NOTE: The governor signed this measure on 5/24/2012.
      
      
      SENATE BILL 12-009
      
      
      BY SENATOR(S) Hodge, Brophy, Giron, Roberts, Schwartz, White;
      also REPRESENTATIVE(S) Swerdfeger, Baumgardner, Sonnenberg, Vigil,
      Wilson, Brown, Fischer, Labuda, Looper, Massey, Pace, Scott.
      
      
      Concerning the consolidation of cash funds administered by the
           division of water resources, and, in connection therewith,
           making and reducing appropriations.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, add 37-80-111.7 as
      follows:
      
           37-80-111.7.  Water resources cash fund - created - uses.
      (1)  There is hereby created in the state treasury the water
      resources cash fund, referred to in this section as the "fund".
      Revenues credited to the fund and unexpended at the end of each
      fiscal year remain in the fund and do not revert to the general
      fund. All interest derived from the deposit and investment of
      revenues in the fund remain in the fund and do not revert to the
      general fund.
      
           (2)  The state engineer shall collect the following fees and
      transmit them to the state treasurer, who shall credit them to
      the fund, except as specified in paragraph (b) of this subsection (2):
      
           (a)  The state engineer shall set fees by rule for:
      
           (I)  The distribution of data generated, collected, studied,
      and compiled about the water supplies of this state, which fees
      shall reflect the direct and indirect costs of such distribution;
      
           (II)  The sale of publications of the division of water
      resources, which fees shall reflect the direct and indirect costs
      of such publications;
      
           (b)  The state engineer shall collect fees pursuant to
      sections 37-90-105 (3) (a) and (4); 37-90-107 (7) (c) (I) and (7) (d) (I);
      37-90-108 (4) and (6); 37-90-116 (1) (a), (1) (c), (1) (h), and (1) (i);
      37-90-137 (2), (3) (a), and (3) (c); 37-90.5-106; 37-92-305 (17); 37-92-308;
      and 37-92-602 (1) (g) (III) (C), (3) (a), and (5). The treasurer shall
      credit the fees collected pursuant to this paragraph (b) to the
      fund except as specified in section 37-80-111.5 (1) (d) and except
      that, of each fee collected pursuant to the following sections,
      the treasurer shall credit the following amounts to the general
      fund:
      
           (I)  Section 37-90-107 (7) (c) (I) and (7) (d) (I) and section
      37-90-116 (1) (a), (1) (h), and (1) (i), thirty dollars;
      
           (II)  Section 37-90-137 (2) and (3) (a) (I) and section 37-92-602
      (3) (a) for wells applied for pursuant to section 37-92-602 (3) (b),
      twenty-five dollars;
      
           (III)  Section 37-90-116 (1) (c), ten dollars; and
      
           (IV)  Section 37-90-105 (3) (a) and (4) (a) and section 37-92-602
      (3) (a) for wells applied for pursuant to section 37-92-602 (3) (c)
      and (5), five dollars.
      
           (3)  The state engineer may expend moneys in the fund,
      subject to appropriation by the general assembly, for the purposes
      specified in the sections listed in the introductory portion to
      paragraph (b) of subsection (2) of this section and for the
      following purposes:
      
           (a)  Developing an automated well permit processing system
      that will expedite the issuance of well permits, creating and
      maintaining a ground water information management system,
      establishing a ground water data network, establishing ground
      water recharge programs, conducting ground water
      investigations, monitoring compliance with rooftop precipitation
      capture laws and permits pursuant to section 37-92-602 (1) (g), the
      administration of rotational crop management contracts, and for
      other groundwater-related activities that are deemed necessary
      by the state engineer in performing statutory duties, subject to
      appropriation by the general assembly. The office of the state
      engineer shall make data in the ground water data network
      available to the public as expeditiously as possible.
      
           (b)  Paying for publications made pursuant to section
      37-90-116 (1) (f) to process final permits pursuant to section
      37-90-108;
      
           (c)  Reviewing applications for approval of a plan for
      augmentation or a plan of substitute supply pursuant to section
      37-90-137 (11) (f);
      
           (d)  Investigating and conducting enforcement of violations
      of orders issued by the state engineer or the ground water
      commission for the illegal withdrawal of designated ground
      water, including costs associated with the implementation of
      section 37-90-111.5;
      
           (e)  Reviewing engineering reports, field inspections, and
      administering rotational crop management contracts pursuant to
      section 37-92-305 (17);
      
           (f)  Publishing and administrative costs incurred in
      processing applications and renewals and administering substitute
      water supply plans pursuant to section 37-92-308;
      
           (g)  Publishing and administrative costs incurred in
      processing applications, reviewing engineering reports, and
      administering interruptible water supply agreements pursuant to
      section 37-92-309; and
      
           (h)  Funding the operations and administration of the
      division based on ongoing priorities of the division.
      
           SECTION 2.  In Colorado Revised Statutes, 37-80-111.5, amend
      (1) (d); and repeal (1) (a), (1) (b), and (2) as follows:
      
           37-80-111.5.  Fees - satellite monitoring system cash fund - well
      inspection cash fund - created. (1) (a)  The state engineer shall set and
      collect fees by rule and regulation for the distribution of data generated,
      collected, studied, and compiled about the water supplies of this state,
      which fees shall reflect the direct and indirect costs of such distribution. All
      such fees collected by the state engineer shall be transmitted to the state
      treasurer, who shall credit the same to the water data bank cash fund, which
      fund is hereby created. Moneys in the water data bank cash fund may be
      expended by the state engineer for the purposes of this paragraph (a),
      subject to appropriation by the general assembly.
      
           (b)  The state engineer shall set and collect fees by rule and
      regulation for the sale of publications of the division of water resources,
      which fees shall reflect the direct and indirect costs of such publications.
      All such fees collected by the state engineer shall be transmitted to the state
      treasurer, who shall credit the same to the division of water resources
      publication cash fund, which fund is hereby created. Moneys in the
      publication cash fund may be expended by the state engineer for the
      purposes of this paragraph (b), subject to appropriation by the general
      assembly.
      
           (d)  The state engineer shall collect fees pursuant to sections
      37-90-105 (3) (a), (3) (e), and (4), 37-90-107 (7) (c) (I) and (7) (d) (I),
      37-90-108 (4) and (6), 37-90-116 (1) (a), (1) (c), (1) (h), and (1) (i),
      37-90-137 (2), (3) (a), and (3) (c), 37-90.5-106, 37-92-305 (17), 37-92-308,
      and 37-92-602 (1) (g) (III) (C), (3) (a), (3) (d), and (5). All such fees shall
      be transmitted to the state treasurer, who shall credit the same to the
      division of water resources ground water management cash fund, which is
      hereby created; except that, of each fee collected pursuant to section
      37-90-107 (7) (c) (I) and (7) (d) (I) and section 37-90-116 (1) (a), (1) (h),
      and (1) (i), thirty dollars shall be credited to the general fund; of each fee
      collected pursuant to section 37-90-137 (2), (3) (a) (I), and (3) (a) (II) and
      section 37-92-602 (3) (a) for wells applied for pursuant to section
      37-92-602 (3) (b), twenty-five dollars shall be credited to the general fund;
      of each fee collected pursuant to section 37-90-116 (1) (c), ten dollars shall
      be credited to the general fund; of each fee collected pursuant to section
      37-90-105 (3) (a) and (4) (a) and section 37-92-602 (3) (a) for wells applied
      for pursuant to section 37-92-602 (3) (c) and (5), five dollars shall be
      credited to the general fund; and except that, Of each fee collected pursuant
      to sections 37-90-105 (3) (a) (I) and (4) (a), 37-90-107 (7) (d) (I), 37-90-116
      (1) (a), (1) (c), and (1) (h), 37-90-137 (2) (a), and 37-92-602 (3) (a) and (5),
      forty dollars shall be credited to the well inspection cash fund, which fund
      is hereby created. Moneys in the well inspection cash fund shall be
      appropriated to and expended by the state engineer for the purposes
      established in section 37-91-113. Any moneys credited to the well
      inspection cash fund and unexpended at the end of any given fiscal year
      shall remain in the fund and shall do not revert to the general fund. All
      interest derived from the deposit and investment of this fund shall remain
      in the fund and shall do not revert to the general fund. Moneys in the
      ground water management cash fund shall be expended by the state
      engineer for the purposes of developing an automated well permit
      processing system that will expedite the issuance of well permits, creating
      and maintaining a ground water information management system,
      establishing a ground water data network, establishing ground water
      recharge programs, conducting ground water investigations, monitoring
      compliance with rooftop precipitation capture laws and permits pursuant to
      section 37-92-602 (1) (g), the administration of rotational crop management
      contracts, and for other groundwater-related activities that are deemed
      necessary by the state engineer in performing statutory duties, subject to
      appropriation by the general assembly. Data in the ground water data
      network shall be made available to the public by the office of the state
      engineer as expeditiously as possible.
      
           (2)  All moneys deposited in the water data bank cash fund, the
      division of water resources publication cash fund, the satellite monitoring
      system cash fund, or the division of water resources ground water
      management cash fund pursuant to subsection (1) of this section, together
      with any interest earned thereon, shall be deposited in the cash fund as
      provided in this section.
      
           SECTION 3.  In Colorado Revised Statutes, 37-90-116, amend (1)
      (f) as follows:
      
           37-90-116.  Fees. (1)  The state engineer or the commission shall
      collect the following fees:
      
           (f)  The actual expenses of publication, if any is required, which
      sums shall be promptly billed to the applicant and paid prior to the approval
      of any permit or other application, unless the commission requires the
      applicant to pay these expenses directly to the newspaper, and the applicant
      provides a proof of such payment to the commission. except that, when a
      publication is made to process final permits pursuant to section 37-90-108,
      such publication expenses shall be paid by the state engineer from the
      division of water resources ground water management cash fund created
      pursuant to section 37-80-111.5 (1) (d). All such fees for publication
      expenses collected by the state engineer or by the commission shall be
      transmitted to the state treasurer, who shall credit the same them to the
      ground water publication fund, which fund is hereby created. All moneys
      in the ground water publication fund are hereby continuously appropriated
      to the division of water resources for the actual expenses of publications.
      The moneys in the ground water publication fund shall not be credited or
      transferred to the general fund or to any other fund of the state resources
      cash fund created in section 37-80-111.7 (1).
      
           SECTION 4.  In Colorado Revised Statutes, 37-90-137, amend (11)
      (f) as follows:
      
           37-90-137.  Permits to construct wells outside designated basins
      - fees - permit no ground water right - evidence - time limitation - well
      permits - rules - repeal. (11) (f)  Excluding the well permit filing fee
      required by subsection (2) of this section, the state treasurer shall
      credit all fees collected with an application for approval of a plan for
      augmentation or a plan of substitute supply shall be credited to the gravel
      pit lakes augmentation water resources cash fund which fund is hereby
      created and shall be used by the state engineer for the implementation and
      enforcement of the water augmentation program. The general assembly
      shall make annual appropriations from the gravel pit lakes augmentation
      fund for such purposes, and no moneys from the general fund shall be
      expended or appropriated for such purposes in section 37-80-111.7 (1).
      
           SECTION 5.  In Colorado Revised Statutes, 37-90-111.5, amend
      (5) (b) as follows:
      
           37-90-111.5.  Well enforcement - injunction - fines. (5) (b)  A fine
      The state engineer shall transmit all fines collected for violations of
      paragraph (a) of this subsection (5) shall be transmitted to the state
      treasurer, who shall deposit it them in the well enforcement water
      resources cash fund which fund is hereby created in the state treasury. All
      moneys credited to the fund and unexpended at the end of any given fiscal
      year shall remain in the fund and shall not revert to the general fund. All
      interest earned on the investment of moneys in the fund shall be credited to
      the fund. Moneys in the fund shall be appropriated solely to the division of
      water resources for costs associated with the investigation and enforcement
      of violations of orders issued by the state engineer or the commission for
      the illegal withdrawal of designated ground water, including costs
      associated with the implementation of this section 37-80-111.7 (1).
      
           SECTION 6.  In Colorado Revised Statutes, 37-83-105, amend (2)
      (b) (I) introductory portion as follows:
      
           37-83-105.  Owner may loan agricultural water right - loans to
      Colorado water conservation board for instream flows. (2) (b)  In
      determining whether injury will occur, the division engineer shall ensure
      that the following conditions are met:
      
           (I)  The proponent has filed a request for approval of the loan with
      the division engineer, together with a filing fee in the amount of one
      hundred dollars. Moneys from the fee shall be transmitted to the state
      treasurer and deposited in the ground water management resources cash
      fund created in section 37-80-111.5 37-80-111.7 (1). The request for
      approval shall include:
      
           SECTION 7.  In Colorado Revised Statutes, 37-90-107, amend (6)
      (e) as follows:
      
           37-90-107.  Application for use of ground water - publication of
      notice - conditional permit - hearing on objections - well permits.
      (6) (e)  Excluding the well permit filing fee required by section 37-90-116
      (2), the state treasurer shall credit all fees collected with a
      replacement plan shall be credited to the gravel pit lakes augmentation
      water resources cash fund which fund is created in section 37-90-137
      (11) (f) 37-80-111.7 (1).
      
           SECTION 8.  In Colorado Revised Statutes, 37-92-305, amend (17)
      (b) as follows:
      
           37-92-305.  Standards with respect to rulings of the referee and
      decisions of the water judge. (17) (b)  The fees shall be used by the state
      engineer for the review of the engineering reports, field inspections, and the
      administration of the rotational crop management contract. The state
      engineer shall transmit such the fees to the state treasurer, who shall
      deposit them in the division of water resources ground water management
      cash fund created in section 37-80-111.5 37-80-111.7 (1).
      
           SECTION 9.  In Colorado Revised Statutes, 37-92-308, amend (8)
      as follows:
      
           37-92-308.  Substitute water supply plans - special procedures
      for review - water adjudication cash fund - legislative declaration -
      repeal. (8)  After July 1, 2002, water users requesting approval of a new
      plan or a substitute water supply plan pursuant to this section shall pay a fee
      of three hundred dollars. The fees shall be used by the state engineer for the
      publishing and administrative costs for processing applications and
      renewals and administering plans. Such fees shall be deposited The state
      engineer shall collect the fees and transmit them to the state
      treasurer, who shall deposit them in the ground water management
      resources cash fund pursuant to created in section 37-80-111.5
      37-80-111.7 (1).
      
           SECTION 10.  In Colorado Revised Statutes, 37-92-309, amend (5)
      as follows:
      
           37-92-309.  Interruptible water supply agreements - special
      review procedures - rules - water adjudication cash fund - legislative
      declaration. (5)  Applicants for approval of an interruptible water supply
      agreement pursuant to this section shall pay a fee established by the state
      engineer, pursuant to rules promulgated by the state engineer. The fees shall
      be used by the state engineer for the publishing and administrative costs for
      processing the applications, the review of the engineering reports, and the
      administration of the interruptible water supply agreements. The state
      engineer shall collect the fees and transmit such fees them to the state
      treasurer, who shall deposit them in the ground water management
      resources cash fund created pursuant to in section 37-80-111.5
      37-80-111.7 (1).
      
           SECTION 11.  In Colorado Revised Statutes, 37-92-602, amend (1)
      introductory portion and (1) (g) (V) (C) as follows:
      
           37-92-602.  Exemptions - presumptions - legislative declaration.
      (1)  The provisions of This article, except for sections 37-92-201 and
      37-92-202, shall does not be applicable apply to:
      
           (g) (V) (C)  Any person who violates an order issued by the state
      engineer pursuant to sub-subparagraph (A) of this subparagraph (V) shall
      forfeit and pay a sum not to exceed five hundred dollars for each violation.
      Any fine collected for violations of this paragraph (g) shall be transmitted
      to the state treasurer, who shall credit the same to the division of water
      resources ground water management cash fund created in section
      37-80-111.5 (1) (d) 37-80-111.7 (1).
      
           SECTION 12.  Appropriation - adjustments in 2012 long bill.
      (1)  For the implementation of this act, appropriations made in the annual
      general appropriation act to the department of natural resources for the
      fiscal year beginning July 1, 2012, are adjusted as follows:
      
           (a)  The cash funds appropriation for the division of water resources
      is reduced by $716,434. Of this amount, $597,810 is from the division of
      water resources ground water management cash fund created in section
      37-80-111.5 (1) (d), Colorado Revised Statutes, $44,400 is from the gravel
      pit lakes augmentation fund created in section 37-90-137 (11) (f), Colorado
      Revised Statutes, $1,489 is from the well enforcement cash fund created in
      section 37-90-111.5 (5) (b), Colorado Revised Statutes, and $72,735 is from
      various sources of cash funds.
      
           (b)  The cash funds appropriation for the division of water resources
      is increased by $716,434. Said sum is from the water resources cash fund
      created in section 37-80-111.7 (1), Colorado Revised Statutes.
      
           SECTION 13.  Effective date - applicability. This act shall take
      effect July 1, 2012, and shall apply to revenues credited on or after said
      date.
      
           SECTION 14.  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.
      
      
      
      
      ____________________________  ____________________________
      Brandon C. Shaffer                      Frank McNulty
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Cindi L. Markwell                      Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO