Colorado 2022 Regular Session

Colorado Senate Bill SB114 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-third General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 22-0535.01 Richard Sweetman x4333
1	8		SENATE BILL 22-114
2		-	~~BY SENATOR(S) Hisey and Story, Danielson, Priola, Rodriguez;~~
3		-	~~also REPRESENTATIVE(S) Roberts and Catlin~~, ~~McCluskie~~, ~~Pico, Bernett,~~
4		-	~~Bird, Boesenecker, Carver, Esgar, Exum, Herod, Hooton, Jodeh, Lindsay,~~
5		-	~~Lynch, McCormick,~~ ~~Michaelson Jenet,~~ ~~Mullica, Snyder, Titone, Woodrow.~~
	9	+	Senate Committees House Committees
	10	+	Agriculture & Natural Resources Agriculture, Livestock, & Water
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
6	13		C
7		-	ONCERNING FIRE SUPPRESSION PONDS , AND, IN CONNECTION THEREWITH,
8		-	MAKING AN APPROPRIATION.
9		-
10		-	Be it enacted by the General Assembly of the State of Colorado:
11		-	SECTION 1. Legislative declaration. (1) The general assembly
12		-	finds that:
13		-	(a) Colorado is facing a wildfire crisis;
14		-	(b) In 2020, Colorado experienced three of the largest wildfires in
15		-	its history, and in 2021, the Marshall fire broke yet another record,
16		-	becoming the most destructive fire in Colorado history by burning more
17		-	than one thousand homes worth five hundred million dollars in total;
18		-	(c) These four recent and catastrophic wildfires burned more than
19		-	six hundred thousand acres, causing significant devastation and property
20		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
21		-	officers and the Governor. To determine whether the Governor has signed the bill
22		-	or taken other action on it, please consult the legislative status sheet, the legislative
23		-	history, or the Session Laws.
24		-	________
25		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
26		-	through words or numbers indicate deletions from existing law and such material is not part of
27		-	the act. loss;
28		-	(d) The Colorado state forest service and the front range watershed
29		-	wildfire protection working group have found that high-severity fires can
30		-	significantly impact water quality and watershed conditions;
31		-	(e) Recent fires have tended to be much larger and more severe than
32		-	those in the past, and as such, have severely damaged soils and watersheds,
33		-	leading to heavy erosion and sediment damage in streams; and
34		-	(f) Functional watersheds are vital for water quality and healthy
35		-	ecosystems and to protect water resources from post-fire flood damage.
36		-	(2) The general assembly also finds that:
37		-	(a) More resources are needed for wildfire mitigation to reduce fire
38		-	risk and to keep fires from becoming large and catastrophic;
39		-	(b) Although Colorado is committed to taking meaningful action to
40		-	mitigate wildfires, several remote areas in the state lack sufficient resources
41		-	to suppress fires without external support;
42		-	(c) In emergency situations, rapid action is vital and any delay
43		-	increases the risk of a fire becoming catastrophic;
44		-	(d) In the past, the general assembly has recognized the need to use
45		-	available water resources in a fire event and has authorized the emergency
46		-	use of wells for firefighting purposes;
47		-	(e) Using water resources to fight fires in emergencies is in the
48		-	public interest and may be critical in protecting life, property, and
49		-	infrastructure;
50		-	(f) When water is not available in close proximity, firefighters may
51		-	also rely on nearby ponds to fill fire trucks and suppress fires as quickly as
52		-	possible;
53		-	(g) Existing ponds in Colorado have proven to be critical fire
54		-	suppression resources, particularly in remote areas that are not equipped
55		-	with other fire suppression resources such as fire hydrants;
56		-	PAGE 2-SENATE BILL 22-114 (h) The state engineer may order ponds to be drained or backfilled
57		-	if they are found to deplete streams out of priority;
58		-	(i) Some ponds that are subject to drainage may be critical
59		-	firefighting resources for remote, high-risk areas of Colorado, and if such
60		-	ponds are drained, firefighters could be left ill-equipped to respond to and
61		-	suppress fires;
62		-	(j) A process is necessary to preserve ponds that are deemed critical
63		-	for firefighting purposes; and
64		-	(k) Preserving fire suppression ponds will help:
65		-	(I) Ensure resources are available to help keep communities safe in
66		-	the event of structure fires, grassland fires, and other fire emergencies; and
67		-	(II) Keep fires from becoming large and thereby protect lives,
68		-	homes, critical watersheds, water supply assets, infrastructure, and key
69		-	ecological and wildlife resources.
70		-	(3) Therefore, the general assembly declares that it is in the public
71		-	interest to create a process to identify, designate, and preserve critical fire
72		-	suppression ponds.
73		-	SECTION 2. In Colorado Revised Statutes, add 37-82-107 as
74		-	follows:
75		-	37-82-107. Fire suppression ponds - legislative declaration -
76		-	needs assessment - notice of consideration required - restriction on
	14	+	ONCERNING FIRE SUPPRESSION PONDS , AND, IN CONNECTION
	15	+	101
	16	+	THEREWITH, MAKING AN APPROPRIATION.102
	17	+	Bill Summary
	18	+	(Note: This summary applies to this bill as introduced and does
	19	+	not reflect any amendments that may be subsequently adopted. If this bill
	20	+	passes third reading in the house of introduction, a bill summary that
	21	+	applies to the reengrossed version of this bill will be available at
	22	+	http://leg.colorado.gov
	23	+	.)
	24	+	Section 1 of the bill makes legislative findings and declarations.
	25	+	Section 2 allows a board of county commissioners (board) to apply to the
	26	+	state engineer for the designation of a pond as a fire suppression pond.
	27	+	The director of the division of fire prevention and control (director) in the
	28	+	department of public safety is required to promulgate rules to establish
	29	+	criteria for boards, in consultation with fire protection districts, to use to
	30	+	HOUSE
	31	+	3rd Reading Unamended
	32	+	May 10, 2022
	33	+	HOUSE
	34	+	Amended 2nd Reading
	35	+	May 3, 2022
	36	+	SENATE
	37	+	Amended 3rd Reading
	38	+	April 1, 2022
	39	+	SENATE
	40	+	Amended 2nd Reading
	41	+	March 30, 2022
	42	+	SENATE SPONSORSHIP
	43	+	Hisey and Story, Danielson, Rodriguez
	44	+	HOUSE SPONSORSHIP
	45	+	Roberts and Catlin, McCluskie, Pico, Bernett, Bird, Boesenecker, Carver, Esgar, Exum,
	46	+	Herod, Hooton, Jodeh, Lindsay, Lynch, McCormick, Michaelson Jenet, Mullica, Snyder,
	47	+	Titone, Woodrow
	48	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	49	+	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
	50	+	Dashes through the words indicate deletions from existing statute. identify and evaluate potential fire suppression ponds. For each pond that
	51	+	is identified and under consideration as a potential fire suppression pond,
	52	+	a board must provide notice of such fact to the state engineer and to
	53	+	interested parties included in the substitute water supply plan notification
	54	+	list established for the water division in which the pond is located.
	55	+	Section 2 also prohibits the state engineer from draining any pond:
	56	+	! While the pond is under consideration for designation as a
	57	+	fire suppression pond;
	58	+	! If the state engineer has designated the pond as a fire
	59	+	suppression pond; or
	60	+	! On and after the effective date of the bill, and until the date
	61	+	upon which the director promulgates rules, with
	62	+	exceptions.
	63	+	Section 2 also states that a fire suppression pond and the water
	64	+	associated with it:
	65	+	! Are not considered a water right;
	66	+	! Do not have a priority for the purpose of determining water
	67	+	rights; and
	68	+	! May not be adjudicated as a water right.
	69	+	Section 3 requires the state engineer to review applications
	70	+	received from boards and, at the state engineer's discretion, designate
	71	+	ponds as fire suppression ponds. An application is presumed to be
	72	+	approved if the state engineer does not respond to the application within
	73	+	63 days after the application is received by the state engineer. The state
	74	+	engineer may not designate any pond as a fire suppression pond unless the
	75	+	pond existed as of January 1, 1975.
	76	+	Section 3 also allows the state engineer to impose reasonable
	77	+	requirements on a board as a condition of designating a pond as a fire
	78	+	suppression pond and requires a board and a fire protection district to
	79	+	inspect a fire suppression pond at least annually.
	80	+	The designation of a pond as a fire suppression pond expires 20
	81	+	years after the date of the designation. Before the expiration, the board
	82	+	and the fire protection district must perform a needs assessment of the
	83	+	pond. If the needs assessment demonstrates that the pond is in compliance
	84	+	with criteria established in the director's rules, the board and fire
	85	+	protection district shall notify the state engineer of such fact, and the state
	86	+	engineer shall redesignate the pond as a fire suppression pond. If the
	87	+	needs assessment demonstrates that the pond is not in compliance with
	88	+	the criteria, the board and fire protection district may either:
	89	+	! Notify the state engineer that the designation of the pond as
	90	+	a fire suppression pond should be rescinded or allowed to
	91	+	expire; or
	92	+	! Provide to the state engineer a plan and a timeline for
	93	+	bringing the pond back into compliance with such criteria.
	94	+	Section 4 states that the designation of fire suppression ponds by
	95	+	114
	96	+	-2- the state engineer does not cause material injury to vested water rights.
	97	+	Be it enacted by the General Assembly of the State of Colorado:1
	98	+	SECTION 1. Legislative declaration. (1) The general assembly2
	99	+	finds that:3
	100	+	(a) Colorado is facing a wildfire crisis;4
	101	+	(b) In 2020, Colorado experienced three of the largest wildfires5
	102	+	in its history, and in 2021, the Marshall fire broke yet another record,6
	103	+	becoming the most destructive fire in Colorado history by burning more7
	104	+	than one thousand homes worth five hundred million dollars in total;8
	105	+	(c) These four recent and catastrophic wildfires burned more than9
	106	+	six hundred thousand acres, causing significant devastation and property10
	107	+	loss;11
	108	+	(d) The Colorado state forest service and the front range12
	109	+	watershed wildfire protection working group have found that13
	110	+	high-severity fires can significantly impact water quality and watershed14
	111	+	conditions;15
	112	+	(e) Recent fires have tended to be much larger and more severe16
	113	+	than those in the past, and as such, have severely damaged soils and17
	114	+	watersheds, leading to heavy erosion and sediment damage in streams;18
	115	+	and19
	116	+	(f) Functional watersheds are vital for water quality and healthy20
	117	+	ecosystems and to protect water resources from post-fire flood damage.21
	118	+	(2) The general assembly also finds that:22
	119	+	(a) More resources are needed for wildfire mitigation to reduce23
	120	+	fire risk and to keep fires from becoming large and catastrophic;24
	121	+	(b) Although Colorado is committed to taking meaningful action25
	122	+	114-3- to mitigate wildfires, several remote areas in the state lack sufficient1
	123	+	resources to suppress fires without external support;2
	124	+	(c) In emergency situations, rapid action is vital and any delay3
	125	+	increases the risk of a fire becoming catastrophic;4
	126	+	(d) In the past, the general assembly has recognized the need to5
	127	+	use available water resources in a fire event and has authorized the6
	128	+	emergency use of wells for firefighting purposes;7
	129	+	(e) Using water resources to fight fires in emergencies is in the8
	130	+	public interest and may be critical in protecting life, property, and9
	131	+	infrastructure;10
	132	+	(f) When water is not available in close proximity, firefighters11
	133	+	may also rely on nearby ponds to fill fire trucks and suppress fires as12
	134	+	quickly as possible;13
	135	+	(g) Existing ponds in Colorado have proven to be critical fire14
	136	+	suppression resources, particularly in remote areas that are not equipped15
	137	+	with other fire suppression resources such as fire hydrants;16
	138	+	(h) The state engineer may order ponds to be drained or backfilled17
	139	+	if they are found to deplete streams out of priority;18
	140	+	(i) Some ponds that are subject to drainage may be critical19
	141	+	firefighting resources for remote, high-risk areas of Colorado, and if such20
	142	+	ponds are drained, firefighters could be left ill-equipped to respond to and21
	143	+	suppress fires;22
	144	+	(j) A process is necessary to preserve ponds that are deemed23
	145	+	critical for firefighting purposes; and24
	146	+	(k) Preserving fire suppression ponds will help:25
	147	+	(I) Ensure resources are available to help keep communities safe26
	148	+	in the event of structure fires, grassland fires, and other fire emergencies;27
	149	+	114
	150	+	-4- and1
	151	+	(II) Keep fires from becoming large and thereby protect lives,2
	152	+	homes, critical watersheds, water supply assets, infrastructure, and key3
	153	+	ecological and wildlife resources.4
	154	+	(3) Therefore, the general assembly declares that it is in the public5
	155	+	interest to create a process to identify, designate, and preserve critical fire6
	156	+	suppression ponds.7
	157	+	SECTION 2. In Colorado Revised Statutes, add 37-82-107 as8
	158	+	follows:9
	159	+	37-82-107. Fire suppression ponds - legislative declaration -10
	160	+	needs assessment - notice of consideration required - restriction on11
77	161		draining of ponds - rules - no water right created - repeal. (1) T
78		-	HE
79		-	GENERAL ASSEMBLY HEREBY DECLARES THAT
80		-	:
	162	+	HE12
	163	+	GENERAL ASSEMBLY HEREBY DECLARES THAT :
	164	+	13
81	165		(a) F
82	166		IRE SUPPRESSION PONDS ARE ESSENTIAL FOR THE PROTECTION
83		-	OF PUBLIC SAFETY AND WELFARE
84		-	; AND
85		-	(b) BASED ON THIS DECLARATION , THE STATE ENGINEER IS
86		-	AUTHORIZED TO REVIEW APPLICATIONS AND DESIGNATE PONDS AS FIRE
87		-	SUPPRESSION PONDS IN ACCORDANCE WITH THIS SECTION
88		-	.
	167	+	14
	168	+	OF PUBLIC SAFETY AND WELFARE; AND15
	169	+	(b) B
	170	+	ASED ON THIS DECLARATION , THE STATE ENGINEER IS
	171	+	16
	172	+	AUTHORIZED TO REVIEW APPLICATIONS AND DESIGNATE PONDS AS FIRE17
	173	+	SUPPRESSION PONDS IN ACCORDANCE WITH THIS SECTION .18
89	174		(2) A
90		-	BOARD OF COUNTY COMMISSIONERS , IN CONSULTATION WITH
91		-	PAGE 3-SENATE BILL 22-114 ITS FIRE PROTECTION DISTRICT OR FIRE AUTHORITY , MAY APPLY TO THE
92		-	STATE ENGINEER PURSUANT TO SECTION
93		-	37-80-124 FOR THE DESIGNATION
94		-	OF A POND WITHIN THE BORDERS OF THE COUNTY AS A FIRE SUPPRESSION
95		-	POND
96		-	.
	175	+	BOARD OF COUNTY COMMISSIONERS , IN CONSULTATION WITH19
	176	+	ITS FIRE PROTECTION
	177	+	DISTRICT OR FIRE AUTHORITY, MAY APPLY TO THE20
	178	+	STATE ENGINEER PURSUANT TO SECTION 37-80-124 FOR THE DESIGNATION21
	179	+	OF A POND WITHIN THE BORDERS OF THE COUNTY AS A FIRE SUPPRESSION22
	180	+	POND.23
97	181		(3) (a) B
98		-	EFORE APPLYING FOR THE DESIGNATION OF A POND AS A FIRE
99		-	SUPPRESSION POND
100		-	, A BOARD OF COUNTY COMMISSIONERS , IN
101		-	CONSULTATION WITH ITS FIRE PROTECTION DISTRICT OR FIRE AUTHORITY
102		-	,
103		-	SHALL:
	182	+	EFORE APPLYING FOR THE DESIGNATION OF A POND AS A24
	183	+	FIRE SUPPRESSION POND, A BOARD OF COUNTY COMMISSIONERS , IN25
	184	+	CONSULTATION WITH ITS FIRE PROTECTION
	185	+	DISTRICT OR FIRE AUTHORITY,26
	186	+	SHALL:27
	187	+	114
	188	+	-5- (I) IDENTIFY PONDS IN LOCATIONS WHERE THE OUTBREAK OF A1
	189	+	FIRE COULD RESULT IN A MAJOR WILDFIRE DISASTER ; 2
	190	+	(II) P
	191	+	ERFORM A NEEDS ASSESSMENT OF EACH SUCH POND , WHICH3
	192	+	NEEDS ASSESSMENT SHALL BE COMPLETED WITHIN ONE YEAR AFTER THE4
	193	+	BOARD PROVIDES THE NOTICE DESCRIBED IN SUBSECTION (3)(a)(III)
	194	+	OF5
	195	+	THIS SECTION; AND6
	196	+	(III) F
	197	+	OR EACH POND THAT IS IDENTIFIED AND UNDER
	198	+	7
	199	+	CONSIDERATION AS A POTENTIAL FIRE SUPPRESSION POND , PROVIDE8
	200	+	NOTICE OF SUCH FACT TO THE STATE ENGINEER , WHICH NOTICE MUST9
	201	+	INDICATE THE LOCATION AND APPROXIMATE SURFACE AREA OF THE POND .10
	202	+	(b) I
	203	+	N PERFORMING A NEEDS ASSESSMENT PURSUANT TO11
	204	+	SUBSECTION (3)(a)(II) OF THIS SECTION, A BOARD OF COUNTY12
	205	+	COMMISSIONERS, IN CONSULTATION WITH ITS FIRE PROTECTION
	206	+	DISTRICT13
	207	+	OR FIRE AUTHORITY, SHALL:14
104	208		(I) I
105		-	DENTIFY PONDS IN LOCATIONS WHERE THE OUTBREAK OF A FIRE
106		-	COULD RESULT IN A MAJOR WILDFIRE DISASTER
107		-	;
108		-	(II) P
109		-	ERFORM A NEEDS ASSESSMENT OF EACH SUCH POND , WHICH
110		-	NEEDS ASSESSMENT SHALL BE COMPLETED WITHIN ONE YEAR AFTER THE
111		-	BOARD PROVIDES THE NOTICE DESCRIBED IN SUBSECTION
112		-	(3)(a)(III) OF THIS
113		-	SECTION
114		-	; AND
115		-	(III) FOR EACH POND THAT IS IDENTIFIED AND UNDER
116		-	CONSIDERATION AS A POTENTIAL FIRE SUPPRESSION POND
117		-	, PROVIDE NOTICE
118		-	OF SUCH FACT TO THE STATE ENGINEER
119		-	, WHICH NOTICE MUST INDICATE THE
120		-	LOCATION AND APPROXIMATE SURFACE AREA OF THE POND
121		-	.
	209	+	DENTIFY THE REFILL MECHANISM OF THE POND , WHETHER BY:15
	210	+	(A) G
	211	+	ROUNDWATER;16
	212	+	(B) D
	213	+	IVERSION ON THE STREAM CHANNEL ;17
	214	+	(C) D
	215	+	IVERSION OFF THE STREAM CHANNEL ; OR18
	216	+	(D) W
	217	+	ELL; AND19
	218	+	(II) A
	219	+	PPLY THE CRITERIA ESTABLISHED PURSUANT TO RULES20
	220	+	PROMULGATED BY THE DIRECTOR OF THE DIVISION OF FIRE PREVENTION21
	221	+	AND CONTROL PURSUANT TO SUBSECTION (5)
	222	+	OF THIS SECTION.22
	223	+	(c) I
	224	+	F A POND THAT IS UNDER CONSIDERATION FOR DESIGNATION
	225	+	23
	226	+	AS A FIRE SUPPRESSION POND IS LOCATED IN WHOLE OR IN PART UPON24
	227	+	PRIVATE PROPERTY, A BOARD OF COUNTY COMMISSIONERS SHALL ACQUIRE25
	228	+	THE VOLUNTARY WRITTEN APPR OVAL OF EACH OWNER OF PRIVATE26
	229	+	PROPERTY THAT ABUTS THE POND BEFORE THE BOARD APPLIES TO THE27
	230	+	114
	231	+	-6- STATE ENGINEER FOR THE DESIGNATION OF THE POND AS A FIRE1
	232	+	SUPPRESSION POND.2
	233	+	(d) I
	234	+	F A BOARD OF COUNTY COMMISSIONERS HAS NOTIFIED THE
	235	+	3
	236	+	STATE ENGINEER PURSUANT TO SUBSECTION (3)(a)(III) OF THIS SECTION4
	237	+	THAT A POND IS UNDER CONSIDERATION AS A FIRE SUPPRESSION POND , THE5
	238	+	BOARD SHALL NOTIFY THE STATE ENGINEER PROMPTLY IF AND WHEN THE6
	239	+	POND IS NO LONGER UNDER SUCH CONSIDERATION .7
	240	+	(4) UNLESS OTHERWISE REQUIRED BY LAW OR AS NEEDED TO8
	241	+	ADDRESS DAM SAFETY CONCERNS , THE STATE ENGINEER SHALL NOT ORDER9
	242	+	ANY POND TO BE DRAINED OR BACKFILLED OR PROCEED WITH ANY10
	243	+	EXISTING ORDER TO DRAIN OR BACKFILL A POND :11
	244	+	(a) I
	245	+	F THE STATE ENGINEER HAS RECEIVED NOTICE PURSUANT TO12
	246	+	SUBSECTION (3)(a)(III)
	247	+	OF THIS SECTION THAT THE POND IS UNDER13
	248	+	CONSIDERATION BY A BOARD OF COUNTY COMMISSIONERS FOR14
	249	+	DESIGNATION AS A FIRE SUPPRESSION POND , DURING THE PENDENCY OF15
	250	+	THAT CONSIDERATION;16
122	251		(b) I
123		-	N PERFORMING A NEEDS ASSESSMENT PURSUANT TO SUBSECTION
124		-	(3)(a)(II) OF THIS SECTION, A BOARD OF COUNTY COMMISSIONERS , IN
125		-	CONSULTATION WITH ITS FIRE PROTECTION DISTRICT OR FIRE AUTHORITY
126		-	,
127		-	SHALL:
128		-	(I) I
129		-	DENTIFY THE REFILL MECHANISM OF THE POND , WHETHER BY:
130		-	(A) G
131		-	ROUNDWATER;
132		-	(B) D
133		-	IVERSION ON THE STREAM CHANNEL ;
134		-	(C) D
135		-	IVERSION OFF THE STREAM CHANNEL ; OR
136		-	(D) WELL; AND
137		-	(II) APPLY THE CRITERIA ESTABLISHED PURSUANT TO RULES
138		-	PROMULGATED BY THE DIRECTOR OF THE DIVISION OF FIRE PREVENTION AND
139		-	PAGE 4-SENATE BILL 22-114 CONTROL PURSUANT TO SUBSECTION (5) OF THIS SECTION.
140		-	(c) I
141		-	F A POND THAT IS UNDER CONSIDERATION FOR DESIGNATION AS
142		-	A FIRE SUPPRESSION POND IS LOCATED IN WHOLE OR IN PART UPON PRIVATE
143		-	PROPERTY
144		-	, A BOARD OF COUNTY COMMISSIONERS SHALL ACQUIRE THE
145		-	VOLUNTARY WRITTEN APPROVAL OF EACH OWNER OF PRIVATE PROPERTY
146		-	THAT ABUTS THE POND BEFORE THE BOARD APPLIES TO THE STATE ENGINEER
147		-	FOR THE DESIGNATION OF THE POND AS A FIRE SUPPRESSION POND
148		-	.
149		-	(d) I
150		-	F A BOARD OF COUNTY COMMISSIONERS HAS NOTIFIED THE STATE
151		-	ENGINEER PURSUANT TO SUBSECTION
152		-	(3)(a)(III) OF THIS SECTION THAT A
153		-	POND IS UNDER CONSIDERATION AS A FIRE SUPPRESSION POND
154		-	, THE BOARD
155		-	SHALL NOTIFY THE STATE ENGINEER PROMPTLY IF AND WHEN THE POND IS NO
156		-	LONGER UNDER SUCH CONSIDERATION
157		-	.
158		-	(4) U
159		-	NLESS OTHERWISE REQUIRED BY LAW OR AS NEEDED TO
160		-	ADDRESS DAM SAFETY CONCERNS
161		-	, THE STATE ENGINEER SHALL NOT ORDER
162		-	ANY POND TO BE DRAINED OR BACKFILLED OR PROCEED WITH ANY EXISTING
163		-	ORDER TO DRAIN OR BACKFILL A POND
164		-	:
165		-	(a) I
166		-	F THE STATE ENGINEER HAS RECEIVED NOTICE PURSUANT TO
167		-	SUBSECTION
168		-	(3)(a)(III) OF THIS SECTION THAT THE POND IS UNDER
169		-	CONSIDERATION BY A BOARD OF COUNTY COMMISSIONERS FOR DESIGNATION
170		-	AS A FIRE SUPPRESSION POND
171		-	, DURING THE PENDENCY OF THAT
172		-	CONSIDERATION
173		-	;
174		-	(b) I
175		-	F THE STATE ENGINEER HAS DESIGNATED THE POND AS A FIRE
176		-	SUPPRESSION POND PURSUANT TO SECTION
177		-	37-80-124 AND THE POND IS
178		-	OPERATING IN ACCORDANCE WITH THE DESIGNATION
179		-	; OR
180		-	(c) (I) ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION , AND
181		-	UNTIL THE DATE UPON WHICH THE DIRECTOR OF THE DIVISION OF FIRE
182		-	PREVENTION AND CONTROL PROMULGATES RULES PURSUANT TO SUBSECTION
183		-	(5) OF THIS SECTION; EXCEPT THAT, DURING SUCH TIME, THE STATE
184		-	ENGINEER MAY ENFORCE AN ORDER TO DRAIN A POND IF THE STATE
185		-	ENGINEER FIRST PROVIDES NOTICE OF THE ORDER TO THE BOARD OF COUNTY
186		-	COMMISSIONERS OF THE COUNTY IN WHICH THE POND IS LOCATED AND
187		-	ALLOWS THE BOARD FOURTEEN DAYS TO RESPOND
188		-	.
189		-	(II) T
190		-	HIS SUBSECTION (4)(c) IS REPEALED, EFFECTIVE JULY 1, 2023.
