First Regular Session
Sixty-second General Assembly
LLS NO. 99-0075.02 Pam Cybyske HOUSE BILL 99-1050
STATE OF COLORADO
BY REPRESENTATIVE Smith;
also SENATOR Dennis.
AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES
APPROPRIATIONS
A BILL FOR AN ACT
101 CONCERNING THE CREATION OF A PROCESS FOR THE DEVELOPMENT OF
102 WATER PROJECTS TO INCREASE THE WATER RESOURCES AVAILABLE
103 TO THE CITIZENS OF COLORADO, AND, IN CONNECTION THEREWITH,
104 PROVIDING FOR MITIGATION OF THE IMPACT OF SAID PROJECTS,
105 ESTABLISHING A WATER PROJECT ASSISTANCE FUND, AND MAKING
106 AN APPROPRIATION.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Declares that the state, proponents of water development projects,
and local interested persons have a role in the promotion, protection,
enhancement, and efficient utilization of Colorado's water resources.
Requires the Colorado water conservation board and the division
of water resources in the department of natural resources to provide
financial and technical assistance in the organization of local basin
planning groups to identify present and future water needs in the
Arkansas, North Platte, South Platte, Rio Grande, San Juan, Gunnison,
mainstem of the Colorado, and Yampa/White river basins in Colorado.
Requires the Colorado water conservation board and the division
of water resources in the department of natural resources to:
Review and comment on the work of each of the local
basin planning groups and address certain issues from a
statewide perspective;
Report to the general assembly the results of the local basin
planning groups' basin studies and make recommendations
to the general assembly concerning ways the state can
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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assist in meeting the water needs identified by the local basin planning
groups by March 1, 2003.
Authorizes the Colorado water conservation board and the division
of water resources in the department of natural resources, in consultation
with the local basin planning groups, to identify impacts and benefits of
proposed water development projects and potential mitigation options
designed to address the impacts.
Creates the water project assistance account in the water
conservation board construction fund for the purpose of funding
identified water development projects.
Requires any water development project that is funded from the
water project assistance account to be designed, constructed, and operated
in a manner that will not impair or cause an increased cost to water users
in the natural basin from which the water is exported.
Allocates moneys from the Colorado water conservation board
construction fund and the operational account of the severance tax trust
fund to the water project assistance account and appropriates moneys
from the water project assistance account to the department of natural
resources for purposes of this bill.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Article 60 of title 37, Colorado Revised Statutes, is
3 amended BY THE ADDITION OF A NEW PART to read:
4 PART 2
5 WATER PROJECT DEVELOPMENT PROCESS
6 37-60-201. Legislative declaration. THE GENERAL ASSEMBLY
7 HEREBY FINDS AND DECLARES THAT COLORADO IS A SEMIARID STATE IN
8 WHICH WATER IS NOT ALWAYS NATURALLY AVAILABLE AT THE TIME AND
9 PLACE OF NEED. CONTINUING GROWTH AND DEVELOPMENT IS PLACING
10 LIMITATIONS ON COLORADO'S WATER RESOURCES, AND NATURAL SYSTEMS
11 AND EXISTING ECONOMIES THAT DEPEND ON WATER. IN ORDER TO FULLY
12 AND EFFICIENTLY UTILIZE COLORADO'S WATER RESOURCES, AS WELL AS
13 PROTECT THE ENVIRONMENT, THE STATE, IN COORDINATION WITH ALL
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1 PARTIES WITH AN INTEREST IN THESE RESOURCES, HAS A ROLE IN THE
2 PLANNING AND FINANCING OF PROJECTS, FACILITIES, RESTORATION
3 ACTIVITIES, AND OTHER ACTIONS THAT WILL PROMOTE THE PROTECTION,
4 ENHANCEMENT, AND EFFICIENT UTILIZATION AND ADMINISTRATION OF
5 COLORADO'S SCARCE WATER RESOURCES. FURTHER, THE GENERAL
6 ASSEMBLY FINDS AND DECLARES THAT THE STATE, AS TO INITIATIVES
7 IDENTIFIED UNDER THIS PART 2, HAS A ROLE IN ENSURING THAT IMPACTS
8 ARE ADEQUATELY IDENTIFIED AND MITIGATED AND THAT IMPEDIMENTS TO
9 THESE INITIATIVES ARE ADDRESSED.
10 37-60-202. Local water needs identification. (1) THE
11 COLORADO WATER CONSERVATION BOARD AND THE DIVISION OF WATER
12 RESOURCES, IN THE DEPARTMENT OF NATURAL RESOURCES, SHALL PROVIDE
13 TECHNICAL AND FINANCIAL ASSISTANCE, IN COOPERATION WITH EXISTING
14 PLANNING EFFORTS, IF ANY, IN THE ORGANIZATION OF LOCAL, VOLUNTARY
15 BASIN PLANNING GROUPS ESTABLISHED TO IDENTIFY THE PRESENT AND
16 FUTURE WATER NEEDS, BOTH CONSUMPTIVE AND NONCONSUMPTIVE,
17 WITHIN THE PLANNING GROUP'S LOCAL RIVER BASIN. FOR PURPOSES OF
18 THIS SECTION, "RIVER BASIN" SHALL REFER TO THE SURFACE AND
19 GROUNDWATER RESOURCES WITHIN THE NATURAL DRAINAGE OF THE
20 ARKANSAS, NORTH PLATTE, SOUTH PLATTE, RIO GRANDE, DOLORES, SAN
21 JUAN, GUNNISON, MAINSTEM OF THE COLORADO, YAMPA, AND WHITE
22 RIVER BASINS WITHIN COLORADO. THESE LOCAL PLANNING GROUPS
23 SHOULD INCLUDE ALL INTERESTED PARITIES, AND MAY INCLUDE, BUT ARE
24 NOT LIMITED TO, REPRESENTATIVES FROM LOCAL WATER CONSERVANCY
25 DISTRICTS, WATER CONSERVATION DISTRICTS, AGRICULTURAL INTERESTS,
26 GOVERNMENTAL ENTITIES, WATER UTILITIES, ENVIRONMENTAL INTERESTS,
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1 RECREATIONAL INTERESTS, INTERESTED CITIZEN ORGANIZATIONS,
2 MEMBERS OF THE GENERAL PUBLIC, AND FEDERAL AND STATE AGENCIES.
3 TO THE MAXIMUM EXTENT PRACTICABLE, DECISIONS OF THESE PLANNING
4 GROUPS SHALL BE BY CONSENSUS. PLANNING GROUPS SHALL MEET IN
5 ACCORDANCE WITH SECTION 24-6-401, C.R.S.
6 (2) A PLANNING GROUP SHOULD IDENTIFY AND SUBMIT TO THE
7 COLORADO WATER CONSERVATION BOARD NO LATER THAN MARCH 1,
8 2002, FOR ITS RIVER BASIN THE FOLLOWING:
9 (a) HISTORICAL AND EXISTING SURFACE AND GROUNDWATER
10 SUPPLY CONDITIONS, BOTH LEGAL AND PHYSICAL, WITH PARTICULAR
11 EMPHASIS ON FUTURE WATER AVAILABILITY AND HISTORICAL DROUGHT
12 PATTERNS;
13 (b) EXISTING AND REASONABLY FORESEEABLE WATER NEEDS FOR
14 CONSUMPTIVE BENEFICIAL USES;
15 (c) EXISTING AND REASONABLY FORESEEABLE ENVIRONMENTAL
16 AND OTHER NONCONSUMPTIVE WATER NEEDS, INCLUDING, BUT NOT
17 LIMITED TO, WATER QUALITY CONDITIONS;
18 (d) OBLIGATIONS UNDER INTERSTATE WATER COMPACTS, UNITED
19 STATES SUPREME COURT DECREES, AND FEDERAL LAW;
20 (e) INTRA-BASIN RIVER ADMINISTRATION ISSUES;
