HOUSE BILL 22-1316
BY REPRESENTATIVE(S) McCormick and Catlin, Amabile, Bacon,
Benavidez, Bernett, Bird, Bockenfeld, Boesenecker, Caraveo, Carver,
Esgar, Exum, Geitner, Gray, Holtorf, Hooton, Jodeh, Kennedy, Kipp,
Lindsay, Lontine, Lynch, McCluskie, McKean, Michaelson Jenet, Pico,
Roberts, Soper, Titone, Valdez D., Van Beber, Weissman, Will, Young,
Garnett;
also SENATOR(S) Donovan and Simpson, Bridges, Coram, Gardner,
Gonzales, Hinrichsen, Jaquez Lewis, Lee, Lundeen, Pettersen, Rankin,
Sonnenberg, Story, Winter, Fenberg.
C
ONCERNING THE FUNDING OF COLORADO WATER CONSERVATION BOARD
PROJECTS
, AND, IN CONNECTION THEREWITH , MAKING AN
APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Continuation of the satellite monitoring system -
operation and maintenance - appropriation. (1) For the 2022-23 state
fiscal year, $380,000 is appropriated to the department of natural resources
for use by the division of water resources. This appropriation is from the
Colorado water conservation board construction fund created in section
37-60-121, C.R.S. To implement this section, the division of water
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. resources may use this appropriation for renovation of existing gauging
stations; replacement of outdated collection platforms; lysimeter support,
data collection, and maintenance; upgrading of transmission components of
the satellite monitoring system established and operated pursuant to section
37-80-102 (10), C.R.S.; stream gauge flood hardening projects; and data
collection efforts related to flood forecasting and warning.
(2) The money appropriated in subsection (1) of this section remains
available for the designated purposes until it is fully expended.
SECTION 2. Continuation of the Colorado floodplain map
modernization program - appropriation. (1) For the 2022-23 state fiscal
year, $500,000 is appropriated to the department of natural resources for use
by the Colorado water conservation board. This appropriation is from the
Colorado water conservation board construction fund created in section
37-60-121, C.R.S. To implement this section, the Colorado water
conservation board may use this appropriation to continue to assist with the
preparation of revised and improved floodplain studies and maps for
communities throughout Colorado and participate in federally sponsored
floodplain map modernization activities.
(2) The money appropriated in subsection (1) of this section remains
available for the designated purposes until it is fully expended.
SECTION 3. Continuation of the weather modification
permitting program - appropriation. (1) For the 2022-23 state fiscal
year, $350,000 is appropriated to the department of natural resources for use
by the Colorado water conservation board. This appropriation is from the
Colorado water conservation board construction fund created in section
37-60-121, C.R.S. To implement this section, the Colorado water
conservation board may use this appropriation to continue to assist water
conservation districts, water conservancy districts, and other water
providers and their fiscal agents with the development of cloud seeding
programs that provide benefits to recreation, streams, and reservoirs through
snowpack enhancement.
(2) The money appropriated in subsection (1) of this section remains
available for the designated purposes until it is fully expended.
SECTION 4. Continuation of technical assistance for federal
PAGE 2-HOUSE BILL 22-1316 cost-share programs - appropriation. (1) For the 2022-23 state fiscal
year, $300,000 is appropriated to the department of natural resources for use
by the Colorado water conservation board. This appropriation is from the
Colorado water conservation board construction fund created in section
37-60-121, C.R.S. To implement this section, the Colorado water
conservation board may use this appropriation to continue to provide
technical assistance for applicants seeking competitive grants from federal
water infrastructure, quality, and delivery programs, such as the United
States department of agriculture's regional conservation partnership
program, the Colorado river basin salinity control program, and the
Gunnison selenium management program.
(2) The money appropriated in subsection (1) of this section remains
available for the designated purposes until it is fully expended.
SECTION 5. Restoration of litigation fund cash balance -
transfer. On July 1, 2022, the state treasurer shall transfer the sum of
$2,000,000, or so much thereof as may be necessary to restore the balance
of the litigation fund to $2,000,000, from the unreserved cash in the
Colorado water conservation board construction fund created in section
37-60-121, C.R.S., to the litigation fund created in section 37-60-121 (2.5),
C.R.S., to assist in addressing legal issues associated with compact
compliance or any other litigation activities as specified under section
37-60-121, C.R.S.
SECTION 6. Continuation of the Arkansas river decision
support system - appropriation. (1) For the 2022-23 state fiscal year,
$500,000 is appropriated to the department of natural resources for use by
the Colorado water conservation board. This appropriation is from the
Colorado water conservation board construction fund created in section
37-60-121, C.R.S. To implement this section, the Colorado water
conservation board may use this appropriation to continue implementation
of the Arkansas river decision support system (ArkDSS), as identified in the
ArkDSS feasibility study completed in December 2011.
(2) The money appropriated in subsection (1) of this section remains
available for the designated purposes until the ArkDSS is completed.
SECTION 7. Continuation of the Colorado Mesonet project -
appropriation. (1) For the 2022-23 state fiscal year, $150,000 is
PAGE 3-HOUSE BILL 22-1316 appropriated to the department of natural resources for use by the Colorado
water conservation board. This appropriation is from the Colorado water
conservation board construction fund created in section 37-60-121, C.R.S.
To implement this section, the Colorado water conservation board may use
this appropriation to support the Colorado Mesonet, including for the
following activities: Operation, maintenance, travel, communications, and
database and website management for temperature and precipitation
stations.
(2) The money appropriated in subsection (1) of this section remains
available for the designated purposes until it is fully expended.
SECTION 8. Continuation of the water forecasting partnership
project - appropriation. (1) For the 2022-23 state fiscal year, $450,000
is appropriated to the department of natural resources for use by the
Colorado water conservation board. This appropriation is from the Colorado
water conservation board construction fund created in section 37-60-121,
C.R.S. To implement this section, the Colorado water conservation board
may use this appropriation to support the development of new ground and
aerial remote sensing data and equipment and hydrologic modeling, to
provide reliable volumetric water supply forecasting, and to provide better
characterization of snowpack.
(2) The money appropriated in subsection (1) of this section remains
available for the designated purposes until it is fully expended.
SECTION 9. Modeling and data analyses for the upper
Colorado river commission - appropriation. (1) For the 2022-23 state
fiscal year, $200,000 is appropriated to the department of natural resources
for use by the Colorado water conservation board. This appropriation is
from the Colorado water conservation board construction fund created in
section 37-60-121, C.R.S. To implement this section, the Colorado water
conservation board may use this appropriation to provide support to the
upper Colorado river commission's interstate planning and negotiation
efforts, including the following modeling and data analyses: Streamgaging
and streamflow, runoff forecasting, consumptive use, reservoir operations
and evaporation, and drought contingency planning.
(2) The money appropriated in subsection (1) of this section remains
available for the designated purposes until it is fully expended.
PAGE 4-HOUSE BILL 22-1316 SECTION 10. Grant-making for projects that assist in
implementing the state water plan - transfer. On July 1, 2022, the state
treasurer shall transfer the sum of $1,000,000 from the unreserved cash in
the Colorado water conservation board construction fund created in section
37-60-121, C.R.S., to the water plan implementation cash fund created in
section 37-60-123.3 (1)(a), C.R.S.
SECTION 11. Reservoir enlargement assessment project -
appropriation. (1) For the 2022-23 state fiscal year, $250,000 is
appropriated to the department of natural resources for use by the division
of water resources. This appropriation is from the Colorado water
conservation board construction fund created in section 37-60-121, C.R.S.
To implement this section, the division of water resources may use this
appropriation to conduct comprehensive dam safety evaluations on existing
dams that have a potential consideration for enlargement.
(2) The money appropriated in subsection (1) of this section remains
available for the designated purposes until it is fully expended.
SECTION 12. Platte river recovery implementation program -
appropriation. (1) For the 2022-23 state fiscal year, $3,800,000 is
appropriated to the department of natural resources for use by the Colorado
water conservation board. This appropriation is from the Colorado water
conservation board construction fund created in section 37-60-121, C.R.S.
To implement this section, the Colorado water conservation board may use
this appropriation to support the Platte river recovery implementation
program, which implements certain aspects of the United States fish and
wildlife service's recovery plans for the whooping crane, pallid sturgeon,
and piping plover and provides compliance with the "Endangered Species
Act of 1973", 16 U.S.C. sec. 1531, et seq., as amended, for Colorado water
projects.
(2) The money appropriated in subsection (1) of this section remains
available for the designated purposes until it is fully expended.
SECTION 13. Republican river matters - appropriation. (1) For
the 2022-23 state fiscal year, $2,000,000 is appropriated to the department
of natural resources for use by the Colorado water conservation board. This
appropriation is from the Colorado water conservation board construction
fund created in section 37-60-121, C.R.S. To implement this section, the
PAGE 5-HOUSE BILL 22-1316 Colorado water conservation board may use this appropriation for
Republican river matters, including providing matching cash incentives to
producers to reduce irrigation and facilitate land retirement within the south
fork of the Republican river and assist the Republican river water
conservation district in meeting compact compliance obligations pursuant
to the Republican river compact.
(2) The money appropriated in subsection (1) of this section remains
available for the designated purposes until it is fully expended.
SECTION 14. Goose Pasture Tarn Dam project loan
authorization. (1) The Colorado water conservation board is authorized
to loan up to $13,130,000 from the Colorado water conservation board
construction fund created in section 37-60-121, C.R.S., to the town of
Breckenridge to rehabilitate the Goose Pasture Tarn dam, which is located
on the Blue river and supplies water to the town of Breckenridge.
(2) The money authorized in subsection (1) of this section remains
available for the designated purposes until it is fully expended.
(3) The Colorado water conservation board may make a loan for the
construction of the project specified in subsection (1) of this section from
such money as is or may become available to the Colorado water
conservation board construction fund. The loan must be in the amount 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 or as
may be justified by reason of change in the plans for the project due to
differing or unforeseen site conditions, errors or omissions in the plans and
specifications, changes instituted by regulatory agencies, or changes in
material quantities beyond contract limits.
(4) Pursuant to section 37-60-120 (1), C.R.S., the Colorado water
conservation board shall require such terms and conditions in the loan
contract as will ensure repayment of money made available by it. The board
shall not disburse any money for a loan authorized by subsection (1) of this
section unless and until it is satisfied, in its sole discretion, that the recipient
of the loan will be able to make repayment pursuant to the terms and
conditions established by the board.
SECTION 15. Grant-making for projects that assist in
PAGE 6-HOUSE BILL 22-1316 implementing the state water plan - appropriation. (1) For the 2022-23
state fiscal year, $8,200,000 is appropriated to the department of natural
resources for use by the Colorado water conservation board. This
appropriation is from the water plan implementation cash fund created in
section 37-60-123.3 (1)(a), C.R.S. To implement this section, the Colorado
water conservation board may use this appropriation for grant-making for
projects that assist in the implementation of the state water plan pursuant to
section 37-60-106.3 (6), C.R.S., through the Colorado water conservation
board's application and guidelines process.
(2) The money appropriated in subsection (1) of this section remains
available for the designated purposes until it is fully expended.
PAGE 7-HOUSE BILL 22-1316 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, or safety.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 8-HOUSE BILL 22-1316