191		-	PAGE 5-SENATE BILL 22-114 (5) (a) ON OR BEFORE MAY 1, 2023, THE DIRECTOR OF THE DIVISION
192		-	OF FIRE PREVENTION AND CONTROL IN THE DEPARTMENT OF PUBLIC SAFETY
193		-	,
194		-	PURSUANT TO THE DIRECTOR'S AUTHORITY UNDER SECTION 24-33.5-1203.5,
195		-	SHALL PROMULGATE RULES ESTABLISHING CRITERIA FOR BOARDS OF COUNTY
196		-	COMMISSIONERS
197		-	, IN CONSULTATION WITH FIRE PROTECTION DISTRICTS OR
198		-	FIRE AUTHORITIES
199		-	, TO USE TO IDENTIFY AND EVALUATE POTENTIAL FIRE
200		-	SUPPRESSION PONDS
201		-	, AS DESCRIBED IN SUBSECTION (3) OF THIS SECTION. AT
202		-	A MINIMUM
203		-	, THE CRITERIA MUST REQUIRE THAT A FIRE SUPPRESSION POND :
	252	+	F THE STATE ENGINEER HAS DESIGNATED THE POND AS A FIRE17
	253	+	SUPPRESSION POND PURSUANT TO SECTION 37-80-124 AND THE POND IS
	254	+	18
	255	+	OPERATING IN ACCORDANCE WITH THE DESIGNATION ; OR19
	256	+	(c) (I) O
	257	+	N AND AFTER THE EFFECTIVE DATE OF THIS SECTION, AND20
	258	+	UNTIL THE DATE UPON WHICH THE DIRECTOR OF THE DIVISION OF FIRE21
	259	+	PREVENTION AND CONTROL PROMULGATES RULES PURSUANT TO22
	260	+	SUBSECTION (5)
	261	+	OF THIS SECTION; EXCEPT THAT, DURING SUCH TIME, THE23
	262	+	STATE ENGINEER MAY ENFORCE AN ORDER TO DRAIN A POND IF THE STATE24
	263	+	ENGINEER FIRST PROVIDES NOTICE OF THE ORDER TO THE BOARD OF25
	264	+	COUNTY COMMISSIONERS OF THE COUNTY IN WHICH THE POND IS LOCATED26
	265	+	AND ALLOWS THE BOARD FOURTEEN DAYS TO RESPOND .27
	266	+	114
	267	+	-7- (II) THIS SUBSECTION (4)(c) IS REPEALED, EFFECTIVE JULY 1, 2023.1
	268	+	(5) (a) ON OR BEFORE MAY 1, 2023, THE DIRECTOR OF THE2
	269	+	DIVISION OF FIRE PREVENTION AND CONTROL IN THE DEPARTMENT OF3
	270	+	PUBLIC SAFETY, PURSUANT TO THE DIRECTOR 'S AUTHORITY UNDER4
	271	+	SECTION 24-33.5-1203.5, SHALL PROMULGATE RULES ESTABLISHING5
	272	+	CRITERIA FOR BOARDS OF COUNTY COMMISSIONERS , IN CONSULTATION6
	273	+	WITH FIRE PROTECTION DISTRICTS OR FIRE AUTHORITIES, TO USE TO7
	274	+	IDENTIFY AND EVALUATE POTENTIAL FIRE SUPPRESSION PONDS , AS8
	275	+	DESCRIBED IN SUBSECTION (3) OF THIS SECTION. AT A MINIMUM, THE9
	276	+	CRITERIA MUST REQUIRE THAT A FIRE SUPPRESSION POND :10
204	277		(I) B
205		-	E READILY ACCESSIBLE BY A FIRE PROTECTION DISTRICT , ~~FIRE~~
206		-	~~AUTHORITY~~
207		-	, FIRE DEPARTMENT, OR OTHER FIREFIGHTING ENTITY;
	278	+	E READILY ACCESSIBLE BY A FIRE PROTECTION DISTRICT,
	279	+	FIRE11
	280	+	AUTHORITY, FIRE DEPARTMENT, OR OTHER FIREFIGHTING ENTITY;12
208	281		(II) B
209		-	E LOCATED IN THE WILDLAND-URBAN INTERFACE OR ANOTHER
210		-	LOCATION THAT FACES AN ELEVATED THREAT OF FIRE RISK
211		-	; AND
212		-	(III) BE LOCATED IN AN AREA WITHOUT TIMELY OR ADEQUATE
213		-	ACCESS TO FIRE HYDRANTS OR OTHER WATER SUPPLIES AND WHERE THE
214		-	POND PROVIDES A NEEDED SUPPLY
215		-	.
	282	+	E LOCATED IN THE WILDLAND -URBAN INTERFACE OR
	283	+	13
	284	+	ANOTHER LOCATION THAT FACES AN ELEVATED THREAT OF FIRE RISK ; AND14
	285	+	(III) B
	286	+	E LOCATED IN AN AREA WITHOUT TIMELY OR ADEQUATE
	287	+	15
	288	+	ACCESS TO FIRE HYDRANTS OR OTHER WATER SUPPLIES AND WHERE THE16
	289	+	POND PROVIDES A NEEDED SUPPLY .17
	290	+	18
216	291		(b) B
217		-	EFORE PROMULGATING THE RULES DESCRIBED IN ~~SUBSECTION~~
218		-	(5)(a) ~~OF THIS SECTION, THE DIRECTOR OF THE DIVISION OF FIRE PREVENTION~~
219		-	~~AND CONTROL SHALL SOLICIT AND CONSIDER INPUT FROM~~
220		-	:
	292	+	EFORE PROMULGATING THE RULES DESCRIBED IN SUBSECTION19
	293	+	(5)(a)
	294	+	OF THIS SECTION, THE DIRECTOR OF THE DIVISION OF FIRE20
	295	+	PREVENTION AND CONTROL SHALL SOLICIT AND CONSIDER INPUT FROM :21
221	296		(I) T
222		-	HE STATE ENGINEER;
	297	+	HE STATE ENGINEER;22
223	298		(II) L
224		-	OCAL GOVERNMENTS, INCLUDING COUNTIES;
	299	+	OCAL GOVERNMENTS , INCLUDING COUNTIES;23
225	300		(III) W
226	301		ATER PROVIDERS;
	302	+	24
227	303		(IV) F
228		-	IRE PROTECTION DISTRICTS, FIRE AUTHORITIES, AND OTHER
229		-	FIREFIGHTING ENTITIES
230		-	; AND
231		-	(V) BASIN ROUNDTABLES.
232		-	(6) N
233		-	OTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY ,
234		-	A FIRE SUPPRESSION POND AND THE WATER ASSOCIATED WITH IT :
	304	+	IRE PROTECTION
	305	+	DISTRICTS, FIRE AUTHORITIES, AND OTHER25
	306	+	FIREFIGHTING ENTITIES; AND26
	307	+	(V) B
	308	+	ASIN ROUNDTABLES.
	309	+	27
	310	+	114
	311	+	-8- (6) NOTWITHSTANDING ANY PROVISION OF LAW TO THE1
	312	+	CONTRARY, A FIRE SUPPRESSION POND AND THE WATER ASSOCIATED WITH2
	313	+	IT:3
235	314		(a) A
236		-	RE NOT CONSIDERED A WATER RIGHT , AS DEFINED IN SECTION
237		-	37-92-103 (12);
238		-	PAGE 6-SENATE BILL 22-114 (b) DO NOT HAVE A PRIORITY, AS DEFINED IN SECTION 37-92-103
	315	+	RE NOT CONSIDERED A WATER RIGHT, AS DEFINED IN SECTION4
	316	+	37-92-103
	317	+	(12);5
	318	+	(b) D
	319	+	O NOT HAVE A PRIORITY, AS DEFINED IN SECTION 37-92-1036
239	320		(10);
240		-	AND
241		-	(c) MAY NOT BE ADJUDICATED PURSUANT TO SECTION 37-92-302.
	321	+	AND7
	322	+	(c) M
	323	+	AY NOT BE ADJUDICATED PURSUANT TO SECTION 37-92-302.8
242	324		(7) T
243	325		HE DIVISION OF FIRE PREVENTION AND CONTROL IN THE
244		-	DEPARTMENT OF PUBLIC SAFETY
245		-	, SUBJECT TO AVAILABLE APPROPRIATIONS,
246		-	MAY PROVIDE FINANCIAL SUPPORT TO A BOARD OF COUNTY COMMISSIONERS
247		-	TO FACILITATE THE BOARD
248		-	'S ACQUISITION OF AUGMENTATION WATER FOR
249		-	PONDS THAT SATISFY THE CRITERIA ESTABLISHED BY RULES PROMULGATED
250		-	PURSUANT TO SUBSECTION
251		-	(5) OF THIS SECTION BUT ARE NOT DESIGNATED
252		-	AS FIRE SUPPRESSION PONDS
253		-	.
254		-	SECTION 3. In Colorado Revised Statutes, add 37-80-124 as
255		-	follows:
256		-	37-80-124. State engineer - designation of fire suppression ponds
257		-	- conditional requirements - inspections - expiration of designation -
258		-	database - reviews by water courts. (1) F
259		-	OR THE PURPOSES OF SECTION
260		-	37-82-107, THE STATE ENGINEER SHALL:
	326	+	9
	327	+	DEPARTMENT OF PUBLIC SAFETY , SUBJECT TO AVAILABLE10
	328	+	APPROPRIATIONS, MAY PROVIDE FINANCIAL SUPPORT TO A BOARD OF11
	329	+	COUNTY COMMISSIONERS TO FACILITATE THE BOARD 'S ACQUISITION OF12
	330	+	AUGMENTATION WATER FOR PONDS THAT SATISFY THE CRITERIA13
	331	+	ESTABLISHED BY RULES PROMULGATED PURSUANT TO SUBSECTION (5) OF14
	332	+	THIS SECTION BUT ARE NOT DESIGNATED AS FIRE SUPPRESSION PONDS .15
	333	+	SECTION 3. In Colorado Revised Statutes, add 37-80-124 as16
	334	+	follows:17
	335	+	37-80-124. State engineer - designation of fire suppression18
	336	+	ponds - conditional requirements - inspections - expiration of19
	337	+	designation - database - reviews by water courts. (1) FOR THE20
	338	+	PURPOSES OF SECTION 37-82-107, THE STATE ENGINEER SHALL:21
261	339		(a) R
262		-	EVIEW APPLICATIONS RECEIVED FROM BOARDS OF COUNTY
263		-	COMMISSIONERS CONCERNING THE DESIGNATION OF PONDS AS FIRE
264		-	SUPPRESSION PONDS
265		-	; AND
266		-	(b) AT THE STATE ENGINEER'S DISCRETION, DESIGNATE PONDS AS
267		-	FIRE SUPPRESSION PONDS
268		-	.
	340	+	EVIEW APPLICATIONS RECEIVED FROM BOARDS OF COUNTY22
	341	+	COMMISSIONERS CONCERNING THE DESIGNATION OF PONDS AS FIRE23
	342	+	SUPPRESSION PONDS; AND24
	343	+	(b) A
	344	+	T THE STATE ENGINEER'S DISCRETION, DESIGNATE PONDS AS25
	345	+	FIRE SUPPRESSION PONDS.26
269	346		(2) I
270		-	N CONSIDERING WHETHER TO DESIGNATE A POND AS A ~~FIRE~~
271		-	~~SUPPRESSION POND~~
272		-	, THE STATE ENGINEER SHALL:
	347	+	N CONSIDERING WHETHER TO DESIGNATE A POND AS A FIRE27
	348	+	114
	349	+	-9- SUPPRESSION POND, THE STATE ENGINEER SHALL:1
273	350		(a) C
274	351		ONSIDER WHETHER THE NEEDS ASSESSMENT PERFORMED FOR
275		-	~~THE POND PURSUANT TO SECTION~~
276		-	37-82-107 (3)(a)(II) EVALUATED ~~THE~~
277		-	CRITERIA ESTABLISHED BY RULES PROMULGATED BY THE DIVISION OF ~~FIRE~~
278		-	PREVENTION AND CONTROL PURSUANT TO SECTION
279		-	~~37-82-107 (5); AND~~
280		-	~~(b) VERIFY~~ THAT THE POND SATISFIES THE REQUIREMENTS
281		-	~~DESCRIBED IN SUBSECTION~~
282		-	(10)(a)(II) OF THIS SECTION.
	352	+	2
	353	+	THE POND PURSUANT TO SECTION 37-82-107 (3)(a)(II) EVALUATED THE3
	354	+	CRITERIA ESTABLISHED BY RULES PROMULGATED BY THE DIVISION OF FIRE4
	355	+	PREVENTION AND CONTROL PURSUANT TO SECTION 37-82-107 (5); AND5
	356	+	(b) V
	357	+	ERIFY THAT THE POND SATISFIES THE REQUIREMENTS
	358	+	6
	359	+	DESCRIBED IN SUBSECTION (10)(a)(II) OF THIS SECTION.7
283	360		(3) T
284		-	HE STATE ENGINEER MAY ESTABLISH A STANDARD WRITTEN OR
285		-	PAGE 7-SENATE BILL 22-114 ELECTRONIC FORM FOR BOARDS OF COUNTY COMMISSIONERS TO USE TO
286		-	APPLY FOR THE DESIGNATION OF A POND AS A FIRE SUPPRESSION POND
287		-	.
	361	+	HE STATE ENGINEER MAY ESTABLISH A STANDARD WRITTEN8
	362	+	OR ELECTRONIC FORM FOR BOARDS OF COUNTY COMMISSIONERS TO USE TO9
	363	+	APPLY FOR THE DESIGNATION OF A POND AS A FIRE SUPPRESSION POND .10
288	364		(4) W
289	365		ITHIN ONE HUNDRED FIFTY-FOUR DAYS AFTER RECEIVING AN
290		-	APPLICATION TO DESIGNATE A FIRE SUPPRESSION POND
291		-	, THE STATE ENGINEER
292		-	SHALL
293		-	:
	366	+	11
	367	+	APPLICATION TO DESIGNATE A FIRE SUPPRESSION POND , THE STATE12
	368	+	ENGINEER SHALL:13
294	369		(a) R
295	370		EVIEW THE APPLICATION; AND
296		-	(b) AT THE STATE ENGINEER'S DISCRETION, DESIGNATE A POND AS A
297		-	FIRE SUPPRESSION POND
298		-	, DENY THE APPLICATION, SCHEDULE A HEARING, OR
299		-	REQUEST ADDITIONAL INFORMATION
300		-	.
	371	+	14
	372	+	(b) A
	373	+	T THE STATE ENGINEER'S DISCRETION, DESIGNATE A POND AS
	374	+	15
	375	+	A FIRE SUPPRESSION POND, DENY THE APPLICATION, SCHEDULE A HEARING,16
	376	+	OR REQUEST ADDITIONAL INFORMATION .17
301	377		(5) A
302		-	S A CONDITION OF DESIGNATING A POND AS A FIRE SUPPRESSION
303		-	POND PURSUANT TO THIS SECTION
304		-	, THE STATE ENGINEER MAY IMPOSE
305		-	REASONABLE REQUIREMENTS ON A BOARD OF COUNTY COMMISSIONERS
306		-	,
307		-	INCLUDING REQUIREMENTS FOR MEASURING AND RECORDING DEVICES .
	378	+	S A CONDITION OF DESI GNATING A POND AS A FIRE18
	379	+	SUPPRESSION POND PURSUANT TO THIS SECTION , THE STATE ENGINEER19
	380	+	MAY IMPOSE REASONABLE REQUIREMENTS ON A BOARD OF COUNTY20
	381	+	COMMISSIONERS, INCLUDING REQUIREMENTS FOR MEASURING AND21
	382	+	RECORDING DEVICES.22
308	383		(6) I
309		-	F THE STATE ENGINEER DESIGNATES A POND AS A FIRE
310		-	SUPPRESSION POND PURSUANT TO THIS SECTION
311		-	, THE BOARD OF COUNTY
312		-	COMMISSIONERS OF THE COUNTY IN WHICH THE POND IS LOCATED AND THE
313		-	FIRE PROTECTION DISTRICT OR FIRE AUTHORITY SHALL INSPECT THE POND AT
314		-	LEAST ANNUALLY TO ENSURE THAT
315		-	:
	384	+	F THE STATE ENGINEER DESIGNATES A POND AS A FIRE23
	385	+	SUPPRESSION POND PURSUANT TO THIS SECTION , THE BOARD OF COUNTY24
	386	+	COMMISSIONERS OF THE COUNTY IN WHICH THE POND IS LOCATED AND THE25
	387	+	FIRE PROTECTION DISTRICT
	388	+	OR FIRE AUTHORITY SHALL INSPECT THE POND26
	389	+	AT LEAST ANNUALLY TO ENSURE THAT :27
	390	+	114
	391	+	-10- (a) THE POND IS PROPERLY MAINTAINED;1
	392	+	(b) A
	393	+	NY FIREFIGHTING INFRASTRUCTURE ASSOCIATED WITH THE2
	394	+	POND IS FUNCTIONAL; AND3
	395	+	(c) T
	396	+	HE APPROXIMATE SURFACE AREA OF THE POND HAS NOT4
	397	+	CHANGED.5
	398	+	(7) I
	399	+	F THE STATE ENGINEER DENIES AN APPLICATION FOR THE6
	400	+	DESIGNATION OF A POND AS A FIRE SUPPRESSION POND , THE STATE7
	401	+	ENGINEER SHALL PROVIDE THE APPLICANT BOARD OF COUNTY8
	402	+	COMMISSIONERS THE REASONS FOR THE STATE ENGINEER 'S DENIAL AND AN9
	403	+	OPPORTUNITY TO DISCUSS THE DENIAL WITH THE STATE ENGINEER .10
	404	+	(8) (a) T
	405	+	HE DESIGNATION OF A POND AS A FIRE SUPPRESSION POND11
	406	+	PURSUANT TO THIS SECTION EXPIRES FIFTEEN
	407	+	YEARS AFTER THE DATE OF12
	408	+	THE DESIGNATION.13
	409	+	(b) N
	410	+	O SOONER THAN THREE HUNDRED SIXTY -FIVE DAYS BEFORE
	411	+	14
	412	+	THE EXPIRATION OF THE DESIGNATION OF A POND AS A FIRE SUPPRESSION15
	413	+	POND, THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY IN WHICH16
	414	+	THE POND IS LOCATED AND THE FIRE PROTECTION DISTRICT OR FIRE17
	415	+	AUTHORITY MAY PERFORM A NEEDS ASSESSMENT OF THE POND , AS18
	416	+	DESCRIBED IN SECTION 37-82-107 (3), IF THE BOARD DESIRES THAT THE19
	417	+	POND BE RECERTIFIED AS A FIRE SUPPRESSION POND .20
	418	+	(c) I
	419	+	F THE NEEDS ASSESSMENT DESCRIBED IN SUBSECTION (8)(b) OF21
	420	+	THIS SECTION INDICATES THAT THE POND CONTINUES TO SATISFY THE22
	421	+	CRITERIA ESTABLISHED BY RULES PROMULGATED PURSUANT TO SECTION23
	422	+	37-82-107 (5)
	423	+	, THE BOARD AND THE FIRE PROTECTION DISTRICT OR FIRE24
	424	+	AUTHORITY SHALL NOTIFY THE STATE ENGINEER OF SUCH FACT , AND THE25
	425	+	STATE ENGINEER SHALL REDESIGNATE THE POND AS A FIRE SUPPRESSION26
	426	+	POND.27
	427	+	114
	428	+	-11- (d) IF THE NEEDS ASSESSMENT DESCRIBED IN SUBSECTION (8)(b)1
	429	+	OF THIS SECTION INDICATES THAT THE POND NO L ONGER SATISFIES THE2
	430	+	CRITERIA ESTABLISHED BY RULES PROMULGATED PURSUANT TO SECTION3
	431	+	37-82-107 (5), THE BOARD AND THE FIRE PROTECTION DISTRICT OR FIRE4
	432	+	AUTHORITY SHALL EITHER:5
	433	+	(I) N
	434	+	OTIFY THE STATE ENGINEER THAT THE DESIGNATION OF THE6
	435	+	POND AS A FIRE SUPPRESSION POND SHOULD BE RESCINDED OR ALLOWED7
	436	+	TO EXPIRE; OR8
	437	+	(II) P
	438	+	ROVIDE TO THE STATE ENGINEER A PLAN AND TIMELINE FOR9
	439	+	BRINGING THE POND BACK INTO COMPLIANCE WITH THE CRITERIA .10
	440	+	(9) T
	441	+	HE STATE ENGINEER SHALL ESTABLISH A
	442	+	DATABASE FOR11
	443	+	THE ADMINISTRATION OF PONDS THAT ARE DESIGNATED AS FIRE12
	444	+	SUPPRESSION PONDS PURSUANT TO THIS SECTION .13
	445	+	(10) (a) NOTWITHSTANDING ANY PROVISION OF LAW TO THE14
	446	+	CONTRARY, THE STATE ENGINEER SHALL NOT:15
	447	+	(I) D
	448	+	ESIGNATE MORE THAN THIRTY TOTAL SURFACE ACRES OF
	449	+	16
	450	+	POND IN ANY COUNTY AS A FIRE SUPPRESSION POND ; OR17
	451	+	(II) D
	452	+	ESIGNATE ANY POND AS A FIRE SUPPRESSION POND UNLESS :
	453	+	18
316	454		(A) T
317		-	HE POND IS PROPERLY MAINTAINED;
318		-	(b) A
319		-	NY FIREFIGHTING INFRASTRUCTURE ASSOCIATED WITH THE
320		-	POND IS FUNCTIONAL
321		-	; AND
322		-	(c) THE APPROXIMATE SURFACE AREA OF THE POND HAS NOT
323		-	CHANGED
324		-	.
