First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 23-0857.01 Christopher McMichael x4775
SENATE BILL 23-177
Senate Committees House Committees
Agriculture & Natural Resources Agri culture, Water & Natural Resources
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING THE FUNDING OF COLORADO WATER CONSERVATION101
BOARD PROJECTS, AND, IN CONNECTION THEREWITH , MAKING102
AN APPROPRIATION.103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill appropriates the following amounts for the 2023-24 state
fiscal year from the Colorado water conservation board (CWCB)
construction fund to the CWCB or the division of water resources in the
department of natural resources for the following projects:
! Continuation of the satellite monitoring system, $380,000
HOUSE
3rd Reading Unamended
April 24, 2023
HOUSE
Amended 2nd Reading
April 21, 2023
SENATE
3rd Reading Unamended
April 10, 2023
SENATE
Amended 2nd Reading
April 6, 2023
SENATE SPONSORSHIP
Roberts and Simpson, Bridges, Buckner, Coleman, Cutter, Exum, Fenberg, Gardner,
Gonzales, Hansen, Hinrichsen, Jaquez Lewis, Kirkmeyer, Lundeen, Marchman, Mullica,
Pelton B., Pelton R., Priola, Rodriguez, Will, Winter F., Zenzinger
HOUSE SPONSORSHIP
McCormick and Catlin, Amabile, Armagost, Bacon, Bird, Bockenfeld, Boesenecker,
Bradley, Brown, English, Epps, Frizell, Hamrick, Hartsook, Herod, Holtorf, Jodeh, Kipp,
Lieder, Lindsay, Lindstedt, Lukens, Lynch, McCluskie, Michaelson Jenet, Ricks, Sirota,
Snyder, Story, Titone, Velasco, Vigil, Weinberg, Weissman, Willford, Winter T., Woodrow,
Young
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. (section 1 of the bill);
! Continuation of the floodplain map modernization
program, $500,000 (section 2);
! Continuation of the weather modification permitting
program, $500,000 (section 3);
! Continuation of the watershed restoration program,
$500,000 (section 6);
! Continuation of the Colorado Mesonet project, $150,000
(section 7);
! Continuation of the weather forecasting partnership project,
$1,000,000 (section 8);
! Support for the division of water resources mobile field
data collection application project, $800,000 (section 9);
! Continuation of the reservoir enlargement assessment
project, $1,000,000 (section 11);
! Support for the central Colorado water conservancy district
augmentation efficiency project, $3,000,000 (section 15);
and
! Support for the state water plan action advancement
project, $2,000,000 (section 16).
The bill directs the state treasurer to transfer the following
amounts on July 1, 2023, from the severance tax perpetual base fund to
the CWCB construction fund, and appropriates those amounts from the
CWCB construction fund to the CWCB for the following projects:
! Continuation of the Platte river recovery implementation
program, $19,000,000 (section 12);
! Support for the upper Colorado river endangered fish
recovery program and the San Juan river basin recovery
implementation program, $15,000,000 (section 13); and
! Additional and continued support for the Frying Pan -
Arkansas project, $20,000,000 (section 14).
The bill directs the state treasurer to transfer the following
amounts from the CWCB construction fund on July 1, 2023:
! $2,000,000 to restore the fish and wildlife resources fund
(section 4);
! Up to $2,000,000 to the CWCB litigation fund (section 5);
and
! $2,000,000 to the water plan implementation cash fund for
continuation of the water plan implementation grant
program (section 10).
Section 17 appropriates $10,600,000 of sports betting revenues
from the water plan implementation cash fund and $2,000,000 from the
CWCB construction fund to the CWCB to fund grants that will help
implement the state water plan.
