Colorado 2023 Regular Session

Colorado Senate Bill SB177 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 23-0857.01 Christopher McMichael x4775
1	8		SENATE BILL 23-177
2		-	BY SENATOR(S) Roberts and Simpson, Bridges, Buckner, Coleman,
3		-	Cutter, Exum, Gardner, Gonzales, Hansen, Hinrichsen, Jaquez Lewis,
4		-	Kirkmeyer, Lundeen, Marchman, Moreno, Mullica, Pelton B., Pelton R.,
5		-	Priola, Rodriguez, Van Winkle, Will, Winter F., Zenzinger, Fenberg;
6		-	also REPRESENTATIVE(S) McCormick and Catlin, Amabile, Armagost,
7		-	Bacon, Bird, Bockenfeld, Boesenecker, Bradley, Brown, English, Epps,
8		-	Frizell, Hamrick, Hartsook, Herod, Holtorf, Jodeh, Kipp, Lieder, Lindsay,
9		-	Lindstedt, Lukens, Lynch, Michaelson Jenet, Ricks, Sirota, Snyder, Story,
10		-	Titone, Velasco, Vigil, Weinberg, Weissman, Willford, Winter T.,
11		-	Woodrow, Young, McCluskie.
	9	+	Senate Committees House Committees
	10	+	Agriculture & Natural Resources Agri culture, Water & Natural Resources
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
12	13		C
13		-	ONCERNING THE FUNDING OF COLORADO WATER CONSERVATION BOARD
14		-	PROJECTS
15		-	, AND, IN CONNECTION THEREWITH , MAKING AN
16		-	APPROPRIATION
17		-	.
18		-
19		-	Be it enacted by the General Assembly of the State of Colorado:
20		-	SECTION 1. Continuation of the satellite monitoring system -
21		-	operation and maintenance - appropriation. (1) For the 2023-24 state
22		-	fiscal year, $380,000 is appropriated to the department of natural resources
23		-	for use by the division of water resources. This appropriation is from the
24		-	Colorado water conservation board construction fund created in section
25		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
26		-	officers and the Governor. To determine whether the Governor has signed the bill
27		-	or taken other action on it, please consult the legislative status sheet, the legislative
28		-	history, or the Session Laws.
29		-	________
30		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
31		-	through words or numbers indicate deletions from existing law and such material is not part of
32		-	the act. 37-60-121, C.R.S. To implement this section, the division of water
33		-	resources may use this appropriation to install, maintain, and operate
34		-	satellite monitored stream gauges and lysimeters for water rights
35		-	administration and data collection pursuant to section 37-80-102 (10),
36		-	C.R.S.
37		-	(2) The money appropriated in subsection (1) of this section remains
38		-	available for the designated purposes until it is fully expended.
39		-	SECTION 2. Continuation of the Colorado floodplain map
40		-	modernization program - appropriation. (1) For the 2023-24 state fiscal
41		-	year, $500,000 is appropriated to the department of natural resources for use
42		-	by the Colorado water conservation board. This appropriation is from the
43		-	Colorado water conservation board construction fund created in section
44		-	37-60-121, C.R.S. To implement this section, the Colorado water
45		-	conservation board may use this appropriation to continue to assist with the
46		-	preparation of revised and improved floodplain studies and maps for
47		-	communities throughout Colorado and participate in federally sponsored
48		-	floodplain map modernization activities.
49		-	(2) The money appropriated in subsection (1) of this section remains
50		-	available for the designated purposes until it is fully expended.
51		-	SECTION 3. Continuation of the weather modification
52		-	permitting program - appropriation. (1) For the 2023-24 state fiscal
53		-	year, $500,000 is appropriated to the department of natural resources for use
54		-	by the Colorado water conservation board. This appropriation is from the
55		-	Colorado water conservation board construction fund created in section
56		-	37-60-121, C.R.S. To implement this section, the Colorado water
57		-	conservation board may use this appropriation to assist water conservation
58		-	and conservancy districts with the development of cloud seeding programs
59		-	to provide benefits to recreation, streams, and reservoirs through snowpack
60		-	enhancement.
61		-	(2) The money appropriated in subsection (1) of this section remains
62		-	available for the designated purposes until it is fully expended.
63		-	SECTION 4. Restoration of fish and wildlife resources fund
64		-	balance - transfer. On July 1, 2023, the state treasurer shall transfer
65		-	$2,000,000 from the unreserved cash in the Colorado water conservation
66		-	PAGE 2-SENATE BILL 23-177 board construction fund created in section 37-60-121, C.R.S., to the fish and
67		-	wildlife resources fund created in section 37-60-121 (6), C.R.S., to continue
68		-	grant-making to assist with the mitigation of fish and wildlife resources
69		-	affected by the construction, operation, or maintenance of water diversion,
70		-	delivery, or storage facilities.
71		-	SECTION 5. Restoration of litigation fund cash balance -
72		-	transfer. On July 1, 2023, the state treasurer shall transfer $2,000,000, or
73		-	so much thereof as may be necessary to restore the balance of the litigation
74		-	fund to $2,000,000, from the unreserved cash in the Colorado water
75		-	conservation board construction fund created in section 37-60-121, C.R.S.,
76		-	to the litigation fund created in section 37-60-121 (2.5), C.R.S., to assist in
77		-	addressing legal issues associated with compact compliance or any other
78		-	litigation activities as specified under section 37-60-121, C.R.S.
79		-	SECTION 6. Continuation of the watershed restoration
80		-	program - appropriation. (1) For the 2023-24 state fiscal year, $500,000
81		-	is appropriated to the department of natural resources for use by the
82		-	Colorado water conservation board. This appropriation is from the Colorado
83		-	water conservation board construction fund created in section 37-60-121,
84		-	C.R.S. To implement this section, the Colorado water conservation board
85		-	may use this appropriation to provide planning, engineering, and
86		-	implementation measures to address technical needs for watershed
87		-	restoration and flood mitigation projects throughout the state; aquatic
88		-	habitat protection; flexible operations for multiple uses; restoration work;
89		-	quantification of environmental flow needs; and monitoring efforts to
90		-	support healthy stream and watershed goals outlined in the state water plan.
91		-	(2) The money appropriated in subsection (1) of this section remains
92		-	available for the designated purposes until it is fully expended.
93		-	SECTION 7. Continuation of the Colorado Mesonet project -
94		-	appropriation. (1) For the 2023-24 state fiscal year, $150,000 is
95		-	appropriated to the department of natural resources for use by the Colorado
96		-	water conservation board. This appropriation is from the Colorado water
97		-	conservation board construction fund created in section 37-60-121, C.R.S.
98		-	To implement this section, the Colorado water conservation board may use
99		-	this appropriation to support the Colorado Mesonet, including for the
100		-	following activities: Operation, maintenance, travel, communications, and
101		-	database and website management for temperature and precipitation
102		-	PAGE 3-SENATE BILL 23-177 stations.
103		-	(2) The money appropriated in subsection (1) of this section remains
104		-	available for the designated purposes until it is fully expended.
105		-	SECTION 8. Continuation of the water forecasting partnership
106		-	project - appropriation. (1) For the 2023-24 state fiscal year, $1,000,000
107		-	is appropriated to the department of natural resources for use by the
108		-	Colorado water conservation board. This appropriation is from the Colorado
109		-	water conservation board construction fund created in section 37-60-121,
110		-	C.R.S. To implement this section, the Colorado water conservation board
111		-	may use this appropriation to support the development of new ground and
112		-	aerial remote sensing data, to develop hydrologic modeling practices, to
113		-	provide reliable volumetric water supply forecasting, and to provide better
114		-	characterization of snowpack.
115		-	(2) The money appropriated in subsection (1) of this section remains
116		-	available for the designated purposes until it is fully expended.
117		-	SECTION 9. Division of water resources mobile field data
118		-	collection application project - appropriation. (1) For the 2023-24 state
119		-	fiscal year, $800,000 is appropriated to the department of natural resources
120		-	for use by the division of water resources. This appropriation is from the
121		-	Colorado water conservation board construction fund created in section
122		-	37-60-121, C.R.S. To implement this section, the division of water
123		-	resources may use this appropriation to develop a mobile application for
124		-	phone operating systems that will allow division employees to perform
125		-	work more efficiently and provide updated information in real time.
126		-	(2) The money appropriated in subsection (1) of this section remains
127		-	available for the designated purposes until it is fully expended.
128		-	SECTION 10. Grant-making for projects that assist in
129		-	implementing the state water plan - transfer. On July 1, 2023, the state
130		-	treasurer shall transfer $2,000,000 from the unreserved cash in the Colorado
131		-	water conservation board construction fund created in section 37-60-121,
132		-	C.R.S., to the water plan implementation cash fund created in section
133		-	37-60-123.3 (1)(a), C.R.S., to provide additional grant funding for projects
134		-	that assist with the implementation of the state water plan.
135		-	PAGE 4-SENATE BILL 23-177 SECTION 11. Continuation of the reservoir enlargement
136		-	assessment project - appropriation. (1) For the 2023-24 state fiscal year,
137		-	$1,000,000 is appropriated to the department of natural resources for use by
138		-	the division of water resources. This appropriation is from the Colorado
139		-	water conservation board construction fund created in section 37-60-121,
140		-	C.R.S. To implement this section, the division of water resources may use
141		-	this appropriation to conduct comprehensive dam safety evaluations on
142		-	existing dams that are under potential consideration for enlargement.
143		-	(2) The money appropriated in subsection (1) of this section remains
144		-	available for the designated purposes until it is fully expended.
145		-	SECTION 12. Continuation of the Platte river recovery
146		-	implementation program - transfer - appropriation. (1) On July 1,
147		-	2023, the state treasurer shall transfer $19,000,000 from the severance tax
148		-	perpetual base fund created in section 39-29-109 (2)(a)(I.5), C.R.S., to the
149		-	Colorado water conservation board construction fund created in section
150		-	37-60-121, C.R.S., to support the Platte river recovery implementation
151		-	program.
152		-	(2) (a) For the 2023-24 state fiscal year, $19,000,000 is appropriated
153		-	to the department of natural resources for use by the Colorado water
154		-	conservation board. This appropriation is from the Colorado water
155		-	conservation board construction fund created in section 37-60-121, C.R.S.
156		-	To implement this section, the Colorado water conservation board may use
157		-	this appropriation to support the Platte river recovery implementation
158		-	program, which implements certain aspects of the United States fish and
159		-	wildlife service's recovery plans for the whooping crane, pallid sturgeon,
160		-	and piping plover and provides compliance with the "Endangered Species
161		-	Act of 1973", 16 U.S.C. sec. 1531, et seq., as amended, for Colorado water
162		-	projects.
163		-	(b) The money appropriated in subsection (2)(a) of this section
164		-	remains available for the designated purposes until it is fully expended.
165		-	SECTION 13. Upper Colorado river endangered fish recovery
166		-	program and San Juan river basin recovery implementation program
167		-	- transfer - appropriation. (1) On July 1, 2023, the state treasurer shall
168		-	transfer $15,000,000 from the severance tax perpetual base fund created in
169		-	section 39-29-109 (2)(a)(I.5), C.R.S., to the Colorado water conservation
170		-	PAGE 5-SENATE BILL 23-177 board construction fund created in section 37-60-121, C.R.S., to support the
171		-	upper Colorado river endangered fish recovery program and the San Juan
172		-	river basin recovery implementation program.
173		-	(2) (a) For the 2023-24 state fiscal year, $15,000,000 is appropriated
174		-	to the department of natural resources for use by the Colorado water
175		-	conservation board. This appropriation is from the Colorado water
176		-	conservation board construction fund created in section 37-60-121, C.R.S.
177		-	To implement this section, the Colorado water conservation board may use
178		-	this appropriation to support the upper Colorado river endangered fish
179		-	recovery program and the San Juan river basin recovery implementation
180		-	program, which ensures compliance with the "Endangered Species Act of
181		-	1973", 16 U.S.C. sec. 1531, et seq., as amended, for Colorado water users,
182		-	and contributes to the protection of at least four endangered or threatened
183		-	fish species.
184		-	(b) The money appropriated in subsection (2)(a) of this section
185		-	remains available for the designated purposes until it is fully expended.
186		-	SECTION 14. In Session Laws of Colorado 2020, section 17 of
187		-	chapter 150, (HB 20-1403), amend (2) as follows:
188		-	Section 17. Frying Pan - Arkansas project loan authorization -
189		-	transfer - appropriation. (2) (a) On July 1, 2020, the state treasurer shall
190		-	transfer the sum of
191		-	$10,000,000, AND ON JULY 1, 2023, THE STATE
192		-	TREASURER SHALL TRANSFER
193		-	$20,000,000, from the severance tax perpetual
194		-	base fund created in section 39-29-109 (2)(a)
195		-	(2)(a)(I.5), C.R.S., to the
196		-	Colorado water conservation board construction fund created in section
197		-	37-60-121, C.R.S., to grant money to
198		-	EITHER the southeastern Colorado
199		-	water conservancy district
200		-	OR OTERO COUNTY to provide nonfederal
201		-	cost-share funding for the Frying Pan-Arkansas project, which project helps
202		-	provide quality drinking water to six counties in the lower Arkansas valley.
	14	+	ONCERNING THE FUNDING OF COLORADO WATER CONSERVATION101
	15	+	BOARD PROJECTS, AND, IN CONNECTION THEREWITH , MAKING102
	16	+	AN APPROPRIATION.103
	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	+	The bill appropriates the following amounts for the 2023-24 state
	25	+	fiscal year from the Colorado water conservation board (CWCB)
	26	+	construction fund to the CWCB or the division of water resources in the
	27	+	department of natural resources for the following projects:
	28	+	! Continuation of the satellite monitoring system, $380,000
	29	+	HOUSE
	30	+	3rd Reading Unamended
	31	+	April 24, 2023
	32	+	HOUSE
	33	+	Amended 2nd Reading
	34	+	April 21, 2023
	35	+	SENATE
	36	+	3rd Reading Unamended
	37	+	April 10, 2023
	38	+	SENATE
	39	+	Amended 2nd Reading
	40	+	April 6, 2023
	41	+	SENATE SPONSORSHIP
	42	+	Roberts and Simpson, Bridges, Buckner, Coleman, Cutter, Exum, Fenberg, Gardner,
	43	+	Gonzales, Hansen, Hinrichsen, Jaquez Lewis, Kirkmeyer, Lundeen, Marchman, Mullica,
	44	+	Pelton B., Pelton R., Priola, Rodriguez, Will, Winter F., Zenzinger
	45	+	HOUSE SPONSORSHIP
	46	+	McCormick and Catlin, Amabile, Armagost, Bacon, Bird, Bockenfeld, Boesenecker,
	47	+	Bradley, Brown, English, Epps, Frizell, Hamrick, Hartsook, Herod, Holtorf, Jodeh, Kipp,
	48	+	Lieder, Lindsay, Lindstedt, Lukens, Lynch, McCluskie, Michaelson Jenet, Ricks, Sirota,
	49	+	Snyder, Story, Titone, Velasco, Vigil, Weinberg, Weissman, Willford, Winter T., Woodrow,
	50	+	Young
	51	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	52	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	53	+	Dashes through the words or numbers indicate deletions from existing law. (section 1 of the bill);
	54	+	! Continuation of the floodplain map modernization
	55	+	program, $500,000 (section 2);
	56	+	! Continuation of the weather modification permitting
	57	+	program, $500,000 (section 3);
	58	+	! Continuation of the watershed restoration program,
	59	+	$500,000 (section 6);
	60	+	! Continuation of the Colorado Mesonet project, $150,000
	61	+	(section 7);
	62	+	! Continuation of the weather forecasting partnership project,
	63	+	$1,000,000 (section 8);
	64	+	! Support for the division of water resources mobile field
	65	+	data collection application project, $800,000 (section 9);
	66	+	! Continuation of the reservoir enlargement assessment
	67	+	project, $1,000,000 (section 11);
	68	+	! Support for the central Colorado water conservancy district
	69	+	augmentation efficiency project, $3,000,000 (section 15);
	70	+	and
	71	+	! Support for the state water plan action advancement
	72	+	project, $2,000,000 (section 16).