325		-	(7) I
326		-	F THE STATE ENGINEER DENIES AN APPLICATION FOR THE
327		-	DESIGNATION OF A POND AS A FIRE SUPPRESSION POND
328		-	, THE STATE ENGINEER
329		-	SHALL PROVIDE THE APPLICANT BOARD OF COUNTY COMMISSIONERS THE
330		-	REASONS FOR THE STATE ENGINEER
331		-	'S DENIAL AND AN OPPORTUNITY TO
332		-	DISCUSS THE DENIAL WITH THE STATE ENGINEER
333		-	.
334		-	(8) (a) T
335		-	HE DESIGNATION OF A POND AS A FIRE SUPPRESSION POND
336		-	PURSUANT TO THIS SECTION EXPIRES FIFTEEN YEARS AFTER THE DATE OF THE
337		-	PAGE 8-SENATE BILL 22-114 DESIGNATION.
338		-	(b) N
339		-	O SOONER THAN THREE HUNDRED SIXTY -FIVE DAYS BEFORE THE
340		-	EXPIRATION OF THE DESIGNATION OF A POND AS A FIRE SUPPRESSION POND
341		-	,
342		-	THE BOARD OF COUNTY COMMISSIONERS OF THE C OUNTY IN WHICH THE POND
343		-	IS LOCATED AND THE FIRE PROTECTION DISTRICT OR FIRE AUTHORITY MAY
344		-	PERFORM A NEEDS ASSESSMENT OF THE POND
345		-	, AS DESCRIBED IN SECTION
346		-	37-82-107 (3), IF THE BOARD DESIRES THAT THE POND BE RECERTIFIED AS A
347		-	FIRE SUPPRESSION POND
348		-	.
349		-	(c) I
350		-	F THE NEEDS ASSESSMENT DESCRIBED IN SUBSECTION (8)(b) OF
351		-	THIS SECTION INDICATES THAT THE POND CONTINUES TO SATISFY THE
352		-	CRITERIA ESTABLISHED BY RULES PROMULGATED PURSUANT TO SECTION
353		-	37-82-107 (5), THE BOARD AND THE FIRE PROTECTION DISTRICT OR FIRE
354		-	AUTHORITY SHALL NOTIFY THE STATE ENGINEER OF SUCH FACT
355		-	, AND THE
356		-	STATE ENGINEER SHALL REDESIGNATE THE POND AS A FIRE SUPPRESSION
357		-	POND
358		-	.
359		-	(d) I
360		-	F THE NEEDS ASSESSMENT DESCRIBED IN SUBSECTION (8)(b) OF
361		-	THIS SECTION INDICATES THAT THE POND NO LONGER SATISFIES THE
362		-	CRITERIA ESTABLISHED BY RULES PROMULGATED PURSUANT TO SECTION
363		-	37-82-107 (5), THE BOARD AND THE FIRE PROTECTION DISTRICT OR FIRE
364		-	AUTHORITY SHALL EITHER
365		-	:
366		-	(I) N
367		-	OTIFY THE STATE ENGINEER THAT THE DESIGNATION OF THE
368		-	POND AS A FIRE SUPPRESSION POND SHOULD BE RESCINDED OR ALLOWED TO
369		-	EXPIRE
370		-	; OR
371		-	(II) PROVIDE TO THE STATE ENGINEER A PLAN AND TIMELINE FOR
372		-	BRINGING THE POND BACK INTO COMPLIANCE WITH THE CRITERIA
373		-	.
374		-	(9) T
375		-	HE STATE ENGINEER SHALL ESTABLISH A DATABASE FOR THE
376		-	ADMINISTRATION OF PONDS THAT ARE DESIGNATED AS FIRE SUPPRESSION
377		-	PONDS PURSUANT TO THIS SECTION
378		-	.
379		-	(10) (a) N
380		-	OTWITHSTANDING ANY PROVISION OF LAW TO THE
381		-	CONTRARY
382		-	, THE STATE ENGINEER SHALL NOT:
383		-	(I) D
384		-	ESIGNATE MORE THAN THIRTY TOTAL SURFACE ACRES OF POND
385		-	IN ANY COUNTY AS A FIRE SUPPRESSION POND
386		-	; OR
387		-	PAGE 9-SENATE BILL 22-114 (II) DESIGNATE ANY POND AS A FIRE SUPPRESSION POND UNLESS :
388		-	(A) T
389		-	HE POND EXISTED WITH THE SAME OR GREATER SURFACE AREA
390		-	AS OF
391		-	JUNE 1, 1972;
	455	+	HE POND EXISTED WITH THE SAME OR GREATER SURFACE
	456	+	19
	457	+	AREA AS OF JUNE 1, 1972;20
392	458		(B) D
393		-	ECREED STORAGE RIGHTS FOR THE POND ARE LIMITED TO USE
394		-	WITHIN THE POND AND ONLY LIVESTOCK WATERING
395		-	, WILDLIFE, OR OTHER
396		-	NONCONSUMPTIVE USES
397		-	;
	459	+	ECREED STORAGE RIGHTS FOR THE POND ARE LIMITED TO
	460	+	21
	461	+	USE WITHIN THE POND AND ONLY LIVESTOCK WATERING , WILDLIFE, OR22
	462	+	OTHER NONCONSUMPTIVE USES ;23
398	463		(C) T
399	464		HE POND IS NOT INCLUDED AS A STRUCTURE IN A DECREED
400		-	PLAN FOR AUGMENTATION
401		-	, AN APPROPRIATIVE RIGHT OF EXCHANGE , OR A
402		-	STATE
403		-	-APPROVED SUBSTITUTE WATER SUPPLY PLAN ;
	465	+	24
	466	+	PLAN FOR AUGMENTATION , AN APPROPRIATIVE RIGHT OF EXCHANGE , OR25
	467	+	A STATE-APPROVED SUBSTITUTE WATER SUPPLY PLAN ;26
404	468		(D) T
405		-	HE SURFACE AREA OF THE POND DOES NOT EXCEED SIX ACRES ;
	469	+	HE SURFACE AREA OF THE POND DOES NOT EXCEED SIX
	470	+	27
	471	+	114
	472	+	-12- ACRES; 1
406	473		(E) T
407		-	HE BOARD OF COUNTY COMMISSIONERS THAT REQUESTED THE
408		-	DESIGNATION HAS PROVIDED NOTICE OF THE REQUEST TO INTERESTED
409		-	PARTIES INCLUDED IN THE SUBSTITUTE WATER SUPPLY PLAN NOTIFICATION
410		-	LIST ESTABLISHED PURSUANT TO SECTION
411		-	37-92-308 (6) FOR THE WATER
412		-	DIVISION IN WHICH THE POND IS LOCATED
413		-	; AND
414		-	(F) THE STATE ENGINEER DETERMINES THAT EVIDENCE PROVIDED BY
415		-	A HOLDER OF A DECREED WATER RIGHT IN RESPONSE TO THE NOTICE
416		-	DESCRIBED IN SUBSECTION
417		-	(10)(a)(II)(E) OF THIS SECTION WAS INSUFFICIENT
418		-	TO REBUT THE PRESUMPTION OF NO MATERIAL INJURY
419		-	, AS DESCRIBED IN
420		-	SECTION
421		-	37-92-602 (8)(i).