Section 18 appropriates $8,000,000 from the wildlife cash fund to
177
-2- the division of parks and wildlife to purchase up to 924 acre-feet of
orphan shares from the CWCB as part of the Chatfield reservoir
reallocation project.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Continuation of the satellite monitoring system2
- operation and maintenance - appropriation. (1) For the 2023-243
state fiscal year, $380,000 is appropriated to the department of natural4
resources for use by the division of water resources. This appropriation5
is from the Colorado water conservation board construction fund created6
in section 37-60-121, C.R.S. To implement this section, the division of7
water resources may use this appropriation to install, maintain, and8
operate satellite monitored stream gauges and lysimeters for water rights9
administration and data collection pursuant to section 37-80-102 (10),10
C.R.S.11
(2) The money appropriated in subsection (1) of this section12
remains available for the designated purposes until it is fully expended.13
SECTION 2. Continuation of the Colorado floodplain map14
modernization program - appropriation. (1) For the 2023-24 state15
fiscal year, $500,000 is appropriated to the department of natural16
resources for use by the Colorado water conservation board. This17
appropriation is from the Colorado water conservation board construction18
fund created in section 37-60-121, C.R.S. To implement this section, the19
Colorado water conservation board may use this appropriation to continue20
to assist with the preparation of revised and improved floodplain studies21
and maps for communities throughout Colorado and participate in22
federally sponsored floodplain map modernization activities.23
(2) The money appropriated in subsection (1) of this section24
177-3- remains available for the designated purposes until it is fully expended.1
SECTION 3. Continuation of the weather modification2
permitting program - appropriation. (1) For the 2023-24 state fiscal3
year, $500,000 is appropriated to the department of natural resources for4
use by the Colorado water conservation board. This appropriation is from5
the Colorado water conservation board construction fund created in6
section 37-60-121, C.R.S. To implement this section, the Colorado water7
conservation board may use this appropriation to assist water8
conservation and conservancy districts with the development of cloud9
seeding programs to provide benefits to recreation, streams, and10
reservoirs through snowpack enhancement.11
(2) The money appropriated in subsection (1) of this section12
remains available for the designated purposes until it is fully expended.13
SECTION 4. Restoration of fish and wildlife resources fund14
balance - transfer. On July 1, 2023, the state treasurer shall transfer15
$2,000,000 from the unreserved cash in the Colorado water conservation16
board construction fund created in section 37-60-121, C.R.S., to the fish17
and wildlife resources fund created in section 37-60-121 (6), C.R.S., to18
continue grant-making to assist with the mitigation of fish and wildlife19
resources affected by the construction, operation, or maintenance of water20
diversion, delivery, or storage facilities.21
SECTION 5. Restoration of litigation fund cash balance -22
transfer. On July 1, 2023, the state treasurer shall transfer $2,000,000, or23
so much thereof as may be necessary to restore the balance of the24
litigation fund to $2,000,000, from the unreserved cash in the Colorado25
water conservation board construction fund created in section 37-60-121,26
C.R.S., to the litigation fund created in section 37-60-121 (2.5), C.R.S.,27
177
-4- to assist in addressing legal issues associated with compact compliance1
or any other litigation activities as specified under section 37-60-121,2
C.R.S.3
SECTION 6. Continuation of the watershed restoration4
program - appropriation. (1) For the 2023-24 state fiscal year,5
$500,000 is appropriated to the department of natural resources for use6
by the Colorado water conservation board. This appropriation is from the7
Colorado water conservation board construction fund created in section8
37-60-121, C.R.S. To implement this section, the Colorado water9
conservation board may use this appropriation to provide planning,10
engineering, and implementation measures to address technical needs for11
watershed restoration and flood mitigation projects throughout the state;12
aquatic habitat protection; flexible operations for multiple uses;13
restoration work; quantification of environmental flow needs; and14
monitoring efforts to support healthy stream and watershed goals outlined15
in the state water plan.16
(2) The money appropriated in subsection (1) of this section17
remains available for the designated purposes until it is fully expended.18
SECTION 7. Continuation of the Colorado Mesonet project19
- appropriation. (1) For the 2023-24 state fiscal year, $150,000 is20
appropriated to the department of natural resources for use by the21
Colorado water conservation board. This appropriation is from the22
Colorado water conservation board construction fund created in section23
37-60-121, C.R.S. To implement this section, the Colorado water24
conservation board may use this appropriation to support the Colorado25
Mesonet, including for the following activities: Operation, maintenance,26
travel, communications, and database and website management for27
177
-5- temperature and precipitation stations.1
(2) The money appropriated in subsection (1) of this section2
remains available for the designated purposes until it is fully expended.3
