNDER LESS THAN
EXTREME FLOW CONDITIONS, ALLOW WATER TO FLOW DOWNSTREAM, DO NOT
CAUSE THE WATER LEVEL TO EXCEED THE ORDINARY HIGH WATER MARK, AND
MAY INCIDENTALLY INCREASE SURFACE AREA OF THE NATURAL STREAM;".
Page 5, line 4, after "SYSTEM;" add "AND".
Page 5, lines 7 and 8, strike "DROUGHT RESILIENCE;".
Page 5, line 9, strike "MANAGEMENT; AND" and substitute "MANAGEMENT.".
Page 5, strike lines 10 through 27.
Strike page 6.
Page 7, strike lines 1 through 10.
Page 7, line 11, strike "(f)" and substitute "(c)".
Page 7, line 14, after "RIGHT;" add "AND".
Page 7, line 16, strike "OBSTRUCTION; AND" and substitute "OBSTRUCTION.".
Page 7, strike lines 17 through 19.
Page 7, line 20, strike "(g)" and substitute "(d)".
Page 7, strike lines 26 and 27.
Page 8, strike lines 1 through 12.
Page 8, line 13, strike "(i)" and substitute "(e)".
Page 8, after line 14 insert:
"(I) CREATES A PRESUMPTION OF INJURY FOR ANY ACTIVITY THAT DOES
NOT MEET THE DEFINITION OF A MINOR STREAM RESTORATION ACTIVITY
PURSUANT TO SUBSECTION (9)(b)(I) OF THIS SECTION;".
Renumber succeeding subparagraphs accordingly.
Page 9, strike lines 4 through 9 and substitute:
"(f) A STREAM RESTORATION PROJECT THAT HAS OBTAINED ANY
APPLICABLE PERMITS OR IS UNDER CONSTRUCTION OR COMPLETED BY AUGUST
1, 2023 DOES NOT CAUSE MATERIAL INJURY TO ANY VESTED WATER RIGHT AND
IS NOT AN UNNECESSARY DAM OR OTHER OBSTRUCTION.".
Page 9, strike lines 10 through 12 and substitute:
"SECTION 3. Act subject to petition - effective date. This act takes
effect at 12:01 a.m. on the day following the expiration of the ninety-day period
after final adjournment of the general assembly; except that, if a referendum
petition is filed pursuant to section 1 (3) of article V of the state constitution
against this act or an item, section, or part of this act within such period, then
the act, item, section, or part will not take effect unless approved by the people
at the general election to be held in November 2024 and, in such case, will take
effect on the date of the official declaration of the vote thereon by the
governor.".
Page 1, line 101, strike "PROJECTS" and substitute "ACTIVITIES".