	474	+	HE BOARD OF COUNTY COMMISSIONERS THAT REQUESTED
	475	+	2
	476	+	THE DESIGNATION HAS PROVIDED NOTICE OF THE REQUEST TO INTERESTED3
	477	+	PARTIES INCLUDED IN THE SUBSTITUTE WATER SUPPLY PLAN NOTIFICATION4
	478	+	LIST ESTABLISHED PURSUANT TO SECTION 37-92-308 (6) FOR THE WATER5
	479	+	DIVISION IN WHICH THE POND IS LOCATED; AND6
	480	+	(F) THE STATE ENGINEER DETERMINES THAT EVIDENCE PROVIDED7
	481	+	BY A HOLDER OF A DECREED WATER RIGHT IN RESPONSE TO THE NOTICE8
	482	+	DESCRIBED IN SUBSECTION (10)(a)(I)(E) OF THIS SECTION WAS9
	483	+	INSUFFICIENT TO REBUT THE PRESUMPTION OF NO MATERIAL INJURY, AS10
	484	+	DESCRIBED IN SECTION 37-92-602 (8)(i).11
422	485		(b) T
423	486		HE NOTICE DESCRIBED IN SUBSECTION (10)(a)(II)(E) OF THIS
424		-	~~SECTION MUST INCLUDE~~
425		-	:
	487	+	12
	488	+	SECTION MUST INCLUDE:13
426	489		(I) T
427	490		HE RESULTS OF THE NEEDS ASSESSMENT CONDUCTED FOR THE
428		-	POND PURSUANT TO SECTION
429		-	37-82-107 (3)(a)(II), INCLUDING A SUMMARY
430		-	OF FINDINGS
431		-	;
	491	+	14
	492	+	POND PURSUANT TO SECTION 37-82-107 (3)(a)(II), INCLUDING A SUMMARY15
	493	+	OF FINDINGS;16
432	494		(II) A
433		-	COPY OF THE APPLICATION FOR DESIGNATION OF THE POND AS
434		-	A FIRE SUPPRESSION POND
435		-	; AND
436		-	(III) A STATEMENT THAT A HOLDER OF A DECREED WATER RIGHT HAS
437		-	ONE HUNDRED FORTY DAYS AFTER THE SUBMISSION OF THE APPLICATION TO
438		-	PROVIDE EVIDENCE OF MATERIAL INJURY TO THE STATE ENGINEER
439		-	, AS
440		-	PAGE 10-SENATE BILL 22-114 DESCRIBED IN SECTION 37-92-602 (8)(i).
	495	+	COPY OF THE APPLICATION FOR DESIGNATION OF THE POND
	496	+	17
	497	+	AS A FIRE SUPPRESSION POND; AND18
	498	+	(III) A
	499	+	STATEMENT THAT A HOLDER OF A DECREED WATER RIGHT
	500	+	19
	501	+	HAS ONE HUNDRED FORTY DAYS AFTER THE SUBMISSION OF THE20
	502	+	APPLICATION TO PROVIDE EVIDENCE OF MATERIAL INJURY TO THE STATE21
	503	+	ENGINEER, AS DESCRIBED IN SECTION 37-92-602 (8)(i).22
441	504		(c) I
442	505		N SUBMITTING AN APPLICATION FOR THE DESIGNATION OF A
443		-	POND AS A FIRE SUPPRESSION POND
444		-	, A BOARD OF COUNTY COMMISSIONERS
445		-	MUST INCLUDE WITH THE APPLICATION EVIDENCE THAT THE BOARD
446		-	PROVIDED THE NOTICE DESCRIBED IN SUBSECTION
447		-	(10)(a)(II)(E) OF THIS
448		-	SECTION
449		-	.
450		-	(11) A
451		-	FTER A BOARD OF COUNTY COMMISSIONERS SUBMITS AN
452		-	APPLICATION TO THE STATE ENGINEER FOR THE DESIGNATION OF A FIRE
453		-	SUPPRESSION POND PURSUANT TO SECTION
454		-	37-82-107, A HOLDER OF A
455		-	DECREED WATER RIGHT MAY REQUEST THAT
456		-	, IF THE STATE ENGINEER
457		-	DESIGNATES THE POND AS A FIRE SUPPRESSION POND
458		-	, THE STATE ENGINEER
459		-	SHALL PROVIDE NOTICE OF THE DESIGNATION TO THE HOLDER OF THE
460		-	DECREED WATER RIGHT WITHIN FOURTEEN DAYS AFTER THE DESIGNATION
461		-	.
462		-	I
463		-	F THE STATE ENGINEER RECEIVES SUCH A REQUEST , THE STATE ENGINEER
464		-	SHALL PROVIDE SUCH NOTICE
465		-	.
466		-	(12) (a) W
467		-	ITHIN SEVENTY DAYS AFTER THE STATE ENGINEER
468		-	DESIGNATES A POND AS A FIRE SUPPRESSION POND
469		-	, A HOLDER OF A DECREED
470		-	WATER RIGHT MAY FILE WITH THE WATER CLERK OF THE WATER DIVISION IN
471		-	WHICH THE FIRE SUPPRESSION POND IS LOCATED A PETITION FOR REVIEW OF
472		-	THE STATE ENGINEER
473		-	'S DECISION.
	506	+	23
	507	+	POND AS A FIRE SUPPRESSION POND, A BOARD OF COUNTY COMMISSIONERS24
	508	+	MUST INCLUDE WITH THE APPLICATION EVIDENCE THAT THE BOARD25
	509	+	PROVIDED THE NOTICE DESCRIBED IN SUBSECTION (10)(a)(II)(E) OF THIS26
	510	+	SECTION.27
	511	+	114
	512	+	-13- (11) AFTER A BOARD OF COUNTY COMMISSIONERS SUBMITS AN1
	513	+	APPLICATION TO THE STATE ENGINEER FOR THE DESIGNATION OF A FIRE2
	514	+	SUPPRESSION POND PURSUANT TO SECTION 37-82-107, A HOLDER OF A3
	515	+	DECREED WATER RIGHT MAY REQUEST THAT IF THE STATE ENGINEER4
	516	+	DESIGNATES THE POND AS A FIRE SUPPRESSION POND, THE STATE ENGINEER5
	517	+	SHALL PROVIDE NOTICE OF THE DESIGNATION TO THE HOLDER OF THE6
	518	+	DECREED WATER RIGHT WITHIN FOURTEEN DAYS AFTER THE DESIGNATION.7
	519	+	IF THE STATE ENGINEER RECEIVES SUCH A REQUEST, THE STATE ENGINEER8
	520	+	SHALL PROVIDE SUCH NOTICE.9
	521	+	(12) (a) WITHIN SEVENTY DAYS AFTER THE STATE ENGINEER10
	522	+	DESIGNATES A POND AS A FIRE SUPPRESSION POND , A HOLDER OF A11
	523	+	DECREED WATER RIGHT MAY FILE WITH THE WATER CLERK OF THE WATER12
	524	+	DIVISION IN WHICH THE FIRE SUPPRESSION POND IS LOCATED A PETITION13
	525	+	FOR REVIEW OF THE STATE ENGINEER'S DECISION.14
474	526		(b) U
475		-	PON RECEIVING A PETITION DESCRIBED IN SUBSECTION (12)(a)
476		-	OF THIS SECTION, A WATER JUDGE SHALL CONDUCT A REVIEW OF THE STATE
477		-	ENGINEER
478		-	'S DECISION DE NOVO BASED ON THE ADMINISTRATIVE RECORD .
	527	+	PON RECEIVING A PETITION DESCRIBED IN SUBSECTION (11)(a)
	528	+	15
	529	+	OF THIS SECTION, A WATER JUDGE SHALL CONDUCT A REVIEW OF THE16
	530	+	STATE ENGINEER'S DECISION DE NOVO BASED ON THE ADMINISTRATIVE17
	531	+	RECORD.18
479	532		(c) N
480	533		OTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE
481		-	CONTRARY
482		-	, A WATER JUDGE MAY NULLIFY THE STATE ENGINEER 'S
483		-	DESIGNATION OF A POND AS A FIRE SUPPRESSION POND IF
484		-	, AFTER
485		-	CONSIDERING THE ENTIRE RECORD
486		-	, INCLUDING ANY EVIDENCE OF MATERIAL
487		-	INJURY
488		-	, THE JUDGE FINDS THAT:
	534	+	19
	535	+	CONTRARY, A WATER JUDGE MAY NULLIFY THE STATE ENGINEER 'S20
	536	+	DESIGNATION OF A POND AS A FIRE SUPPRESSION POND IF , AFTER21
	537	+	CONSIDERING THE ENTIRE RECORD , INCLUDING ANY EVIDENCE OF22
	538	+	MATERIAL INJURY, THE JUDGE FINDS THAT:23
489	539		(I) I
490	540		N APPLYING FOR SUCH DESIGNATION, THE BOARD OF COUNTY
491		-	COMMISSIONERS DID NOT DESCRIBE A POND THAT COMPLIES WITH CRITERIA
492		-	ESTABLISHED BY RULES PROMULGATED BY THE DIRECTOR OF THE DIVISION
493		-	OF FIRE PREVENTION AND CONTROL IN THE DEPARTMENT OF PUBLIC SAFETY
494		-	PURSUANT TO SECTION
495		-	37-82-107 (5); OR
496		-	PAGE 11-SENATE BILL 22-114 (II) THE STATE ENGINEER'S DECISION DID NOT ACCORD WITH THE
497		-	REQUIREMENTS SET FORTH IN SUBSECTION
498		-	(10) OF THIS SECTION.
499		-	SECTION 4. In Colorado Revised Statutes, 37-92-602, amend
500		-	(8)(a) and (8)(b) introductory portion; and add (8)(b)(III) and (8)(i) as
501		-	follows:
502		-	37-92-602. Exemptions - presumptions - legislative declaration
503		-	- definitions. (8) (a) The general assembly hereby declares that storm water
504		-	detention and infiltration facilities, and
505		-	post-wildland fire facilities, AND
506		-	FIRE SUPPRESSION PONDS
507		-	are essential for the protection of public safety and
508		-	welfare, property, and the environment.
