Colorado Legislative Council Staff

STATE

REVISED FISCAL IMPACT

(Replaces Fiscal Note dated February 17, 1998)

TABOR Refund Impact

No State General Fund Impact

Cash Fund Revenue and Expenditure Impact

Drafting Number:

Prime Sponsor(s):

LLS 98-095

Rep. Entz

Sen. Bishop

Date:

Bill Status:

Fiscal Analyst:

March 23, 1998

Senate Appropriations

Steve Tammeus (866-2756)

 

TITLE:            CONCERNING THE FUNDING OF COLORADO WATER CONSERVATION BOARD PROJECTS, AND MAKING APPROPRIATIONS IN CONNECTION THEREWITH.



Summary of Legislation



STATE FISCAL IMPACT SUMMARY

FY 1998/99

FY 1999/2000

State Revenues

General Fund

Colorado Water Conservation Board Construction Fund



Interest Earnings from Loan Account

State Expenditures

Colorado Water Conservation Board Construction Fund

Colorado Water Conservation Board Construction Fund transfer to

     Colorado River Recovery Program Loan Account


$2,871,000

2,000,000

 

FTE Position Change

None

None

Local Government Impact — None



            This bill, as amended by the Senate Agriculture Committee (Senate Journal, March 19, 1998, page 505), authorizes the Colorado Water Conservation Board to loan moneys from the Colorado Water Conservation Board Construction Fund to enable the construction of the water resources projects identified in Table 1.


Table 1 - New Loans

Loan Amount

Green Ridge Glade Reservoir

$2,000,000

DeWeese Dam Rehabilitation

734,000

North Poudre Irrigation Company

500,000

Idaho Springs Reservoir

955,000

Greeley and Loveland Irrigation Co - Equalizer Dam

308,000

Blue Lake Owners Assoc - Raw Water Irrigation

900,000

City of Ft Morgan - Raw Water Pipeline

4,000,000

Pawnee Creek Flood Control

550,000

Chatfield South Water District

500,000

Riverside Reservoir Spillway Rehabilitation

450,000

Big Windsor Reservoir Pump Station

925,000

Sedgewick Augmentation Reservoir

1,700,000

Total - Water Conservation Board Construction Fund

$13,522,000



            The bill authorizes the board to loan moneys from the Severance Tax Trust Fund Perpetual Base Account to enable the construction of water resources projects identified in Table 2.


Table 2 - New Loans

Loan Amount

Highland Ditch - Foothills Reservoir Dam

$1,040,000

City of Ft. Morgan - Raw Water Pipeline

4,000,000

Norther Colorado Water Assoc - Wells and Water Rights

900,000

Total - Severance Tax Trust Fund Perpetual Base Account

$5,940,000

 

            The bill authorizes the board to increase the amounts of loans previously authorized for water resources projects identified in Table 3.


Table 3

Loan Increases

Prior

Authority

Prior Loan Amount


Increase

Revised Loan Amount

Twin Lakes Dam

SB 87-15

$412,500

$375,000

$787,500

Cottonwood Pipeline

HB 95-1155

$750,000

172,000

922,000

Trinidad Project

SB 97-008

500,000

500,000

1,000,000

Total - Water Conservation Board Construction Fund

$1,662,500

$1,047,000

$2,709,500



            The amended bill decreases the amounts of loans previously authorized for water resources projects identified in Table 4.


Table 4

Loan Deauthorizations

Prior

Authority

Prior Loan Amount


Decrease

Revised

Loan

Amount

Dolores Project

HB 83-1102

$5,617,392

$5,617,392

$0

Rio Grande Water District

SB 87-15

250,000

250,000

0

Oak Creek - Sheriff Reservoir

SB 87-15

300,000

300,000

0

Wadley Farms Homeowners

SB 96-153

500,000

500,000

0

Cedar Mesa Ditch Co

SB 94-029

10,500

10,500

0

Lateral 35 Assoc

SB 94-029

35,000

35,000

0

City of Walsenberg - Martin Lake

SB 94-029

86,000

86,000

0

Goodhue Ditch and Reservoir

HB 95-1155

19,000

19,000

0

Total - Water Conservation Board Construction Fund

$6,817,892

$6,817,892

$0


            The amended bill appropriates moneys from the Colorado Water Conservation Board Construction Fund to the Department of Natural Resources for FY 1998-99 for the water resources projects identified in Table 5.


Table 5

Water Resources Projects

FY 1998-99 Appropriation

Rio Grande Compact Decision Support System - Contractor

$2,000,000

Satellite Monitoring System - Maintenance

120,000

Arkansas River Well Measurement Program

75,000

Chatfield Reservoir Feasibility Study

500,000

South Platte River Multi-objective Plan

56,000

Elk and Yampa River Floodplain Master Plan

30,000

Total Appropriations

$2,781,000


            The bill creates the Colorado River Recovery Program Loan Account within the Colorado Water Conservation Board Construction Fund for the purpose of making loans to the Colorado River and San Juan River recovery programs. The bill directs the State Treasurer to transfer $2 million from the construction fund to the loan account. The use of funds in the loan account will be subject to approval by the General Assembly under terms to be established by the General Assembly. The loans will be subject to an interest rate and repayment provisions as determined by the conservation board. Any interest earned on the moneys in the loan account shall be credited to the construction fund.


            In addition to the appropriations shown in Table 5, the amended bill appropriates $90,000 from the Water Conservation Board Construction Fund to the Department of Natural Resources for allocation to the Denver Museum of Natural History and the United States Geological Society to drill and core a 2,000 foot research well near Kiowa.


            The amended bill authorizes the Water Conservation Board to make a nonreimbursable grant of not more than $1,250,000 from the Fish and Wildlife Resources Account in the Water Conservation Board Construction Fund to participants of the Colorado River Recovery Implementation Program rather than the United States Fish and Wildlife Service for the Grand Valley water management project.


            The amended bill authorizes the Water Conservation Board to expend any contributions credited to the Water Conservation Board Construction fund. The amended bill specifies that the appropriation of $4,000,000 from the Severance Tax Trust Fund for FY 1997-98 to the conservation board for the Eagle Park Reservoir Rehabilitation project shall remain available until the project is completed. This bill will become effective upon the signature of the Governor.


            The provisions of this bill affect state cash fund revenue and expenditures. Therefore, the bill is assessed as having a fiscal impact.


TABOR Refund Impact


            Section 20 of Article X of the Colorado Constitution, limits the maximum annual percentage increase in state fiscal year spending. Once total state revenue from all sources that are not specifically excluded from fiscal year spending exceeds these limits for the fiscal year, the state constitution requires that the excess shall be refunded in the next fiscal year unless voters approve a revenue change as an offset. Based on the current Legislative Council economic forecast, it is projected that the state will be in a TABOR refund position during each of the next five fiscal years. Any increase in state revenue from changes in fees, fines, licenses, or other revenue sources will affect the amount of the state revenue to be refunded.


Spending Authority


            This fiscal note would imply the Department of Natural Resources would require a Colorado Water Conservation Board Construction Fund appropriation of $2,871,000 for FY 1998-99 to implement the provisions of this amended bill.


            The department would also require a transfer of $2,000,000 from the Colorado Water Conservation Board Construction Fund to the Colorado River Recovery Program Loan Account for FY 1998-99.


Departments Contacted


            Natural Resources