SENATE BILL 97008
BY SENATORS Bishop, Alexander, Arnold, Chlouber, Dennis, Johnson, Matsunaka, Norton, Phillips, Powers, Rizzuto, Schroeder, Thiebaut, and Wattenberg;
also REPRESENTATIVES Entz, Bacon, G. Berry,
Chavez, Reeser, Schwarz, Smith, Taylor, and Tucker.
CONCERNING THE COLORADO WATER CONSERVATION BOARD
CONSTRUCTION FUND, AND MAKING APPROPRIATIONS IN CONNECTION THEREWITH.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Project authorization.
(1) Pursuant to section 3760122 (1) (b),
Colorado Revised Statutes, the Colorado water conservation board
is hereby authorized to loan moneys to enable the construction
of the following water resources projects with the following priority:
Priority Name
Loan Amount
(a) Woods Lake Mutual Water $ 188,000
& Irrig. Co. Woods Lake
Dam Rehabilitation
(b) Summit Reservoir & Irrig. $ 600,000
Co. Summit Res. Dam &
Canal Syst. Improvements a
(c) Buffalo Mutual Irrigation Co. $ 250,000
Diversion Dam Rehabilitation
(d) Excelsior Irrigating Company $ 230,000
Excelsior Ditch Rehabilitation
(e) Durkee Ditch Company New $ 120,000
Headgate and Pipeline
(f) Agricultural Ditch and Reservoir $ 300,000
Co. Welch Ditch Pump and
Pipeline a
(g) Hawkeye Lateral Ditch $ 143,000
Company Ditch Rehabilitation
(h) Weldon Valley Ditch Company $ 188,000
Diversion Dam Rehabilitation
(i) Pine River Irrigation District $ 341,000
Raw Water Supply System
(j) River Oaks on the Roaring Fork $ 25,500
Property Owners Assoc.
Raw Water Irrigation System a
(k) Upper Yampa Water $2,000,000
Conservancy District Stagecoach
Reservoir Refinancea
(l) Powderhorn Metro District I $ 525,000
Utility Enterprise Robbins
Reservoir Rehabilitation
(m) Pinon Mesa Ranchesa $ 206,000
Diversion Structure, Raw
Water Pipeline and Storage
(n) San Luis Valley Canal Co. $ 188,000
Diversion Structure
Rehabilitation
(o) Purgatoire River Water $ 500,000
Conservancy District
Trinidad Project
Refinance
TOTAL $5,804,500
a Loan to refinance a water project wholly or partially
completed.
(2) The Colorado water conservation board
may make loans for the construction of the projects specified
in subsection (1) of this section from such moneys as are or may
hereafter become available to the Colorado water conservation
board construction fund. Said loans shall be in the amounts listed
in subsection (1) of this section plus or minus such amounts,
if any, as may be justified by reason of ordinary fluctuations
in construction costs as indicated by the engineering cost indices
applicable to the types of construction required for each project
or as may be justified by reason of changes in the plans for a
project due to differing or unforseen site conditions, errors
or omissions in the plans and specifications, changes instituted
by regulatory agencies, or changes in material quantities beyond
contract limits.
(3) Pursuant to section 3760120
(1), Colorado Revised Statutes, the board shall require such terms
and conditions in such contracts as will ensure repayment of funds
made available by it. The board shall not disburse any moneys
for any loan authorized by subsection (1) of this section unless
and until it is satisfied, at its sole discretion, that the recipient
of any such loan will be able to make repayment pursuant to the
terms and conditions established by the board and by subsection
(1) of this section.
Prior Revised
Auth. Bill Authori Authori
Name and Year
zation zation
City of Fort Collins and Larimer SB 96153 $500,000 $920,000
County Dry Creek Flood
Control Project
Eagle Park Reservoir SB 96153 $3,125,000 $4,000,000
Company Eagle Park
Reservoir Rehabilitation
SECTION 2. Project deauthorizations.
Name
Authorization Amount Amount Amount
Bill and Year Authorized
Deauthorized Remaining
Meyering Livestock Co. $ 425,000 $ 425,000 $0
Hyannis Peak Reservoir
HB 831102
Redlands Water & Power $ 420,000 $ 420,000 $0
Co. Redlands
Rehabilitation SB 8985
Bull Basin Res. & Irrig. $ 25,000 $ 25,000 $0
Co. Bull Basin Res.
No. 2 Outlet Rehab.
SB 94029
Lower Clear Creek Ditch $ 60,000 $ 60,000 $0
Co. Diversion Dam
Rehabilitation
HB 951155
Colo. Agriculture Ditch $ 60,000 $ 60,000 $0
Co. Diversion Dam
Rehabilitation
HB 951155
Buckeye Lateral Ditch $ 440,000 $ 440,000 $0
Association Ditch
Rehabilitation
HB 951155
TOTALS $1,430,000 $1,430,000
$0
SECTION 3. Colorado river compact
decision support system appropriation.
(1) The Colorado water conservation board is hereby
authorized to continue designing a decision support system for
the Colorado river basin, to continue development of the necessary
databases, models, and user tools, and to acquire, operate, and
maintain the associated computer hardware and software.
(2) In addition to any other appropriation,
there is hereby appropriated, out of any moneys in the Colorado
water conservation board construction fund not otherwise appropriated,
to the department of natural resources for allocation to the Colorado
water conservation board and the division of water resources,
for contract year five, for the fiscal year beginning July 1,
1997, the sum of three hundred twenty thousand dollars ($320,000)
and 4.0 FTE, or so much thereof as may be necessary, to retain
a contractor to manage the design of the Colorado river compact
decision support system and for the continued implementation of
this section.
(3) The amounts authorized in this section
are in addition to amounts authorized previously for the Colorado
river compact decision support system for contract years one,
two, three, and four. The moneys appropriated in subsection (2)
of this section for the Colorado river compact decision support
system shall remain available for the designated purposes until
the project is completed.
SECTION 4. Satellite monitoring
system maintenance appropriation.
In addition to any other appropriation, there is hereby appropriated,
out of any moneys in the Colorado water conservation board construction
fund not otherwise appropriated, to the department of natural
resources for allocation to the state engineer, for the fiscal
year beginning July 1, 1997, the sum of one hundred twenty thousand
dollars ($120,000), or so much thereof as may be necessary, for
the maintenance of the satellite monitoring system established
and operated pursuant to section 3780102 (10), Colorado
Revised Statutes.
SECTION 5. Continuation of
the extreme precipitation study and revisions to the NOAA atlas.
(1) The Colorado water
conservation board, in cooperation with the state engineer, is
hereby authorized to continue the extreme precipitation study
authorized in SB 94029 enacted at the second regular session
of the fiftyninth general assembly, that directed the state
engineer and the Colorado water conservation board to investigate
available evidence of extreme precipitation in the mountains of
Colorado to establish reasonable standards and criteria for the
design and evaluation of reservoir spillways to safely pass a
design flood event. The Colorado water conservation board is
hereby authorized to contract with a consultant or consultants
to develop a state model based on the characteristics of twenty
selected storms identified in the first phase of the project to
predict extreme rainfall for any selected drainage basin above
five thousand feet elevation and to expend up to three hundred
thousand dollars ($300,000) from the Colorado water conservation
construction fund for such purposes.
(2) The Colorado water conservation board
is hereby authorized to expend up to one hundred thousand dollars
($100,000) in matching funds to cooperate with the National Oceanic
and Atmospheric Administration (NOAA) to revise the NOAA atlas
precipitation maps for Colorado to include additional base data
from 1960 through at least 1990 to improve the design of class
III dams and the design of highway structures and to improve in
the identification of hazardous floodplains.
(3) The amounts authorized in this section
are in addition to amounts authorized previously for extreme precipitation.
The moneys appropriated in subsections (1) and (2) of this section
shall remain available for the designated purposes until the project
is completed.
SECTION 6. Continuation
of Roaring Fork river multiobjective management plan.