SECTION 8. Continuation of the water forecasting4
partnership project - appropriation. (1) For the 2023-24 state fiscal5
year, $1,000,000 is appropriated to the department of natural resources6
for use by the Colorado water conservation board. This appropriation is7
from the Colorado water conservation board construction fund created in8
section 37-60-121, C.R.S. To implement this section, the Colorado water9
conservation board may use this appropriation to support the development10
of new ground and aerial remote sensing data, to develop hydrologic11
modeling practices, to provide reliable volumetric water supply12
forecasting, and to provide better characterization of snowpack.13
(2) The money appropriated in subsection (1) of this section14
remains available for the designated purposes until it is fully expended.15
SECTION 9. Division of water resources mobile field data16
collection application project - appropriation. (1) For the 2023-2417
state fiscal year, $800,000 is appropriated to the department of natural18
resources for use by the division of water resources. This appropriation19
is from the Colorado water conservation board construction fund created20
in section 37-60-121, C.R.S. To implement this section, the division of21
water resources may use this appropriation to develop a mobile22
application for phone operating systems that will allow division23
employees to perform work more efficiently and provide updated24
information in real time.25
(2) The money appropriated in subsection (1) of this section26
remains available for the designated purposes until it is fully expended.27
177
-6- SECTION 10. Grant-making for projects that assist in1
implementing the state water plan - transfer. On July 1, 2023, the state2
treasurer shall transfer $2,000,000 from the unreserved cash in the3
Colorado water conservation board construction fund created in section4
37-60-121, C.R.S., to the water plan implementation cash fund created in5
section 37-60-123.3 (1)(a), C.R.S., to provide additional grant funding for6
projects that assist with the implementation of the state water plan.7
SECTION 11. Continuation of the reservoir enlargement8
assessment project - appropriation. (1) For the 2023-24 state fiscal9
year, $1,000,000 is appropriated to the department of natural resources10
for use by the division of water resources. This appropriation is from the11
Colorado water conservation board construction fund created in section12
37-60-121, C.R.S. To implement this section, the division of water13
resources may use this appropriation to conduct comprehensive dam14
safety evaluations on existing dams that are under potential consideration15
for enlargement.16
(2) The money appropriated in subsection (1) of this section17
remains available for the designated purposes until it is fully expended.18
SECTION 12. Continuation of the Platte river recovery19
implementation program - transfer - appropriation. (1) On July 1,20
2023, the state treasurer shall transfer $19,000,000 from the severance tax21
perpetual base fund created in section 39-29-109 (2)(a)(I.5), C.R.S., to the22
Colorado water conservation board construction fund created in section23
37-60-121, C.R.S., to support the Platte river recovery implementation24
program.25
(2) (a) For the 2023-24 state fiscal year, $19,000,000 is26
appropriated to the department of natural resources for use by the27
177
-7- Colorado water conservation board. This appropriation is from the1
Colorado water conservation board construction fund created in section2
37-60-121, C.R.S. To implement this section, the Colorado water3
conservation board may use this appropriation to support the Platte river4
recovery implementation program, which implements certain aspects of5
the United States fish and wildlife service's recovery plans for the6
whooping crane, pallid sturgeon, and piping plover and provides7
compliance with the "Endangered Species Act of 1973", 16 U.S.C. sec.8
1531, et seq., as amended, for Colorado water projects.9
(b) The money appropriated in subsection (2)(a) of this section10
remains available for the designated purposes until it is fully expended.11
SECTION 13. Upper Colorado river endangered fish recovery12
program and San Juan river basin recovery implementation program13
- transfer - appropriation. (1) On July 1, 2023, the state treasurer shall14
transfer $15,000,000 from the severance tax perpetual base fund created15
in section 39-29-109 (2)(a)(I.5), C.R.S., to the Colorado water16
conservation board construction fund created in section 37-60-121,17
C.R.S., to support the upper Colorado river endangered fish recovery18
program and the San Juan river basin recovery implementation program.19
(2) (a) For the 2023-24 state fiscal year, $15,000,000 is20
appropriated to the department of natural resources for use by the21
Colorado water conservation board. This appropriation is from the22
Colorado water conservation board construction fund created in section23
37-60-121, C.R.S. To implement this section, the Colorado water24
conservation board may use this appropriation to support the upper25
Colorado river endangered fish recovery program and the San Juan river26
basin recovery implementation program, which ensures compliance with27
177
-8- the "Endangered Species Act of 1973", 16 U.S.C. sec. 1531, et seq., as1
amended, for Colorado water users, and contributes to the protection of2
at least four endangered or threatened fish species.3
(b) The money appropriated in subsection (2)(a) of this section4
remains available for the designated purposes until it is fully expended.5
SECTION 14. In Session Laws of Colorado 2020, section 17 of6