21 (f) ALTERNATIVES, BOTH STRUCTURAL AND NONSTRUCTURAL,
22 THAT COULD BE UTILIZED TO ADDRESS THE WATER NEEDS IDENTIFIED
23 PURSUANT TO PARAGRAPHS (b), (c), AND (d) OF THIS SUBSECTION (2),
24 TAKING INTO ACCOUNT:
25 (I) POTENTIAL ECONOMIC, TECHNICAL, LEGAL, OR REGULATORY
26 IMPEDIMENTS;
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1 (II) POTENTIAL IMPACTS ON THE NATURAL ENVIRONMENT; AND
2 (III) THE DEGREE TO WHICH THE IDENTIFIED NEEDS MIGHT BE MET
3 THROUGH THE ENHANCEMENT OF WATER USE EFFICIENCIES.
4 (g) ANY IMPEDIMENTS TO THE DEVELOPMENT OF ALTERNATIVES
5 NECESSARY TO MEET THE IDENTIFIED WATER NEEDS, AND OPTIONS TO
6 OVERCOME THOSE IMPEDIMENTS.
7 37-60-203. Colorado water conservation board and division of
8 water resources - assistance to basin planning groups. (1) FROM THE
9 WATER NEEDS ASSISTANCE ACCOUNT CREATED PURSUANT TO SECTION
10 37-60-205, AND FROM EXISTING STAFF RESOURCES, THE COLORADO WATER
11 CONSERVATION BOARD AND THE DIVISION OF WATER RESOURCES SHALL
12 PROVIDE TECHNICAL ASSISTANCE TO BASIN PLANNING GROUPS.
13 (2) THE DIVISION OF WATER RESOURCES AND THE COLORADO
14 WATER CONSERVATION BOARD SHALL REVIEW AND COMMENT UPON THE
15 WORK OF THE BASIN PLANNING GROUPS, CREATED PURSUANT TO SECTION
16 37-60-202, INCLUDING THE ALTERNATIVES IDENTIFIED IN SECTION
17 37-60-202 (1) (f), AND SHALL ADDRESS THE FOLLOWING ISSUES FROM A
18 STATEWIDE PERSPECTIVE:
19 (a) ALTERNATIVES THAT ASSIST IN THE FULL AND EFFICIENT
20 DEVELOPMENT AND USE OF THE WATER AVAILABLE TO COLORADO UNDER
21 INTERSTATE WATER COMPACTS, UNITED STATES SUPREME COURT DECREES,
22 AND FEDERAL LAW, TAKING INTO ACCOUNT THE ECONOMICS OF SUCH
23 ALTERNATIVES AS WELL AS THEIR POTENTIAL IMPACT ON THE NATURAL
24 ENVIRONMENT;
25 (b) NEW, OR ADJUSTMENTS TO EXISTING, INSTREAM FLOW WATER
26 RIGHTS THAT ASSIST IN MEETING EXISTING AND REASONABLY
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1 FORESEEABLE ENVIRONMENTAL AND OTHER NONCONSUMPTIVE WATER
2 NEEDS;
3 (c) THE INTERRELATIONSHIPS, CONFLICTS, AND COMPATIBILITIES
4 AMONG THE VARIOUS BASINS' IDENTIFIED PLANNING NEEDS AND
5 ALTERNATIVES;
6 (d) ALTERNATIVES THAT COULD BE UTILIZED TO MEET
7 COLORADO'S WATER NEEDS IN ADDITION TO THOSE IDENTIFIED BY THE
8 BASIN PLANNING GROUPS.
9 (3) NO LATER THAN MARCH 1, 2003, THE COLORADO WATER
10 CONSERVATION BOARD AND THE DIVISION OF WATER RESOURCES, AFTER
11 CONSULTATION WITH LOCAL PLANNING GROUPS AND AFTER A PUBLIC
12 HEARING IN EACH RIVER BASIN, SHALL REPORT TO THE GENERAL ASSEMBLY
13 THE RESULTS OF THE BASIN STUDIES AND THE STATE'S EVALUATION OF
14 ALTERNATIVES THAT COULD BE UTILIZED TO MEET IDENTIFIED WATER
15 NEEDS WITH THEIR RECOMMENDATIONS CONCERNING HOW THE STATE CAN
16 ASSIST IN THE IMPLEMENTATION OF IDENTIFIED ALTERNATIVES THAT
17 COULD BE UTILIZED TO MEET COLORADO'S WATER NEEDS.
18 37-60-204. Mitigation requirements. (1) THE COLORADO
19 WATER CONSERVATION BOARD AND THE DIVISION OF WATER RESOURCES
20 SHALL IDENTIFY, IN CONSULTATION WITH THE BASIN PLANNING GROUPS,
21 REGULATORY AUTHORITIES, AND OTHER INTERESTED PARTIES:
22 (a) THE SOCIAL, ECONOMIC, AND ENVIRONMENTAL IMPACTS AND
23 BENEFITS CAUSED BY THE IMPLEMENTATION OF IDENTIFIED WATER SUPPLY
24 ALTERNATIVES; AND
25 (b) POTENTIAL MITIGATION OPTIONS DESIGNED TO ADDRESS SUCH
26 IMPACTS IN A MANNER CONSISTENT WITH IDENTIFIED WATER SUPPLY
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1 NEEDS.
2 (2) ANY WORKS OR FACILITIES PLANNED AND DESIGNED FOR THE
3 EXPORTATION OF WATER FROM ANY BASIN, AS DESCRIBED IN SECTION
4 37-60-202 (1), WHICH IS PROVIDED FINANCIAL ASSISTANCE IN WHOLE OR
5 IN PART PURSUANT TO SECTION 37-60-205, SHALL BE DESIGNED,
6 CONSTRUCTED, AND OPERATED IN SUCH A MANNER THAT:
7 (a) BASED UPON THE NEEDS ASSESSMENT, IF ANY, FOR THAT RIVER
8 BASIN, THE PRESENT APPROPRIATION OF WATER AND PROSPECTIVE
9 BENEFICIAL USES OF WATER WITHIN THE BASIN IN COLORADO FROM WHICH
10 WATER IS EXPORTED WILL NOT BE IMPAIRED NOR INCREASED IN COST AT
11 THE EXPENSE OF THE WATER USERS IN THAT BASIN. THE FACILITIES AND
12 OTHER MEANS FOR ACCOMPLISHMENT OF SUCH PURPOSE SHALL BE
13 INCORPORATED IN AND MADE A PART OF ANY PROJECT PLANNED FOR THE
14 EXPORTATION OF WATER FROM SAID BASIN. ADDITIONALLY, ANY ENTITY
15 THAT HAS COMPLIED WITH SECTION 37-45-118 (1) (b) (II), SHALL HAVE
16 THE RIGHT TO HAVE THE PROVISIONS OF THIS SECTION APPLIED TO A THIRD
17 PARTY FOR ANY SUBSEQUENT EXPORT OF WATER OUTSIDE OF THE ENTITY'S
18 SERVICE AREA. THIS SUBSECTION (2) SHALL NOT APPLY TO ANY WORK OR
19 FACILITY OR PORTION THEREOF THAT DOES NOT RECEIVE FINANCIAL
20 ASSISTANCE PURSUANT TO SECTION 37-60-205.
21 (b) THE WORKS OR FACILITIES ARE SHOWN TO BE NEEDED AFTER AN
22 ANALYSIS OF REASONABLE ALTERNATIVES TO EXPORT OF WATER;
23 (c) THE WORKS OR FACILITIES ARE SHOWN TO BE NEEDED AFTER
24 THE PREPARATION OF AN INTEGRATED WATER SUPPLY AND DEMAND PLAN;
25 AND
26 (d) PRIOR TO PROVIDING FINANCIAL ASSISTANCE IN WHOLE OR IN
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1 PART PURSUANT TO SECTION 37-60-205, THE COLORADO WATER
2 CONSERVATION BOARD SHALL HOLD AT LEAST ONE PUBLIC HEARING IN
3 BOTH THE AREA IN WHICH THE WATER MADE AVAILABLE BY THE WORKS OR
4 FACILITIES WOULD BE USED AND IN THE BASIN FROM WHICH WATER WOULD
5 BE EXPORTED.
6 37-60-205. Water conservation board construction fund -
7 water needs assistance account. (1) THERE IS HEREBY CREATED A
8 SPECIAL ACCOUNT WITHIN THE COLORADO WATER CONSERVATION BOARD
9 CONSTRUCTION FUND, ESTABLISHED PURSUANT TO SECTION 37-60-121, TO
10 BE KNOWN AS THE WATER NEEDS ASSISTANCE ACCOUNT. MONEYS IN THE
11 ACCOUNT SHALL BE APPROPRIATED BY THE GENERAL ASSEMBLY TO THE
12 WATER CONSERVATION BOARD FOR EXPENDITURE FOR MEETING THE
13 DEVELOPMENT COSTS OF ALTERNATIVES IDENTIFIED PURSUANT TO SECTION
14 37-60-203 AND SHALL NOT BE AVAILABLE FOR ANY OTHER PURPOSE. ALL
15 MONEY UNEXPENDED OR UNENCUMBERED IN ANY FISCAL YEAR SHALL
16 REMAIN IN THE ACCOUNT. ALL INTEREST EARNED FROM THE INVESTMENT
17 OF MONEYS IN SAID ACCOUNT SHALL REMAIN IN SAID ACCOUNT AND
18 BECOME A PART THEREOF. ANY TRANSFER FROM THE GENERAL FUND TO
19 THIS ACCOUNT SHALL NOT BE SUBJECT TO THE LIMITATION OF GENERAL
20 FUND APPROPRIATIONS FOUND IN SECTION 24-75-201.1, C.R.S.
21 (2) THE COLORADO WATER CONSERVATION BOARD SHALL MAKE
22 ANNUAL RECOMMENDATIONS TO THE GENERAL ASSEMBLY ON THE USE, IF
23 ANY, OF THE WATER NEEDS ASSISTANCE ACCOUNT. USE OF THIS ACCOUNT
24 SHALL INCLUDE, BUT NOT BE LIMITED TO, DEVELOPMENT OF STORAGE
25 FACILITIES OR IMPLEMENTATION OF OTHER MEASURES, OR PORTIONS
26 THEREOF, IN FULFILLMENT OF SECTION 37-60-204.
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1 37-60-206. Applicability. NOTHING IN THIS PART 2 IS INTENDED,
2 NOR SHALL IT BE CONSTRUED, TO ALTER OR AMEND THE PRIOR
3 APPROPRIATION SYSTEM OF INTRASTATE WATER ALLOCATION AS
4 EMBODIED IN THE COLORADO CONSTITUTION AND STATE STATUTES, OR
5 CREATE MITIGATION REQUIREMENTS EXCEPT AS SUCH MAY ARISE UNDER
6 SECTION 37-60-204. NOTHING IN THIS PART 2 SHALL BE CONSTRUED TO
7 LIMIT THE APPLICABILITY OF ANY STATE OR LOCAL LAW OR BE
8 DETERMINED TO IMPAIR ANY JURISDICTION OF ANY STATE OR LOCAL
9 GOVERNMENT.
10 SECTION 2. Allocation of money - appropriation. (1) For the
11 fiscal year beginning July 1, 1999, there is hereby allocated from the
12 Colorado water conservation board construction fund, to the water needs
13 assistance account created in section 37-60-205, Colorado Revised
14 Statutes, the sum of _________ dollars ($ ), to be used for purposes
15 specified in section 37-60-205, Colorado Revised Statutes.
16 (2) For the fiscal year beginning July 1, 1999, there is hereby
17 transferred from the operational account of the severance tax trust fund,
18 pursuant to section 39-29-109 (1) (a) (II), Colorado Revised Statutes, to
19 the water needs assistance account created in section 37-60-205, Colorado
20 Revised Statutes, the sum of ________ dollars ($ ), for the
21 administrative costs of the basin planning efforts and preparation of
22 reports to the general assembly pursuant to part 2 of article 60 of title 37,
23 Colorado Revised Statutes.
24 (3) In addition to any other appropriation, for the fiscal year
25 beginning July 1, 1999, there is hereby appropriated, to the department of
26 natural resources, for allocation to the Colorado water conservation board
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1 and the division of water resources, out of any moneys in the water needs
2 assistance account, created in section 37-60-205, Colorado Revised
3 Statutes, the sum of ________ dollars ($ ), or so much thereof as may
4 be necessary, to be derived as follows:
5 (a) __________ dollars ($ ) for the administrative costs of the
6 basin planning efforts and preparation of the reports to the general
7 assembly which shall come from moneys transferred to the account from
8 the severance tax trust fund, operational account, pursuant to section
9 39-29-109 (1) (a) (II); and
10 (b) ___________ dollars ($ ) for the purposes of and in
11 accordance with the provisions of this act.
12 SECTION 3. Safety clause. The general assembly hereby finds,
13 determines, and declares that this act is necessary for the immediate
14 preservation of the public peace, health, and safety.