	73	+	The bill directs the state treasurer to transfer the following
	74	+	amounts on July 1, 2023, from the severance tax perpetual base fund to
	75	+	the CWCB construction fund, and appropriates those amounts from the
	76	+	CWCB construction fund to the CWCB for the following projects:
	77	+	! Continuation of the Platte river recovery implementation
	78	+	program, $19,000,000 (section 12);
	79	+	! Support for the upper Colorado river endangered fish
	80	+	recovery program and the San Juan river basin recovery
	81	+	implementation program, $15,000,000 (section 13); and
	82	+	! Additional and continued support for the Frying Pan -
	83	+	Arkansas project, $20,000,000 (section 14).
	84	+	The bill directs the state treasurer to transfer the following
	85	+	amounts from the CWCB construction fund on July 1, 2023:
	86	+	! $2,000,000 to restore the fish and wildlife resources fund
	87	+	(section 4);
	88	+	! Up to $2,000,000 to the CWCB litigation fund (section 5);
	89	+	and
	90	+	! $2,000,000 to the water plan implementation cash fund for
	91	+	continuation of the water plan implementation grant
	92	+	program (section 10).
	93	+	Section 17 appropriates $10,600,000 of sports betting revenues
	94	+	from the water plan implementation cash fund and $2,000,000 from the
	95	+	CWCB construction fund to the CWCB to fund grants that will help
	96	+	implement the state water plan.
	97	+	Section 18 appropriates $8,000,000 from the wildlife cash fund to
	98	+	177
	99	+	-2- the division of parks and wildlife to purchase up to 924 acre-feet of
	100	+	orphan shares from the CWCB as part of the Chatfield reservoir
	101	+	reallocation project.
	102	+	Be it enacted by the General Assembly of the State of Colorado:1
	103	+	SECTION 1. Continuation of the satellite monitoring system2
	104	+	- operation and maintenance - appropriation. (1) For the 2023-243
	105	+	state fiscal year, $380,000 is appropriated to the department of natural4
	106	+	resources for use by the division of water resources. This appropriation5
	107	+	is from the Colorado water conservation board construction fund created6
	108	+	in section 37-60-121, C.R.S. To implement this section, the division of7
	109	+	water resources may use this appropriation to install, maintain, and8
	110	+	operate satellite monitored stream gauges and lysimeters for water rights9
	111	+	administration and data collection pursuant to section 37-80-102 (10),10
	112	+	C.R.S.11
	113	+	(2) The money appropriated in subsection (1) of this section12
	114	+	remains available for the designated purposes until it is fully expended.13
	115	+	SECTION 2. Continuation of the Colorado floodplain map14
	116	+	modernization program - appropriation. (1) For the 2023-24 state15
	117	+	fiscal year, $500,000 is appropriated to the department of natural16
	118	+	resources for use by the Colorado water conservation board. This17
	119	+	appropriation is from the Colorado water conservation board construction18
	120	+	fund created in section 37-60-121, C.R.S. To implement this section, the19
	121	+	Colorado water conservation board may use this appropriation to continue20
	122	+	to assist with the preparation of revised and improved floodplain studies21
	123	+	and maps for communities throughout Colorado and participate in22
	124	+	federally sponsored floodplain map modernization activities.23
	125	+	(2) The money appropriated in subsection (1) of this section24
	126	+	177-3- remains available for the designated purposes until it is fully expended.1
	127	+	SECTION 3. Continuation of the weather modification2
	128	+	permitting program - appropriation. (1) For the 2023-24 state fiscal3
	129	+	year, $500,000 is appropriated to the department of natural resources for4
	130	+	use by the Colorado water conservation board. This appropriation is from5
	131	+	the Colorado water conservation board construction fund created in6
	132	+	section 37-60-121, C.R.S. To implement this section, the Colorado water7
	133	+	conservation board may use this appropriation to assist water8
	134	+	conservation and conservancy districts with the development of cloud9
	135	+	seeding programs to provide benefits to recreation, streams, and10
	136	+	reservoirs through snowpack enhancement.11
	137	+	(2) The money appropriated in subsection (1) of this section12
	138	+	remains available for the designated purposes until it is fully expended.13
	139	+	SECTION 4. Restoration of fish and wildlife resources fund14
	140	+	balance - transfer. On July 1, 2023, the state treasurer shall transfer15
	141	+	$2,000,000 from the unreserved cash in the Colorado water conservation16
	142	+	board construction fund created in section 37-60-121, C.R.S., to the fish17
	143	+	and wildlife resources fund created in section 37-60-121 (6), C.R.S., to18
	144	+	continue grant-making to assist with the mitigation of fish and wildlife19
	145	+	resources affected by the construction, operation, or maintenance of water20
	146	+	diversion, delivery, or storage facilities.21
	147	+	SECTION 5. Restoration of litigation fund cash balance -22
	148	+	transfer. On July 1, 2023, the state treasurer shall transfer $2,000,000, or23