(1) The Colorado water conservation board is hereby
authorized to expend up to fifty thousand dollars ($50,000) from
the Colorado water conservation board construction fund to continue
the Roaring Fork river multiobjective management plan as
follows:
(a) To develop an overall master plan
to manage streambank erosion, channel migration, sediment, debris,
and minimum stream flows for the Aspen reach;
(b) To fully implement an existing master
plan to manage channel stability, erosion, debris, and protection
of irrigation facilities for the Carbondale reach;
(c) To develop a plan to manage public
access for recreation and stream beautification for the Glenwood
Springs reach;
(d) To develop a plan to manage fishing,
Ruedi reservoir release rates, flooding, and stream stability
for the Fryingpan river;
(e) To develop a plan to manage erosion,
sedimentation, flooding, and transbasin diversions for the upper
tributaries; and
(f) To contract for services up to ten
thousand dollars ($10,000) for advanced flood mitigation measures
in the Roaring Fork river basin in cooperation with local governments
and the United States army corps of engineers in order to mitigate
future flood losses.
(2) The amounts authorized in this section
are in addition to amounts authorized previously for the Roaring
Fork river multiobjective management plan. The moneys appropriated
in subsection (1) of this section shall remain available for the
designated purposes until the project is completed.
SECTION 7. Arkansas
river multiobjective management plan. (1) The
Colorado water conservation board is hereby authorized to expand
the scope of work of the previously authorized Arkansas river
channel restoration study and to expend up to fifty thousand dollars
($50,000) in additional funds from the Colorado water conservation
board construction fund to cooperate with and contract for services
with the Colorado department of transportation or the U. S. Geological
survey, or other contractors, and continue development of a multiobjective
management plan for the Arkansas river for the stream reach extending
from Pueblo to the ColoradoKansas state line. In addition
to any previously authorized tasks, the funds are authorized to
be used to perform the following additional tasks:
(a) Groundwater analysis;
(b) Collection of field data; and
(c) Preparation of topographic and aerial
mapping for a portion of the stream reach from Rocky Ford to John
Martin reservoir.
(2) The amount authorized in this section
is in addition to the amount authorized previously for the Arkansas
river channel restoration study. The moneys appropriated in subsection
(1) of this section shall remain available for the designated
purposes until the project is completed.
SECTION 8. Statewide river
rehabilitation and floodplain management needs inventory.
The Colorado water conservation board is hereby authorized to
expend up to one hundred thousand dollars ($100,000) from the
Colorado water conservation board construction fund to develop
a scope of work and contract for services to conduct a statewide
inventory of river channel rehabilitation and floodplain management
needs. The findings of the needs assessment will be the basis
for a proposal to determine the economic feasibility of establishing
a statewide floodplain management and river channel rehabilitation
program funded separately from the Colorado water conservation
board construction fund. The proposed program would represent
a comprehensive approach and source of funds for local governments
to better manage and address multiobjective river issues
including floodplain management, flood hazard mitigation measures,
streambank and channel erosion, and maintenance of channel conveyance
and wildlife habitat areas. The moneys appropriated pursuant
to this section shall remain available for the designated purposes
until the project is completed.
SECTION 9. Chatfield reservoir reallocation
study. (1) The Colorado
water conservation board is hereby authorized to expend up to
three hundred thousand dollars ($300,000) from the Colorado water
conservation board construction fund to cooperate with the United
States army corps of engineers, the urban drainage and flood control
district, interested local governments, and other water users,
in a reconnaissance study to be conducted in 1997 for the potential
reallocation of flood control storage space to municipal water
supply storage in Chatfield reservoir. The purpose of this reconnaissance
study is to analyze existing and alternative operations of the
Chatfield reservoir individually and, to the extent necessary,
systematically with the Cherry Creek and Bear Creek reservoirs,
to determine the advisability of undertaking a more detailed
and more expensive investigation concerning the feasibility of
reallocating storage in the flood control pool of Chatfield reservoir,
either permanently or on a seasonal basis, to the conservation
pool for water supply purposes. The reconnaissance study will
estimate potential changes to downstream flows and to reservoir
pool elevations as well as the potential consequences to water
supplies, flood damages, recreation opportunities, water quality,
fish and wildlife habitat, and other resources.
(2) Expenditure of the funds in subsection
(1) of this section shall be contingent upon the board receiving
a commitment from the United States army corps of engineers that
these expenditures, and significant inkind services provided
by the board staff, along with any similar contributions by other
nonfederal participants, will be recognized and credited appropriately
in the negotiated cost share agreement for funding and implementation
of a formal feasibility study, should the board and the Colorado
department of natural resources decide to proceed with that level
of analysis.
(3) The moneys appropriated pursuant to
this section shall remain available for the designated purposes
until the project is completed.