509		-	(b) For the purposes of
510		-	AS USED IN this subsection (8):
	541	+	24
	542	+	COMMISSIONERS DID NOT DESCRIBE A POND THAT COMPLIES WITH25
	543	+	CRITERIA ESTABLISHED BY RULES PROMULGATED BY THE DIRECTOR OF THE26
	544	+	DIVISION OF FIRE PREVENTION AND CONTROL IN THE DEPARTMENT OF27
	545	+	114
	546	+	-14- PUBLIC SAFETY PURSUANT TO SECTION 37-82-107 (5); OR1
	547	+	(II) T
	548	+	HE STATE ENGINEER'S DECISION DID NOT ACCORD WITH THE
	549	+	2
	550	+	REQUIREMENTS SET FORTH IN SUBSECTION (10) OF THIS SECTION.3
	551	+	SECTION 4. In Colorado Revised Statutes, 37-92-602, amend4
	552	+	(8)(a) and (8)(b) introductory portion; and add (8)(b)(III) and (8)(i) as5
	553	+	follows:6
	554	+	37-92-602. Exemptions - presumptions - legislative declaration7
	555	+	- definitions. (8) (a) The general assembly hereby declares that storm8
	556	+	water detention and infiltration facilities, and post-wildland fire facilities,9
	557	+	AND FIRE SUPPRESSION PONDS are essential for the protection of public10
	558	+	safety and welfare, property, and the environment.11
	559	+	(b) For the purposes of AS USED IN this subsection (8):12
511	560		(III) "F
512	561		IRE SUPPRESSION POND" MEANS A POND WITH WATER THAT
513		-	~~MAY BE USED IN A FIRE EMERGENCY~~
514		-	, WHICH POND HAS BEEN:
	562	+	13
	563	+	MAY BE USED IN A FIRE EMERGENCY, WHICH POND HAS BEEN:14
515	564		(A) I
516		-	DENTIFIED AS A POTENTIAL FIRE SUPPRESSION POND BY A BOARD
517		-	OF COUNTY COMMISSIONERS IN CONSULTATION WITH A FIRE PROTECTION
518		-	DISTRICT OR FIRE AUTHORITY PURSUANT TO SECTION
519		-	37-82-107; AND
520		-	(B) DESIGNATED AS A FIRE SUPPRESSION POND BY THE STATE
521		-	ENGINEER PURSUANT TO SECTION
522		-	37-80-124.
	565	+	DENTIFIED AS A POTENTIAL FIRE SUPPRESSION POND BY A15
	566	+	BOARD OF COUNTY COMMISSIONERS IN CONSULTATION WITH A FIRE16
	567	+	PROTECTION DISTRICT
	568	+	OR FIRE AUTHORITY PURSUANT TO SECTION17
	569	+	37-82-107;
	570	+	AND18
	571	+	(B) D
	572	+	ESIGNATED AS A FIRE SUPPRESSION POND BY THE STATE19
	573	+	ENGINEER PURSUANT TO SECTION 37-80-124.20
523	574		(i) I
524	575		F A BOARD OF COUNTY COMMISSIONERS APPLIES TO THE STATE
525		-	ENGINEER FOR THE DESIGNATION OF A FIRE SUPPRESSION POND PURSUANT TO
526		-	SECTION
527		-	37-82-107, AND THE REQUIREMENTS OF SECTION 37-80-124 (10)
528		-	AND ANY RULES PROMULGATED BY THE DIVISION OF FIRE PREVENTION AND
529		-	CONTROL PURSUANT TO SECTION
530		-	37-82-107 (5) ARE SATISFIED, THE
531		-	PROPOSED FIRE SUPPRESSION POND IS PRESUMED TO CAUSE NO MATERIAL
532		-	INJURY TO THE VESTED WATER RIGHTS OF OTHERS
533		-	. A HOLDER OF A DECREED
534		-	WATER RIGHT MAY REBUT THE PRESUMPTION BY PROVIDING EVIDENCE TO
535		-	THE STATE ENGINEER SUFFICIENT TO SHOW THAT MATERIAL INJURY HAS
536		-	OCCURRED OR WILL OCCUR TO THE DECREED WATER RIGHT
537		-	.
538		-	SECTION 5. Appropriation. (1) For the 2022-23 state fiscal year,
539		-	$19,428 is appropriated to the department of natural resources for use by the
540		-	executive director's office. This appropriation is from the general fund. To
541		-	implement this act, the department may use this appropriation as follows:
542		-	PAGE 12-SENATE BILL 22-114 (a) $11,828 for the purchase of legal services.
543		-	(b) $7,600 for the purchase of information technology services.
544		-	(2) For the 2022-23 state fiscal year, $11,828 is appropriated to the
545		-	department of law. This appropriation is from reappropriated funds received
546		-	from the department of natural resources under subsection (1)(a) of this
547		-	section. To implement this act, the department of law may use this
548		-	appropriation to provide legal services for the department of natural
549		-	resources.
550		-	(3) For the 2022-23 state fiscal year, $7,600 is appropriated to the
551		-	office of the governor for use by the office of information technology. This
552		-	appropriation is from reappropriated funds received from the department of
553		-	natural resources under subsection (1)(b) of this section. To implement this
554		-	act, the office may use this appropriation to provide information technology
555		-	services for the department of natural resources.
556		-	SECTION 6. Act subject to petition - effective date. This act
557		-	takes effect at 12:01 a.m. on the day following the expiration of the
558		-	ninety-day period after final adjournment of the general assembly; except
559		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
560		-	of the state constitution against this act or an item, section, or part of this act
561		-	within such period, then the act, item, section, or part will not take effect
562		-	unless approved by the people at the general election to be held in
563		-	PAGE 13-SENATE BILL 22-114 November 2022 and, in such case, will take effect on the date of the official
564		-	declaration of the vote thereon by the governor.
565		-	____________________________ ____________________________
566		-	Steve Fenberg Alec Garnett
567		-	PRESIDENT OF SPEAKER OF THE HOUSE
568		-	THE SENATE OF REPRESENTATIVES
569		-	____________________________ ____________________________
570		-	Cindi L. Markwell Robin Jones
571		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
572		-	THE SENATE OF REPRESENTATIVES
573		-	APPROVED________________________________________
574		-	(Date and Time)
575		-	_________________________________________
576		-	Jared S. Polis
577		-	GOVERNOR OF THE STATE OF COLORADO
578		-	PAGE 14-SENATE BILL 22-114
	576	+	21
	577	+	ENGINEER FOR THE DESIGNATION OF A FIRE SUPPRESSION POND PURSUANT22
	578	+	TO SECTION 37-82-107, AND THE REQUIREMENTS OF SECTION 37-80-12423
	579	+	(10)
	580	+	AND ANY RULES PROMULGATED BY THE DIVISION OF FIRE PREVENTION
	581	+	24
	582	+	AND CONTROL PURSUANT TO SECTION 37-82-107 (5) ARE SATISFIED, THE25
	583	+	PROPOSED FIRE SUPPRESSION POND IS PRESUMED TO CAUSE NO MATERIAL26
	584	+	INJURY TO THE VESTED WATER RIGHTS OF OTHERS . A HOLDER OF A27
	585	+	114
	586	+	-15- DECREED WATER RIGHT MAY REBUT THE PRESUMPTION BY PROVIDING1
	587	+	EVIDENCE TO THE STATE ENGINEER SUFFICIENT TO SHOW THAT MATERIAL2
	588	+	INJURY HAS OCCURRED OR WILL OCCUR TO THE DECREED WATER RIGHT .3
	589	+	SECTION 5. Appropriation. (1) For the 2022-23 state fiscal4
	590	+	year, $19,428 is appropriated to the department of natural resources for5
	591	+	use by the executive director's office. This appropriation is from the6
	592	+	general fund. To implement this act, the department may use this7
	593	+	appropriation as follows:8
	594	+	(a) $11,828 for the purchase of legal services.9
	595	+	(b) $7,600 for the purchase of information technology services.10
	596	+	(2) For the 2022-23 state fiscal year, $11,828 is appropriated to11
	597	+	the department of law. This appropriation is from reappropriated funds12
	598	+	received from the department of natural resources under subsection (1)(a)13
	599	+	of this section. To implement this act, the department of law may use this14
	600	+	appropriation to provide legal services for the department of natural15
	601	+	resources.16
	602	+	(3) For the 2022-23 state fiscal year, $7,600 is appropriated to the17
	603	+	office of the governor for use by the office of information technology.18
	604	+	This appropriation is from reappropriated funds received from the19
	605	+	department of natural resources under subsection (1)(b) of this section. To20
	606	+	implement this act, the office may use this appropriation to provide21
	607	+	information technology services for the department of natural resources.22
	608	+	SECTION 6. Act subject to petition - effective date. This act23
	609	+	takes effect at 12:01 a.m. on the day following the expiration of the24
	610	+	ninety-day period after final adjournment of the general assembly; except25
	611	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V26
	612	+	of the state constitution against this act or an item, section, or part of this27
	613	+	114
	614	+	-16- act within such period, then the act, item, section, or part will not take1
	615	+	effect unless approved by the people at the general election to be held in2
	616	+	November 2022 and, in such case, will take effect on the date of the3
	617	+	official declaration of the vote thereon by the governor.4
	618	+	114
	619	+	-17-