	149	+	so much thereof as may be necessary to restore the balance of the24
	150	+	litigation fund to $2,000,000, from the unreserved cash in the Colorado25
	151	+	water conservation board construction fund created in section 37-60-121,26
	152	+	C.R.S., to the litigation fund created in section 37-60-121 (2.5), C.R.S.,27
	153	+	177
	154	+	-4- to assist in addressing legal issues associated with compact compliance1
	155	+	or any other litigation activities as specified under section 37-60-121,2
	156	+	C.R.S.3
	157	+	SECTION 6. Continuation of the watershed restoration4
	158	+	program - appropriation. (1) For the 2023-24 state fiscal year,5
	159	+	$500,000 is appropriated to the department of natural resources for use6
	160	+	by the Colorado water conservation board. This appropriation is from the7
	161	+	Colorado water conservation board construction fund created in section8
	162	+	37-60-121, C.R.S. To implement this section, the Colorado water9
	163	+	conservation board may use this appropriation to provide planning,10
	164	+	engineering, and implementation measures to address technical needs for11
	165	+	watershed restoration and flood mitigation projects throughout the state;12
	166	+	aquatic habitat protection; flexible operations for multiple uses;13
	167	+	restoration work; quantification of environmental flow needs; and14
	168	+	monitoring efforts to support healthy stream and watershed goals outlined15
	169	+	in the state water plan.16
	170	+	(2) The money appropriated in subsection (1) of this section17
	171	+	remains available for the designated purposes until it is fully expended.18
	172	+	SECTION 7. Continuation of the Colorado Mesonet project19
	173	+	- appropriation. (1) For the 2023-24 state fiscal year, $150,000 is20
	174	+	appropriated to the department of natural resources for use by the21
	175	+	Colorado water conservation board. This appropriation is from the22
	176	+	Colorado water conservation board construction fund created in section23
	177	+	37-60-121, C.R.S. To implement this section, the Colorado water24
	178	+	conservation board may use this appropriation to support the Colorado25
	179	+	Mesonet, including for the following activities: Operation, maintenance,26
	180	+	travel, communications, and database and website management for27
	181	+	177
	182	+	-5- temperature and precipitation stations.1
	183	+	(2) The money appropriated in subsection (1) of this section2
	184	+	remains available for the designated purposes until it is fully expended.3
	185	+	SECTION 8. Continuation of the water forecasting4
	186	+	partnership project - appropriation. (1) For the 2023-24 state fiscal5
	187	+	year, $1,000,000 is appropriated to the department of natural resources6
	188	+	for use by the Colorado water conservation board. This appropriation is7
	189	+	from the Colorado water conservation board construction fund created in8
	190	+	section 37-60-121, C.R.S. To implement this section, the Colorado water9
	191	+	conservation board may use this appropriation to support the development10
	192	+	of new ground and aerial remote sensing data, to develop hydrologic11
	193	+	modeling practices, to provide reliable volumetric water supply12
	194	+	forecasting, and to provide better characterization of snowpack.13
	195	+	(2) The money appropriated in subsection (1) of this section14
	196	+	remains available for the designated purposes until it is fully expended.15
	197	+	SECTION 9. Division of water resources mobile field data16
	198	+	collection application project - appropriation. (1) For the 2023-2417
	199	+	state fiscal year, $800,000 is appropriated to the department of natural18
	200	+	resources for use by the division of water resources. This appropriation19
	201	+	is from the Colorado water conservation board construction fund created20
	202	+	in section 37-60-121, C.R.S. To implement this section, the division of21
	203	+	water resources may use this appropriation to develop a mobile22
	204	+	application for phone operating systems that will allow division23
	205	+	employees to perform work more efficiently and provide updated24
	206	+	information in real time.25
	207	+	(2) The money appropriated in subsection (1) of this section26
	208	+	remains available for the designated purposes until it is fully expended.27
	209	+	177
	210	+	-6- SECTION 10. Grant-making for projects that assist in1
	211	+	implementing the state water plan - transfer. On July 1, 2023, the state2
	212	+	treasurer shall transfer $2,000,000 from the unreserved cash in the3
	213	+	Colorado water conservation board construction fund created in section4
	214	+	37-60-121, C.R.S., to the water plan implementation cash fund created in5
	215	+	section 37-60-123.3 (1)(a), C.R.S., to provide additional grant funding for6
	216	+	projects that assist with the implementation of the state water plan.7
	217	+	SECTION 11. Continuation of the reservoir enlargement8
	218	+	assessment project - appropriation. (1) For the 2023-24 state fiscal9
	219	+	year, $1,000,000 is appropriated to the department of natural resources10
	220	+	for use by the division of water resources. This appropriation is from the11
	221	+	Colorado water conservation board construction fund created in section12
	222	+	37-60-121, C.R.S. To implement this section, the division of water13
	223	+	resources may use this appropriation to conduct comprehensive dam14
	224	+	safety evaluations on existing dams that are under potential consideration15
	225	+	for enlargement.16
	226	+	(2) The money appropriated in subsection (1) of this section17
	227	+	remains available for the designated purposes until it is fully expended.18
	228	+	SECTION 12. Continuation of the Platte river recovery19
	229	+	implementation program - transfer - appropriation. (1) On July 1,20
	230	+	2023, the state treasurer shall transfer $19,000,000 from the severance tax21
	231	+	perpetual base fund created in section 39-29-109 (2)(a)(I.5), C.R.S., to the22
	232	+	Colorado water conservation board construction fund created in section23
	233	+	37-60-121, C.R.S., to support the Platte river recovery implementation24
	234	+	program.25
	235	+	(2) (a) For the 2023-24 state fiscal year, $19,000,000 is26
	236	+	appropriated to the department of natural resources for use by the27
	237	+	177
	238	+	-7- Colorado water conservation board. This appropriation is from the1
	239	+	Colorado water conservation board construction fund created in section2
	240	+	37-60-121, C.R.S. To implement this section, the Colorado water3
	241	+	conservation board may use this appropriation to support the Platte river4
	242	+	recovery implementation program, which implements certain aspects of5
	243	+	the United States fish and wildlife service's recovery plans for the6
	244	+	whooping crane, pallid sturgeon, and piping plover and provides7
	245	+	compliance with the "Endangered Species Act of 1973", 16 U.S.C. sec.8
	246	+	1531, et seq., as amended, for Colorado water projects.9
	247	+	(b) The money appropriated in subsection (2)(a) of this section10
	248	+	remains available for the designated purposes until it is fully expended.11
	249	+	SECTION 13. Upper Colorado river endangered fish recovery12
	250	+	program and San Juan river basin recovery implementation program13
	251	+	- transfer - appropriation. (1) On July 1, 2023, the state treasurer shall14
	252	+	transfer $15,000,000 from the severance tax perpetual base fund created15
	253	+	in section 39-29-109 (2)(a)(I.5), C.R.S., to the Colorado water16
	254	+	conservation board construction fund created in section 37-60-121,17
	255	+	C.R.S., to support the upper Colorado river endangered fish recovery18
	256	+	program and the San Juan river basin recovery implementation program.19
	257	+	(2) (a) For the 2023-24 state fiscal year, $15,000,000 is20
	258	+	appropriated to the department of natural resources for use by the21
	259	+	Colorado water conservation board. This appropriation is from the22
	260	+	Colorado water conservation board construction fund created in section23
	261	+	37-60-121, C.R.S. To implement this section, the Colorado water24
	262	+	conservation board may use this appropriation to support the upper25
	263	+	Colorado river endangered fish recovery program and the San Juan river26
	264	+	basin recovery implementation program, which ensures compliance with27
	265	+	177
	266	+	-8- the "Endangered Species Act of 1973", 16 U.S.C. sec. 1531, et seq., as1
	267	+	amended, for Colorado water users, and contributes to the protection of2
	268	+	at least four endangered or threatened fish species.3
	269	+	(b) The money appropriated in subsection (2)(a) of this section4
	270	+	remains available for the designated purposes until it is fully expended.5
	271	+	SECTION 14. In Session Laws of Colorado 2020, section 17 of6
	272	+	chapter 150, (HB 20-1403), amend (2) as follows:7
	273	+	Section 17. Frying Pan - Arkansas project loan authorization8
	274	+	- transfer - appropriation. (2) (a) On July 1, 2020, the state treasurer9
	275	+	shall transfer the sum of $10,000,000, AND ON JULY 1, 2023, THE STATE10
	276	+	TREASURER SHALL TRANSFER $20,000,000, from the severance tax11
	277	+	perpetual base fund created in section 39-29-109 (2)(a) (2)(a)(I.5),12
	278	+	C.R.S., to the Colorado water conservation board construction fund13
	279	+	created in section 37-60-121, C.R.S., to grant money to
	280	+	EITHER the14
	281	+	southeastern Colorado water conservancy district
	282	+	OR OTERO COUNTY to15
	283	+	provide nonfederal cost-share funding for the Frying Pan-Arkansas16
	284	+	project, which project helps provide quality drinking water to six counties17
	285	+	in the lower Arkansas valley.18
203	286		(b) (I) For the 2020-21 state fiscal year $10,000,000 is
204		-	~~THE~~
205		-	FOLLOWING AMOUNTS ARE
206		-	~~appropriated to~~ the ~~department of natural~~
207		-	~~resources for use by the Colorado water conservation board Thisappropriation~~ is IN THE SPECIFIED STATE FISCAL YEARS:
	287	+	THE19
	288	+	FOLLOWING AMOUNTS ARE appropriated to the department of natural20
	289	+	resources for use by the Colorado water conservation board This21
	290	+	appropriation is IN THE SPECIFIED STATE FISCAL YEARS:22
208	291		(A) F
209		-	OR THE 2020-21 STATE FISCAL YEAR, $10,000,000; AND
210		-	PAGE 6-SENATE BILL 23-177 (B) FOR THE 2023-24 STATE FISCAL YEAR, $20,000,000.