chapter 150, (HB 20-1403), amend (2) as follows:7
Section 17. Frying Pan - Arkansas project loan authorization8
- transfer - appropriation. (2) (a) On July 1, 2020, the state treasurer9
shall transfer the sum of $10,000,000, AND ON JULY 1, 2023, THE STATE10
TREASURER SHALL TRANSFER $20,000,000, from the severance tax11
perpetual base fund created in section 39-29-109 (2)(a) (2)(a)(I.5),12
C.R.S., to the Colorado water conservation board construction fund13
created in section 37-60-121, C.R.S., to grant money to
EITHER the14
southeastern Colorado water conservancy district
OR OTERO COUNTY to15
provide nonfederal cost-share funding for the Frying Pan-Arkansas16
project, which project helps provide quality drinking water to six counties17
in the lower Arkansas valley.18
(b) (I) For the 2020-21 state fiscal year $10,000,000 is
THE19
FOLLOWING AMOUNTS ARE appropriated to the department of natural20
resources for use by the Colorado water conservation board This21
appropriation is IN THE SPECIFIED STATE FISCAL YEARS:22
(A) F
OR THE 2020-21 STATE FISCAL YEAR, $10,000,000; AND23
(B) F
OR THE 2023-24 STATE FISCAL YEAR, $20,000,000.24
(II) T
HE APPROPRIATIONS SPECIFIED IN SUBSECTION (2)(b)(I) OF25
THIS SECTION ARE from the Colorado water conservation board26
construction fund created in section 37-60-121, C.R.S. To implement this27
177
-9- subsection (2), the Colorado water conservation board may use this1
appropriation THESE APPROPRIATIONS to grant money to EITHER the2
southeastern Colorado water conservancy district
OR OTERO COUNTY to3
provide nonfederal cost-share funding for the Frying Pan-Arkansas4
project, which project helps provide quality drinking water to six counties5
in the lower Arkansas valley.6
(II)
(III) The money appropriated in subsection (2)(b)(I) of this7
section remains available for the designated purposes until it is fully8
expended.9
SECTION 15. Central Colorado water conservancy district10
augmentation efficiency project - appropriation. (1) For the 2023-2411
state fiscal year, $3,000,000 is appropriated to the department of natural12
resources for use by the Colorado water conservation board. This13
appropriation is from the Colorado water conservation board construction14
fund created in section 37-60-121, C.R.S. To implement this section, the15
Colorado water conservation board may use this appropriation to support16
the groundwater management subdistrict of the central Colorado water17
conservancy district with improving the efficiency and effectiveness of18
its augmentation plans. The augmentation efficiency project includes19
construction of pipelines, augmentation wells, and groundwater recharge20
sites.21
(2) The money appropriated in subsection (1) of this section22
remains available for the designated purposes until it is fully expended.23
SECTION 16. State water plan advancement project -24
appropriation. (1) For the 2023-24 state fiscal year, $2,000,000 is25
appropriated to the department of natural resources for use by the26
Colorado water conservation board. This appropriation is from the27
177
-10- Colorado water conservation board construction fund created in section1
37-60-121, C.R.S. To implement this section, the Colorado water2
conservation board may use this appropriation to implement identified3
actions under the 2023 state water plan, including developing tools,4
convening stakeholder groups, and conducting research and data analysis.5
The appropriation will be used for projects that include an evaluation of6
municipal water conservation standards, an economic analysis of7
agricultural opportunities, the development of watershed planning8
platforms, and the establishment of a framework for drought-ready9
communities.10
(2) The money appropriated in subsection (1) of this section11
remains available for the designated purposes until it is fully expended.12
SECTION 17. Grant-making for projects that assist in13
implementing the state water plan - appropriation. (1) For the14
2023-24 state fiscal year, $25,200,000 is appropriated to the department15
of natural resources for use by the Colorado water conservation board.16
This appropriation is from the water plan implementation cash fund17
created in section 37-60-123.3 (1)(a), C.R.S. To implement this18
subsection (1), the Colorado water conservation board may use this19
appropriation for grant-making for projects that assist in the20
implementation of the state water plan pursuant to section 37-60-106.321
(6), C.R.S., through the Colorado water conservation board's application22
and guidelines process.23
(2) The money appropriated in subsection (1) of this section24
remains available for the designated purposes until it is fully expended.25
26
SECTION 18. Chatfield reservoir reallocation project -27
177
-11- orphan shares purchase - appropriation. (1) For the 2023-24 state1
fiscal year, $8,000,000 is appropriated to the department of natural2
resources for use by the division of parks and wildlife. This appropriation3
is from the wildlife cash fund created in section 33-1-112 (1), C.R.S. To4
implement this section, the division of parks and wildlife may use this5
appropriation for the purchase of up to 924 acre-feet of orphan shares6
owned by the Colorado water conservation board as part of the Chatfield7
reservoir reallocation project.8
(2) The money appropriated in subsection (1) of this section9
remains available for the designated purposes until it is fully expended.10
SECTION 19. Safety clause. The general assembly hereby finds,11
determines, and declares that this act is necessary for the immediate12
preservation of the public peace, health, or safety.13
177
-12-