SENATE BILL 23-177
BY SENATOR(S) Roberts and Simpson, Bridges, Buckner, Coleman,
Cutter, Exum, Gardner, Gonzales, Hansen, Hinrichsen, Jaquez Lewis,
Kirkmeyer, Lundeen, Marchman, Moreno, Mullica, Pelton B., Pelton R.,
Priola, Rodriguez, Van Winkle, Will, Winter F., Zenzinger, Fenberg;
also REPRESENTATIVE(S) 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, Michaelson Jenet, Ricks, Sirota, Snyder, Story,
Titone, Velasco, Vigil, Weinberg, Weissman, Willford, Winter T.,
Woodrow, Young, McCluskie.
C
ONCERNING THE FUNDING OF COLORADO WATER CONSERVATION BOARD
PROJECTS
, AND, IN CONNECTION THEREWITH , MAKING AN
APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Continuation of the satellite monitoring system -
operation and maintenance - appropriation. (1) For the 2023-24 state
fiscal year, $380,000 is appropriated to the department of natural resources
for use by the division of water resources. This appropriation is from the
Colorado water conservation board construction fund created in section
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. 37-60-121, C.R.S. To implement this section, the division of water
resources may use this appropriation to install, maintain, and operate
satellite monitored stream gauges and lysimeters for water rights
administration and data collection pursuant to section 37-80-102 (10),
C.R.S.
(2) The money appropriated in subsection (1) of this section remains
available for the designated purposes until it is fully expended.
SECTION 2. Continuation of the Colorado floodplain map
modernization program - appropriation. (1) For the 2023-24 state fiscal
year, $500,000 is appropriated to the department of natural resources for use
by the Colorado water conservation board. This appropriation is from the
Colorado water conservation board construction fund created in section
37-60-121, C.R.S. To implement this section, the Colorado water
conservation board may use this appropriation to continue to assist with the
preparation of revised and improved floodplain studies and maps for
communities throughout Colorado and participate in federally sponsored
floodplain map modernization activities.
(2) The money appropriated in subsection (1) of this section remains
available for the designated purposes until it is fully expended.
SECTION 3. Continuation of the weather modification
permitting program - appropriation. (1) For the 2023-24 state fiscal
year, $500,000 is appropriated to the department of natural resources for use
by the Colorado water conservation board. This appropriation is from the
Colorado water conservation board construction fund created in section
37-60-121, C.R.S. To implement this section, the Colorado water
conservation board may use this appropriation to assist water conservation
and conservancy districts with the development of cloud seeding programs
to provide benefits to recreation, streams, and reservoirs through snowpack
enhancement.
(2) The money appropriated in subsection (1) of this section remains
available for the designated purposes until it is fully expended.
SECTION 4. Restoration of fish and wildlife resources fund
balance - transfer. On July 1, 2023, the state treasurer shall transfer
$2,000,000 from the unreserved cash in the Colorado water conservation
PAGE 2-SENATE BILL 23-177 board construction fund created in section 37-60-121, C.R.S., to the fish and
wildlife resources fund created in section 37-60-121 (6), C.R.S., to continue
grant-making to assist with the mitigation of fish and wildlife resources
affected by the construction, operation, or maintenance of water diversion,
delivery, or storage facilities.
SECTION 5. Restoration of litigation fund cash balance -
transfer. On July 1, 2023, the state treasurer shall transfer $2,000,000, or
so much thereof as may be necessary to restore the balance of the litigation
fund to $2,000,000, from the unreserved cash in the Colorado water
conservation board construction fund created in section 37-60-121, C.R.S.,
to the litigation fund created in section 37-60-121 (2.5), C.R.S., to assist in
addressing legal issues associated with compact compliance or any other
litigation activities as specified under section 37-60-121, C.R.S.
SECTION 6. Continuation of the watershed restoration
program - appropriation. (1) For the 2023-24 state fiscal year, $500,000
is appropriated to the department of natural resources for use by the
Colorado water conservation board. This appropriation is from the Colorado
water conservation board construction fund created in section 37-60-121,
C.R.S. To implement this section, the Colorado water conservation board
may use this appropriation to provide planning, engineering, and
implementation measures to address technical needs for watershed
restoration and flood mitigation projects throughout the state; aquatic
habitat protection; flexible operations for multiple uses; restoration work;
quantification of environmental flow needs; and monitoring efforts to
support healthy stream and watershed goals outlined in the state water plan.
(2) The money appropriated in subsection (1) of this section remains
available for the designated purposes until it is fully expended.
SECTION 7. Continuation of the Colorado Mesonet project -
appropriation. (1) For the 2023-24 state fiscal year, $150,000 is
appropriated to the department of natural resources for use by the Colorado
water conservation board. This appropriation is from the Colorado water
conservation board construction fund created in section 37-60-121, C.R.S.
To implement this section, the Colorado water conservation board may use
this appropriation to support the Colorado Mesonet, including for the
following activities: Operation, maintenance, travel, communications, and
database and website management for temperature and precipitation
PAGE 3-SENATE BILL 23-177 stations.
(2) The money appropriated in subsection (1) of this section remains
available for the designated purposes until it is fully expended.
SECTION 8. Continuation of the water forecasting partnership
project - appropriation. (1) For the 2023-24 state fiscal year, $1,000,000
is appropriated to the department of natural resources for use by the
Colorado water conservation board. This appropriation is from the Colorado
water conservation board construction fund created in section 37-60-121,
C.R.S. To implement this section, the Colorado water conservation board
may use this appropriation to support the development of new ground and
aerial remote sensing data, to develop hydrologic modeling practices, to
provide reliable volumetric water supply forecasting, and to provide better
characterization of snowpack.
(2) The money appropriated in subsection (1) of this section remains
available for the designated purposes until it is fully expended.
SECTION 9. Division of water resources mobile field data
collection application project - appropriation. (1) For the 2023-24 state
fiscal year, $800,000 is appropriated to the department of natural resources
for use by the division of water resources. This appropriation is from the
Colorado water conservation board construction fund created in section
37-60-121, C.R.S. To implement this section, the division of water
resources may use this appropriation to develop a mobile application for
phone operating systems that will allow division employees to perform
work more efficiently and provide updated information in real time.
(2) The money appropriated in subsection (1) of this section remains
available for the designated purposes until it is fully expended.
SECTION 10. Grant-making for projects that assist in
implementing the state water plan - transfer. On July 1, 2023, the state
treasurer shall transfer $2,000,000 from the unreserved cash in the Colorado
water conservation board construction fund created in section 37-60-121,
C.R.S., to the water plan implementation cash fund created in section
37-60-123.3 (1)(a), C.R.S., to provide additional grant funding for projects
that assist with the implementation of the state water plan.
PAGE 4-SENATE BILL 23-177 SECTION 11. Continuation of the reservoir enlargement
assessment project - appropriation. (1) For the 2023-24 state fiscal year,
$1,000,000 is appropriated to the department of natural resources for use by
the division of water resources. This appropriation is from the Colorado
water conservation board construction fund created in section 37-60-121,
C.R.S. To implement this section, the division of water resources may use
this appropriation to conduct comprehensive dam safety evaluations on
existing dams that are under potential consideration for enlargement.
(2) The money appropriated in subsection (1) of this section remains
available for the designated purposes until it is fully expended.
SECTION 12. Continuation of the Platte river recovery
implementation program - transfer - appropriation. (1) On July 1,
2023, the state treasurer shall transfer $19,000,000 from the severance tax
perpetual base fund created in section 39-29-109 (2)(a)(I.5), C.R.S., to the
Colorado water conservation board construction fund created in section
37-60-121, C.R.S., to support the Platte river recovery implementation
program.
(2) (a) For the 2023-24 state fiscal year, $19,000,000 is appropriated
to the department of natural resources for use by the Colorado water
conservation board. This appropriation is from the Colorado water
conservation board construction fund created in section 37-60-121, C.R.S.
To implement this section, the Colorado water conservation board may use
this appropriation to support the Platte river recovery implementation
program, which implements certain aspects of the United States fish and
wildlife service's recovery plans for the whooping crane, pallid sturgeon,
and piping plover and provides compliance with the "Endangered Species
Act of 1973", 16 U.S.C. sec. 1531, et seq., as amended, for Colorado water
projects.
(b) The money appropriated in subsection (2)(a) of this section
remains available for the designated purposes until it is fully expended.
SECTION 13. Upper Colorado river endangered fish recovery
program and San Juan river basin recovery implementation program
- transfer - appropriation. (1) On July 1, 2023, the state treasurer shall
transfer $15,000,000 from the severance tax perpetual base fund created in
section 39-29-109 (2)(a)(I.5), C.R.S., to the Colorado water conservation
PAGE 5-SENATE BILL 23-177 board construction fund created in section 37-60-121, C.R.S., to support the
upper Colorado river endangered fish recovery program and the San Juan
river basin recovery implementation program.
(2) (a) For the 2023-24 state fiscal year, $15,000,000 is appropriated
to the department of natural resources for use by the Colorado water
conservation board. This appropriation is from the Colorado water
conservation board construction fund created in section 37-60-121, C.R.S.
To implement this section, the Colorado water conservation board may use
this appropriation to support the upper Colorado river endangered fish
recovery program and the San Juan river basin recovery implementation
program, which ensures compliance with the "Endangered Species Act of
1973", 16 U.S.C. sec. 1531, et seq., as amended, for Colorado water users,
and contributes to the protection of at least four endangered or threatened
fish species.
(b) The money appropriated in subsection (2)(a) of this section
remains available for the designated purposes until it is fully expended.
SECTION 14. In Session Laws of Colorado 2020, section 17 of
chapter 150, (HB 20-1403), amend (2) as follows:
Section 17. Frying Pan - Arkansas project loan authorization -
transfer - appropriation. (2) (a) On July 1, 2020, the state treasurer shall
transfer the sum of
$10,000,000, AND ON JULY 1, 2023, THE STATE
TREASURER SHALL TRANSFER
$20,000,000, from the severance tax perpetual
base fund created in section 39-29-109 (2)(a)
(2)(a)(I.5), C.R.S., to the
Colorado water conservation board construction fund created in section
37-60-121, C.R.S., to grant money to
EITHER the southeastern Colorado
water conservancy district
OR OTERO COUNTY to provide nonfederal
cost-share funding for the Frying Pan-Arkansas project, which project helps
provide quality drinking water to six counties in the lower Arkansas valley.
(b) (I) For the 2020-21 state fiscal year $10,000,000 is
THE
FOLLOWING AMOUNTS ARE
appropriated to the department of natural
resources for use by the Colorado water conservation board Thisappropriation is IN THE SPECIFIED STATE FISCAL YEARS:
(A) F
OR THE 2020-21 STATE FISCAL YEAR, $10,000,000; AND
PAGE 6-SENATE BILL 23-177 (B) FOR THE 2023-24 STATE FISCAL YEAR, $20,000,000.
(II) T
HE APPROPRIATIONS SPECIFIED IN SUBSECTION (2)(b)(I) OF THIS
SECTION ARE
from the Colorado water conservation board construction fund
created in section 37-60-121, C.R.S. To implement this subsection (2), the
Colorado water conservation board may use this appropriation
THESE
APPROPRIATIONS
to grant money to EITHER the southeastern Colorado water
conservancy district
OR OTERO COUNTY to provide nonfederal cost-share
funding for the Frying Pan-Arkansas project, which project helps provide
quality drinking water to six counties in the lower Arkansas valley.
(II) (III) The money appropriated in subsection (2)(b)(I) of this
section remains available for the designated purposes until it is fully
expended.
SECTION 15. Central Colorado water conservancy district
augmentation efficiency project - appropriation. (1) For the 2023-24
state fiscal year, $3,000,000 is appropriated to the department of natural
resources for use by the Colorado water conservation board. This
appropriation is from the Colorado water conservation board construction
fund created in section 37-60-121, C.R.S. To implement this section, the
Colorado water conservation board may use this appropriation to support
the groundwater management subdistrict of the central Colorado water
conservancy district with improving the efficiency and effectiveness of its
augmentation plans. The augmentation efficiency project includes
construction of pipelines, augmentation wells, and groundwater recharge
sites.
(2) The money appropriated in subsection (1) of this section remains
available for the designated purposes until it is fully expended.
SECTION 16. State water plan advancement project -
appropriation. (1) For the 2023-24 state fiscal year, $2,000,000 is
appropriated to the department of natural resources for use by the Colorado
water conservation board. This appropriation is from the Colorado water
conservation board construction fund created in section 37-60-121, C.R.S.
To implement this section, the Colorado water conservation board may use
this appropriation to implement identified actions under the 2023 state
water plan, including developing tools, convening stakeholder groups, and
conducting research and data analysis. The appropriation will be used for
PAGE 7-SENATE BILL 23-177 projects that include an evaluation of municipal water conservation
standards, an economic analysis of agricultural opportunities, the
development of watershed planning platforms, and the establishment of a
framework for drought-ready communities.
(2) The money appropriated in subsection (1) of this section remains
available for the designated purposes until it is fully expended.
SECTION 17. Grant-making for projects that assist in
implementing the state water plan - appropriation. (1) For the 2023-24
state fiscal year, $25,200,000 is appropriated to the department of natural
resources for use by the Colorado water conservation board. This
appropriation is from the water plan implementation cash fund created in
section 37-60-123.3 (1)(a), C.R.S. To implement this subsection (1), the
Colorado water conservation board may use this appropriation for
grant-making for projects that assist in the implementation of the state water
plan pursuant to section 37-60-106.3 (6), C.R.S., through the Colorado
water conservation board's application and guidelines process.
(2) The money appropriated in subsection (1) of this section remains
available for the designated purposes until it is fully expended.
SECTION 18. Chatfield reservoir reallocation project - orphan
shares purchase - appropriation. (1) For the 2023-24 state fiscal year,
$8,000,000 is appropriated to the department of natural resources for use by
the division of parks and wildlife. This appropriation is from the wildlife
cash fund created in section 33-1-112 (1), C.R.S. To implement this section,
the division of parks and wildlife may use this appropriation for the
purchase of up to 924 acre-feet of orphan shares owned by the Colorado
water conservation board as part of the Chatfield reservoir reallocation
project.
(2) The money appropriated in subsection (1) of this section remains
available for the designated purposes until it is fully expended.
SECTION 19. Safety clause. The general assembly hereby finds,
PAGE 8-SENATE BILL 23-177 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg
Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 9-SENATE BILL 23-177