	292	+	OR THE 2020-21 STATE FISCAL YEAR, $10,000,000; AND23
	293	+	(B) F
	294	+	OR THE 2023-24 STATE FISCAL YEAR, $20,000,000.24
211	295		(II) T
212		-	HE APPROPRIATIONS SPECIFIED IN SUBSECTION (2)(b)(I) OF THIS
213		-	SECTION ARE
214		-	from the Colorado water conservation board construction fund
215		-	created in section 37-60-121, C.R.S. To implement this subsection (2), the
216		-	Colorado water conservation board may use this appropriation
217		-	THESE
218		-	APPROPRIATIONS
219		-	to grant money to EITHER the southeastern Colorado water
220		-	conservancy district
221		-	OR OTERO COUNTY to provide nonfederal cost-share
222		-	funding for the Frying Pan-Arkansas project, which project helps provide
223		-	quality drinking water to six counties in the lower Arkansas valley.
224		-	(II) (III) The money appropriated in subsection (2)(b)(I) of this
225		-	section remains available for the designated purposes until it is fully
226		-	expended.
227		-	SECTION 15. Central Colorado water conservancy district
228		-	augmentation efficiency project - appropriation. (1) For the 2023-24
229		-	state fiscal year, $3,000,000 is appropriated to the department of natural
230		-	resources for use by the Colorado water conservation board. This
231		-	appropriation is from the Colorado water conservation board construction
232		-	fund created in section 37-60-121, C.R.S. To implement this section, the
233		-	Colorado water conservation board may use this appropriation to support
234		-	the groundwater management subdistrict of the central Colorado water
235		-	conservancy district with improving the efficiency and effectiveness of its
236		-	augmentation plans. The augmentation efficiency project includes
237		-	construction of pipelines, augmentation wells, and groundwater recharge
238		-	sites.
239		-	(2) The money appropriated in subsection (1) of this section remains
240		-	available for the designated purposes until it is fully expended.
241		-	SECTION 16. State water plan advancement project -
242		-	appropriation. (1) For the 2023-24 state fiscal year, $2,000,000 is
243		-	appropriated to the department of natural resources for use by the Colorado
244		-	water conservation board. This appropriation is from the Colorado water
245		-	conservation board construction fund created in section 37-60-121, C.R.S.
246		-	To implement this section, the Colorado water conservation board may use
247		-	this appropriation to implement identified actions under the 2023 state
248		-	water plan, including developing tools, convening stakeholder groups, and
249		-	conducting research and data analysis. The appropriation will be used for
250		-	PAGE 7-SENATE BILL 23-177 projects that include an evaluation of municipal water conservation
251		-	standards, an economic analysis of agricultural opportunities, the
252		-	development of watershed planning platforms, and the establishment of a
253		-	framework for drought-ready communities.
254		-	(2) The money appropriated in subsection (1) of this section remains
255		-	available for the designated purposes until it is fully expended.
256		-	SECTION 17. Grant-making for projects that assist in
257		-	implementing the state water plan - appropriation. (1) For the 2023-24
258		-	state fiscal year, $25,200,000 is appropriated to the department of natural
259		-	resources for use by the Colorado water conservation board. This
260		-	appropriation is from the water plan implementation cash fund created in
261		-	section 37-60-123.3 (1)(a), C.R.S. To implement this subsection (1), the
262		-	Colorado water conservation board may use this appropriation for
263		-	grant-making for projects that assist in the implementation of the state water
264		-	plan pursuant to section 37-60-106.3 (6), C.R.S., through the Colorado
265		-	water conservation board's application and guidelines process.
266		-	(2) The money appropriated in subsection (1) of this section remains
267		-	available for the designated purposes until it is fully expended.
268		-	SECTION 18. Chatfield reservoir reallocation project - orphan
269		-	shares purchase - appropriation. (1) For the 2023-24 state fiscal year,
270		-	$8,000,000 is appropriated to the department of natural resources for use by
271		-	the division of parks and wildlife. This appropriation is from the wildlife
272		-	cash fund created in section 33-1-112 (1), C.R.S. To implement this section,
273		-	the division of parks and wildlife may use this appropriation for the
274		-	purchase of up to 924 acre-feet of orphan shares owned by the Colorado
275		-	water conservation board as part of the Chatfield reservoir reallocation
276		-	project.
277		-	(2) The money appropriated in subsection (1) of this section remains
278		-	available for the designated purposes until it is fully expended.
279		-	SECTION 19. Safety clause. The general assembly hereby finds,
280		-	PAGE 8-SENATE BILL 23-177 determines, and declares that this act is necessary for the immediate
281		-	preservation of the public peace, health, or safety.
