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First Regular Session

Sixty-first General Assembly

LLS NO. R97@0673.01 DHG

STATE OF COLORADO

BY REPRESENTATIVES George and Entz;

also SENATORS Norton and Ament.

HOUSE JOINT RESOLUTION 97-1013

WHEREAS, The federal "Safe Drinking Water Act Amendments of 1996", P.L. 104­182, authorize a drinking water state revolving fund (DWSRF) program to assist public water systems in financing the costs of infrastructure needed to achieve or maintain compliance with federal "Safe Drinking Water Act" requirements and to protect the public health; and

WHEREAS, Section 1452 of the federal "Safe Drinking Water Act" authorizes the Administrator of the United States Environmental Protection Agency (EPA) to award capitalization grants to the states, which in turn can provide low­cost loans and other types of financial assistance to eligible projects; and

WHEREAS, The EPA has developed a draft Final Guidance for the administration of the drinking water state revolving fund; and

WHEREAS, The draft Final Guidance prohibits states from providing financial assistance from a drinking water state revolving fund for the construction of dams or reservoirs, the purchase of land necessary for the construction of dams or reservoirs, or the acquisition of water rights; and

WHEREAS, The EPA's subsequent proposal to allow limited financial assistance for such projects for small systems is unnecessarily restrictive; and

WHEREAS, The acquisition or development of water rights may be the most cost­effective solution to improve the safety and reliability of drinking water systems in many of the arid western states; and

WHEREAS, Dams and reservoirs are an integral component of most Colorado drinking water systems; and

WHEREAS, Water rights are not only an integral component but a legally required component of all drinking water systems in Colorado; now, therefore,

Be It Resolved by the House of Representatives of the Sixty­first General Assembly of the State of Colorado, the Senate concurring herein:

That we, the members of the Colorado General Assembly do hereby request that the EPA accord the states appropriate flexibility in developing their drinking water state revolving funds by allowing financial assistance for construction and rehabilitation of dams or reservoirs, purchase of land necessary for the construction of dams or reservoirs, and purchase of water rights when such projects have been demonstrated to be the most cost­effective solutions to the provision or restoration of a safe and reliable supply of drinking water.

Be It Further Resolved, That copies of this Joint Resolution be sent to the United States Environmental Protection Agency, the Colorado department of public health and environment, the Colorado department of local affairs, the Colorado department of natural resources, and Colorado's Congressional delegation.