SECTION 10. Tamarack project
and continuation of demonstration
projects. (1) The Colorado water conservation board
is hereby authorized to expend a total of up to three hundred
thousand dollars ($300,000) from the Colorado water conservation
board construction fund to cooperate with the South Platte lower
river group for the following purposes:
(a) Up to two hundred forty thousand dollars
($240,000) for construction of the Tamarack reregulation project;
and
(b) Up to sixty thousand dollars ($60,000)
for continuation of making grants for demonstration projects.
(2) The amounts authorized in this section
are in addition to amounts authorized previously for the South
Platte lower river group. The moneys appropriated in subsection
(1) of this section shall remain available for the designated
purposes until the project is completed.
SECTION 11. Exception to law
concerning fish and wildlife resources account for the Grand Valley
water management project and native aquatic species facility.
(1) To further the goals stated in section 3760122.2
(1) (a), Colorado Revised Statutes, and not withstanding the provisions
of section 3760122.2 (1) (b), (1) (c), (2) (b), and
(2) (c), Colorado Revised Statutes, the Colorado water conservation
board is authorized to:
(a) Make a nonreimbursable grant of not
more than one million two hundred fifty thousand dollars from
the fish and wildlife resources account in the Colorado water
conservation board construction fund to the United States fish
and wildlife service for the Grand Valley water management project
proposed by the recovery implementation program for the endangered
fish species of the upper Colorado river basin under provisions
that assure that any unneeded or unused portion of these funds
will be restored to the fish and wildlife resources account if
the recovery program ceases to be in effect or to serve its intended
purposes; and
(b) Make a nonreimbursable grant of not
more than two million dollars from the fish and wildlife resources
account in the Colorado water conservation board construction
fund to the Colorado division of wildlife for development and
initial operation of the native aquatic species facility. The
board's contribution shall not exceed forty percent of the actual
cost to develop and operate the native aquatic species facility
for the first three years of operation.
(2) The moneys appropriated in subsection
(1) of this section shall remain available for the designated
purposes until the project is completed.
SECTION 12. Restoration
of emergency infrastructure repair loan account balance.
A total of nine hundred sixty thousand dollars ($960,000), or
so much thereof as may be necessary, shall be transferred from
unreserved cash in the Colorado water conservation board
construction fund to the emergency infrastructure repair loan
account in order to bring the balance in the emergency infrastructure
repair loan account back to two million dollars ($2,000,000).
SECTION 13. Salinity
control program loans. The Colorado water conservation board
is hereby authorized to expend a cumulative total of one million
dollars ($1,000,000) from unreserved cash in the Colorado water
conservation board construction fund for loans to participants
in the Colorado river basin salinity control program. Such loans
shall be at the terms and conditions the board determines after
review and approval of each potential participant=s
application. The loan amount shall not exceed fifty percent of
the total cost of constructing any particular salinity control
project.
SECTION 14. Article
60 of title 37, Colorado Revised Statutes, 1990 Repl. Vol., as
amended, is amended BY THE ADDITION OF A NEW SECTION to read:
3760122.4. Horse Creek basin account
creation. (1) THERE
IS HEREBY CREATED IN THE STATE TREASURY AS PART OF THE COLORADO
WATER CONSERVATION BOARD CONSTRUCTION FUND THE HORSE CREEK BASIN
ACCOUNT. THE STATE TREASURER IS HEREBY AUTHORIZED AND DIRECTED
TO TRANSFER NINE HUNDRED FIFTEEN THOUSAND DOLLARS ($915,000) FROM
THE COLORADO WATER CONSERVATION BOARD CONSTRUCTION FUND TO THE
HORSE CREEK BASIN ACCOUNT.