282		-	____________________________ ____________________________
283		-	Steve Fenberg
284		-	Julie McCluskie
285		-	PRESIDENT OF SPEAKER OF THE HOUSE
286		-	THE SENATE OF REPRESENTATIVES
287		-	____________________________ ____________________________
288		-	Cindi L. Markwell Robin Jones
289		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
290		-	THE SENATE OF REPRESENTATIVES
291		-	APPROVED________________________________________
292		-	(Date and Time)
293		-	_________________________________________
294		-	Jared S. Polis
295		-	GOVERNOR OF THE STATE OF COLORADO
296		-	PAGE 9-SENATE BILL 23-177
	296	+	HE APPROPRIATIONS SPECIFIED IN SUBSECTION (2)(b)(I) OF25
	297	+	THIS SECTION ARE from the Colorado water conservation board26
	298	+	construction fund created in section 37-60-121, C.R.S. To implement this27
	299	+	177
	300	+	-9- subsection (2), the Colorado water conservation board may use this1
	301	+	appropriation THESE APPROPRIATIONS to grant money to EITHER the2
	302	+	southeastern Colorado water conservancy district
	303	+	OR OTERO COUNTY to3
	304	+	provide nonfederal cost-share funding for the Frying Pan-Arkansas4
	305	+	project, which project helps provide quality drinking water to six counties5
	306	+	in the lower Arkansas valley.6
	307	+	(II)
	308	+	(III) The money appropriated in subsection (2)(b)(I) of this7
	309	+	section remains available for the designated purposes until it is fully8
	310	+	expended.9
	311	+	SECTION 15. Central Colorado water conservancy district10
	312	+	augmentation efficiency project - appropriation. (1) For the 2023-2411
	313	+	state fiscal year, $3,000,000 is appropriated to the department of natural12
	314	+	resources for use by the Colorado water conservation board. This13
	315	+	appropriation is from the Colorado water conservation board construction14
	316	+	fund created in section 37-60-121, C.R.S. To implement this section, the15
	317	+	Colorado water conservation board may use this appropriation to support16
	318	+	the groundwater management subdistrict of the central Colorado water17
	319	+	conservancy district with improving the efficiency and effectiveness of18
	320	+	its augmentation plans. The augmentation efficiency project includes19
	321	+	construction of pipelines, augmentation wells, and groundwater recharge20
	322	+	sites.21
	323	+	(2) The money appropriated in subsection (1) of this section22
	324	+	remains available for the designated purposes until it is fully expended.23
	325	+	SECTION 16. State water plan advancement project -24
	326	+	appropriation. (1) For the 2023-24 state fiscal year, $2,000,000 is25
	327	+	appropriated to the department of natural resources for use by the26
	328	+	Colorado water conservation board. This appropriation is from the27
	329	+	177
	330	+	-10- Colorado water conservation board construction fund created in section1
	331	+	37-60-121, C.R.S. To implement this section, the Colorado water2
	332	+	conservation board may use this appropriation to implement identified3
	333	+	actions under the 2023 state water plan, including developing tools,4
	334	+	convening stakeholder groups, and conducting research and data analysis.5
	335	+	The appropriation will be used for projects that include an evaluation of6
	336	+	municipal water conservation standards, an economic analysis of7
	337	+	agricultural opportunities, the development of watershed planning8
	338	+	platforms, and the establishment of a framework for drought-ready9
	339	+	communities.10
	340	+	(2) The money appropriated in subsection (1) of this section11
	341	+	remains available for the designated purposes until it is fully expended.12
	342	+	SECTION 17. Grant-making for projects that assist in13
	343	+	implementing the state water plan - appropriation. (1) For the14
	344	+	2023-24 state fiscal year, $25,200,000 is appropriated to the department15
	345	+	of natural resources for use by the Colorado water conservation board.16
	346	+	This appropriation is from the water plan implementation cash fund17
	347	+	created in section 37-60-123.3 (1)(a), C.R.S. To implement this18
	348	+	subsection (1), the Colorado water conservation board may use this19
	349	+	appropriation for grant-making for projects that assist in the20
	350	+	implementation of the state water plan pursuant to section 37-60-106.321
	351	+	(6), C.R.S., through the Colorado water conservation board's application22
	352	+	and guidelines process.23
	353	+	(2) The money appropriated in subsection (1) of this section24
	354	+	remains available for the designated purposes until it is fully expended.25
	355	+	26
	356	+	SECTION 18. Chatfield reservoir reallocation project -27
	357	+	177
	358	+	-11- orphan shares purchase - appropriation. (1) For the 2023-24 state1
	359	+	fiscal year, $8,000,000 is appropriated to the department of natural2
	360	+	resources for use by the division of parks and wildlife. This appropriation3
	361	+	is from the wildlife cash fund created in section 33-1-112 (1), C.R.S. To4
	362	+	implement this section, the division of parks and wildlife may use this5
	363	+	appropriation for the purchase of up to 924 acre-feet of orphan shares6
	364	+	owned by the Colorado water conservation board as part of the Chatfield7
	365	+	reservoir reallocation project.8
	366	+	(2) The money appropriated in subsection (1) of this section9
	367	+	remains available for the designated purposes until it is fully expended.10
	368	+	SECTION 19. Safety clause. The general assembly hereby finds,11
	369	+	determines, and declares that this act is necessary for the immediate12
	370	+	preservation of the public peace, health, or safety.13
	371	+	177
	372	+	-12-