This information is prepared as an informational service only and should not be relied upon as an official record of action taken by the Colorado General Assembly.
Sixty-first General Assembly
LLS NO. 980095.01 PLC
HOUSE BILL 981189
STATE OF COLORADO
BY REPRESENTATIVES Entz and Reeser;
also SENATOR Bishop.
REREVISED
AGR., LIVESTOCK & NATURAL RESOURCES
APPROPRIATIONS
A BILL FOR AN ACT
CONCERNING THE FUNDING OF COLORADO WATER CONSERVATION
BOARD PROJECTS, AND MAKING APPROPRIATIONS IN CONNECTION THEREWITH.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
adopted.)
Authorizes the water conservation board construction fund and the severance tax trust fund perpetual base account to expend moneys on the following:
Deauthorizes certain projects authorized in previous
years. Changes the amount authorized for a certain project in
a previous year.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Project loan authorizations from the Colorado water conservation board construction fund. (1) Pursuant to section 3760122 (1) (b), Colorado Revised Statutes, the Colorado water conservation board is hereby authorized to loan moneys from the Colorado water conservation board construction fund to enable the construction of the following water resources projects with the following priority:
Priority BorrowerProject Loan Amount
(a) City of Loveland Green $ 2,000,000
Ridge Glade Reservoir Enlargement
(b) DeWeeseDye Ditch & Reservoir $ 734,000
Company DeWeese Dam
Rehabilitation a
(c) North Poudre Irrigation Company $ 500,000
System Rehabilitation a
(d) City of Idaho Springs Idaho Springs $ 955,000
Reservoir Rehabilitation a
(e) Greeley and Loveland Irrigation $ 308,000 Company Equalizer Dam
Rehabilitation a
(f) Blue Lake Owners Association $ 900,000
Raw Water Irrigation System a
(g) City of Fort Morgan Raw $ 4,000,000
Water Pipeline a
(h) City of Sterling Pawnee Creek $ 550,000
Flood Control Project a
(i) Chatfield South Water District $ 500,000
Water Rights Purchase a
(j) Riverside Reservoir and $ 450,000
Land Co. Riverside Res.
Spillway Rehab. and Land
Purchase
(k) Windsor Canal and $ 925,000
Reservoir Co. Big Windsor
Reservoir Pump Station
(l) Groundwater Appropriators of $ 1,700,000
the South Platte Sedgewick
Augmentation Reservoir Totals $13,522,000.
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.
SECTION 2. Project loan authorizations from the severance tax trust fund perpetual base account. (1) Pursuant to section 3929109 (1) (a) (I), Colorado Revised Statutes, the Colorado water conservation board is hereby authorized to loan moneys from the severance tax trust fund perpetual base account to enable the construction of the following water resources projects with the following priority:
Priority BorrowerProject Loan Amount
(a) Highland Ditch Company Foothills $ 1,040,000
Reservoir Dam Rehabilitation
(b) City of Fort Morgan Raw Water $ 4,000,000
Pipeline b
(c) Northern Colorado Water Association $ 900,000
Purchase of Wells and Water Rights
Total $ 5,940,000
b 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 severance tax trust fund perpetual base account. 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.
SECTION 3. Increases to prior authorized project loans. (1) Pursuant to section 3760122 (1) (b), Colorado Revised Statutes, the Colorado water conservation board is hereby authorized to loan moneys to enable or continue the construction of the following previously authorized water resources projects:
Prior Prior Total
BorrowerProject Authority Amount Increase Amount
City of Greeley SB 8715 $412,500 $375,000 $ 787,500
Twin Lakes Dam
Rehabilitation
Town of Palisade HB 951155 $750,000 $172,000 $ 922,000
Replace Cottonwood
Pipeline c
Purgatoire River SB 97008 $500,000 $500,000 $1,000,000
Water Conservancy
District Trinidad
Project Refinance
Totals $1,662,500 $1,047,000 $2,709,500
c Footnote "a" in the original authorization in HB951155, as enacted by the First Regular Session of the Sixtieth General Assembly, regarding the borrower being unable to obtain financing through the Colorado water resources and power development authority as it applies to this borrower shall be removed.
SECTION 4. Decreases to prior authorized project loans.
Prior Prior Amount
BorrowerProject Authority Amount Decrease Remaining
Dolores Water HB 831102 $5,617,392 $5,617,392 $0
Conservancy
District
Dolores Project
Residual Account
Rio Grande Water SB 8715 $ 250,000 $ 250,000 $0
Cons. District
Ditches & Drains
Town of Oak SB 8715 $ 300,000 $ 300,000 $0
Creek Sheriff
Reservoir Spillway
Enlargement
Wadley Farms SB 96153 $ 500,000 $ 500,000 $0
Homeowners
Association
Wadley Dams
No. 1, 2, & 3 Rehab.
Cedar Mesa Ditch SB 94029 $ 10,500 $ 10,500 $0
Co. Cedar Mesa
Res. Outlet Rehab.
Lateral 35 SB 94029 $ 35,000 $ 35,000 $0
Association
Rehabilitate Lateral
City of Walsenburg SB 94029 $ 86,000 $ 86,000 $0
Martin Lake
Enlargement and
Rehab.
Goodhue Ditch HB 951155 $ 19,000 $ 19,000 $0
and Reservoir
Co. Goodhue
Ditch Rehabilitation
Totals $6,817,892 $6,817,892 $0
SECTION 5. Rio Grande compact decision support system appropriation. (1) The Colorado water conservation board is hereby authorized to initiate design of a decision support system for the Rio Grande basin including data collection and development of the necessary data and 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, the sum of two million dollars ($2,000,000), or so much thereof as may be necessary, to retain a contractor to manage the design of the Rio Grande compact decision support system and for the continued implementation of this section.
(3) The moneys appropriated in subsection (2) of this section for the Rio Grande compact decision support system shall remain available for the designated purposes until the project is completed.
SECTION 6. 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, 1998, 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 7. Arkansas river well measurement program continuation appropriation. (1) 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 Colorado water conservation board for allocation to the state engineer, the sum of seventyfive thousand dollars ($75,000), or so much thereof as may be necessary, to continue the Arkansas river well measurement program.
(2) The amounts appropriated in this section are in addition to amounts appropriated previously for the Arkansas river well measurement program. The moneys appropriated in subsection (1) of this section shall remain available for the designated purposes until the project is completed.
SECTION 8. Section 9 of Chapter 168, Session Laws of Colorado 1997, is amended to read:
Section 9. Chatfield reservoir reallocation
study appropriation. (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 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 COLORADO WATER CONSERVATION BOARD, THE SUM OF FIVE HUNDRED
THOUSAND DOLLARS ($500,000), OR SO MUCH THEREOF AS MAY BE NECESSARY,
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
FEASIBILITY 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 EXECUTING A 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
FEASIBILITY STUDY is completed.
SECTION 9. South Platte river multiobjective management plan continuation appropriation. (1) 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 Colorado water conservation board, the sum of fiftysix thousand dollars ($56,000), or so much thereof as may be necessary, to continue development of the South Platte river multiobjective management plan.
(2) The amount appropriated in this section is in addition to amounts appropriated previously for the South Platte 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 10. Lower Elk river floodplain management planning appropriation. (1) 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 Colorado water conservation board, the sum of thirty thousand dollars ($30,000), or so much thereof as may be necessary, to assist Routt county and the lower Elk river flood association implement projects and develop a multiobjective floodplain management master plan for the lower reach of the Elk river and the Yampa river basin as follows:
(a) Up to ten thousand dollars ($10,000) for assistance to implement demonstration flood projects; and
(b) Up to twenty thousand dollars ($20,000) for master planning assistance to develop a multiobjective floodplain management master plan.
(2) The moneys appropriated in subsection (1) of this section shall remain available for the designated purposes until the project is completed.
SECTION 11. Article 60 of title 37, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
3760122.9. Colorado river recovery program loan account creation. (1) THERE IS HEREBY CREATED IN THE STATE TREASURY AS PART OF THE COLORADO WATER CONSERVATION BOARD CONSTRUCTION FUND THE COLORADO RIVER RECOVERY PROGRAM LOAN ACCOUNT FOR THE PURPOSE OF MAKING LOANS TO THE COLORADO RIVER AND SAN JUAN RIVER RECOVERY PROGRAMS FOR THE CONSTRUCTION OR IMPROVEMENT OF CERTAIN WATER RELATED PROJECTS IN COLORADO, UNDER AGREEMENTS WITH POWER USERS OF THE FEDERAL COLORADO RIVER STORAGE PROJECT, REQUIRED TO RECOVER THE FOUR ENDANGERED FISH SPECIES OF THE UPPER COLORADO RIVER, INCLUDING THE SAN JUAN RIVER.
(2) THE COLORADO WATER CONSERVATION BOARD SHALL RECOMMEND LOANS FROM THE COLORADO RIVER RECOVERY PROGRAM LOAN ACCOUNT TO THE GENERAL ASSEMBLY PURSUANT TO SECTION 3760122 (1) (b). THE LOANS SHALL BE SUBJECT TO AN INTEREST RATE AND REPAYMENT PROVISIONS TO BE DETERMINED BY THE COLORADO WATER CONSERVATION BOARD.
(3) THE STATE TREASURER IS HEREBY AUTHORIZED AND DIRECTED TO TRANSFER TO THE COLORADO RIVER RECOVERY PROGRAM LOAN ACCOUNT, CREATED IN SUBSECTION (1) OF THIS SECTION, OUT OF ANY MONEYS IN THE COLORADO WATER CONSERVATION BOARD CONSTRUCTION FUND NOT OTHERWISE APPROPRIATED, THE SUM OF TWO MILLION DOLLARS. INTEREST EARNED ON THE FUNDS IN THE COLORADO RIVER RECOVERY PROGRAM LOAN ACCOUNT SHALL BE CREDITED TO THE COLORADO WATER CONSERVATION BOARD CONSTRUCTION FUND, CREATED IN SECTION 3760121 (1).
SECTION 12. Geohydrologic investigation of the Denver basin aquifers appropriation. (1) 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 Colorado water conservation board, the sum of ninety thousand dollars ($90,000), or so much thereof as may be necessary, for allocation to the Denver Museum of Natural History and the United States Geological Survey, in cooperation with the National Science Foundation, to drill and core a two thousand foot research well in the Denver basin aquifers near Kiowa in the central Denver basin and to conduct a geohydrologic analysis.
(2) The moneys appropriated in subsection (1) of this section shall remain available for the designated purposes until the project is completed.
SECTION 13. Paragraph (a) of subsection (1) of Section 11 of Chapter 168, Session Laws of Colorado 1997, is amended to read:
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
PARTICIPANTS OF THE COLORADO RIVER RECOVERY IMPLEMENTATION PROGRAM
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
SECTION 14. 3760121 (3), Colorado Revised Statutes, is amended to read:
3760121. Colorado water conservation board construction fund creation of nature of fund funds for investigations contributions use for augmenting the general fund. (3) Contributions of money, property, or equipment may be received AND EXPENDED from any county, municipality, federal agency, water conservation district, metropolitan water district, conservancy district, water users' association, person, or corporation for use in making investigations, contracting projects, or otherwise carrying out the purposes of sections 3760119 to 3760122.
SECTION 15. Section 16 of Chapter 168, Session Laws of Colorado 1997, is amended to read:
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 AND SHALL REMAIN
AVAILABLE FOR THE DESIGNATED PURPOSES UNTIL THE PROJECT IS COMPLETED
SECTION 16. 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.