(2) THE COLORADO WATER CONSERVATION BOARD
IS AUTHORIZED TO MAKE LOANS FROM THE HORSE CREEK BASIN ACCOUNT
TO FINANCE THE COSTS OF ACQUIRING WATER RIGHTS FOR AUGMENTATION,
THE ENGINEERING AND LEGAL COSTS OF ADJUDICATION OF AN AUGMENTATION
PLAN, AND THE COSTS ASSOCIATED WITH OBTAINING AN OPERATING AGREEMENT
TO FACILITATE SAID AUGMENTATION PLAN FOR WATER USERS IN THE HORSE
CREEK BASIN AREA. THE COLORADO WATER CONSERVATION BOARD IS AUTHORIZED
TO CONTRACT, PURSUANT TO SECTION 3760119 (2), FOR
THE LOANS SPECIFIED IN THIS SUBSECTION (2). THE LOANS SHALL BE
SUBJECT TO AN INTEREST RATE AND REPAYMENT PERIOD TO BE DETERMINED
SOLELY BY THE COLORADO WATER CONSERVATION BOARD. THE COLORADO
WATER CONSERVATION BOARD SHALL, PURSUANT TO SECTION 3760120
(1), REQUIRE SUCH TERMS AND CONDITIONS IN ANY CONTRACT ENTERED
INTO PURSUANT TO THIS SUBSECTION (2) THAT WILL ENSURE REPAYMENT
OF THE LOAN.
(3) THE COLORADO WATER CONSERVATION BOARD
IS HEREBY AUTHORIZED TO LOAN THE HORSE CREEK WATER USERS ASSOCIATION
THE AMOUNT OF EIGHT HUNDRED TWENTYFIVE THOUSAND DOLLARS
($825,000) FROM THE HORSE CREEK BASIN ACCOUNT, CREATED IN SUBSECTION
(1) OF THIS SECTION, PURSUANT TO THE TERMS AND CONDITIONS OF SUBSECTION
(2) OF THIS SECTION.
SECTION 15. Well metering project
appropriation. (1) The
Colorado water conservation board, in cooperation with the state
engineer, is hereby authorized to expend up to one hundred thousand
dollars ($100,000) to study well pumping measurements in the Arkansas
River basin. The Colorado water conservation board is authorized
to reimburse the ground water management fund, created in section
3780111.5 (1) (d), Colorado Revised Statutes, an amount
up to twentyfive thousand dollars ($25,000), for the purchase
of totalizing flow meters by the state engineer in the 1997 fiscal
year for the purpose of commencing the study.
(2) The amounts appropriated in subsection
(1) of this section shall remain available for the designated
purposes until the project is completed.
SECTION 16. Appropriation.
In addition to any other appropriation, there is hereby appropriated,
out of any moneys in the severance tax trust fund perpetual base
account pursuant to section 3929109 (1) (a) (I), Colorado
Revised Statutes, to the department of natural resources, for
allocation to the water conservation board, for the fiscal year
beginning July 1, 1997, the sum of four million dollars ($4,000,000),
or so much thereof as may be necessary, for the implementation
of this act. Said sum shall be for the Eagle Park Reservoir Company
to support the Eagle Park Reservoir Rehabilitation project.
SECTION 17. 3760130
(1) and (2), Colorado Revised Statutes, 1990 Repl. Vol., as amended,
are amended to read:
3760130. Arkansas river augmentation
loan account creation. (1) There
is hereby created in the state treasury as part of the Colorado
water conservation board construction fund the Arkansas river
augmentation loan account. The state treasurer is hereby authorized
and directed to transfer one million
five hundred thousand A TOTAL OF
THREE MILLION FIVE HUNDRED THOUSAND dollars from the UNRESERVED
CASH FUNDS IN THE water conservation board construction fund to
the Arkansas river augmentation loan account.
(2) The board is hereby authorized to expend up
to one million five hundred thousand
THREE MILLION FIVE HUNDRED THOUSAND dollars from the Arkansas
river augmentation loan account for the purpose of making loans
to organizations or entities for the purchase of augmentation
water or the rights to such water to replace outofpriority
depletions to surface water rights and to prevent material depletions
of usable stateline flows in violation of the Arkansas river compact.
SECTION 18. 2436114
(2), Colorado Revised Statutes, 1988 Repl. Vol., as amended, is
amended BY THE ADDITION OF A NEW PARAGRAPH to read:
2436114. How interest earnings
credited management fee. (2) (i) THE
PROVISIONS OF THIS SUBSECTION (2) SHALL NOT APPLY TO ANY ACCOUNT
IN THE COLORADO WATER CONSERVATION BOARD CONSTRUCTION FUND.
SECTION 19. Safety clause.
The general assembly hereby finds, determines, and declares that
this act is necessary for the immediate preservation of the public
peace, health, and safety.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Joan M. Albi Judith M. Rodrigue
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO