First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0199.01 Richard Sweetman x4333
SENATE BILL 23-262
Senate Committees House Committees
Agriculture & Natural Resources
A BILL FOR AN ACT
C
ONCERNING REQUIRING THE COLORADO WATER CONSERVATION101
BOARD TO STUDY THE FEASIBILITY OF WATER DESALINATION AS102
A POTENTIAL CONTRIBUTING SOLUTION TO THE CRISIS OF103
WATER SCARCITY IN THE COLORADO RIVER BASIN.104
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 requires the Colorado water conservation board (CWCB)
to perform a comprehensive literature review of existing research on the
challenges and opportunities of desalination facilities in California or
SENATE SPONSORSHIP
Priola,
HOUSE SPONSORSHIP
Ricks and Soper,
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. Mexico. The literature review must include a summary of the current
status of research on desalination, including quantification of certain costs
of and benefits that could be realized from the construction and perpetual
operation of one or more water desalination facilities in California or
Mexico, or both.
On or before July 1, 2025, the CWCB must complete the study and
submit a report of the CWCB's findings and recommendations to:
! The Colorado legislative committees of reference that
consider water matters;
! The governor; and
! The bureau of reclamation in the federal department of the
interior.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 37-60-136 as2
follows:3
37-60-136. Study regarding feasibility of water desalination4
solutions for the Colorado river basin - legislative declaration -5
required considerations - report - repeal. (1) Legislative declaration.6
(a) T
HE GENERAL ASSEMBLY FINDS THAT :7
(I) T
HE COLORADO RIVER SYSTEM , WHICH SUPPLIES NEARLY8
FORTY MILLION PEOPLE ACROSS THE WESTERN UNITED STATES WITH9
DRINKING WATER AND IRRIGATES APPROXIMATELY FIVE MILLION ACRES OF10
FARMLAND, IS FACING HISTORIC LOWS AS A RESULT OF SUSTAINED11
DROUGHT CONDITIONS; AND12
(II) T
HE SEVEN STATES OF THE COLORADO RIVER BASIN ARE13
STRUGGLING TO CONCEIVE AND IMPLEMENT ADEQUATE MEASURES TO14
REDUCE WATER USAGE, CONSERVE AVAILABLE WATER SUPPLIES, AND PLAN15
FOR A NEAR FUTURE WITH INCREASINGLY SCARCE WATER SUPPLIES .16
(b) T
HE GENERAL ASSEMBLY ALSO FINDS THAT :17
(I) D
ESALINATION FACILITIES HAVE BEEN SUCCESSFULLY18
CONSTRUCTED AND DEPLOYED IN THE UNITED STATES AND MANY OTHER19
SB23-262-2- NATIONS, INCLUDING AUSTRALIA, ISRAEL, QATAR, SINGAPORE, AND1
S
AUDI ARABIA;2
(II) T
HESE FACILITIES LOCATED ALONG COASTAL COMMUNITIES3
HAVE DEMONSTRATED THAT DESALINATION OF SEAWATER IS A VIABLE4
AND COST-EFFECTIVE WAY TO DEVELOP NEW SUPPLIES OF WATER THAT5
CAN BE SAFELY USED AS DRINKING WATER AND FOR OTHER BENEFICIAL6
PURPOSES;7
(III) C
ALIFORNIA CURRENTLY HAS TWELVE WATER DESALINATION8
FACILITIES OPERATING OFF ITS COAST AND RECENTLY APPROVED THE9
INVESTMENT OF ONE HUNDRED FORTY MILLION DOLLARS TO CONSTRUCT10
A THIRTEENTH FACILITY CALLED THE DOHENY OCEAN DESALINATION11
P
ROJECT, WHICH IS EXPECTED TO SUPPLY FIVE MILLION GALLONS OF12
DRINKING WATER PER DAY FOR FORTY THOUSAND PEOPLE IN ORANGE13
COUNTY AND IS EXPECTED TO REDUCE THE COUNTY 'S RELIANCE ON WATER14
IMPORTED THROUGH THE CALIFORNIA STATE WATER PROJECT AND FROM15
THE COLORADO RIVER BY UP TO SEVENTY PERCENT ;16
(IV) D
ESALINATION OPERATIONS IN CALIFORNIA AND MEXICO17
COULD REDUCE THE DEMANDS PLACED ON THE COLORADO RIVER BY18
LOWER BASIN STATES, INCLUDING CALIFORNIA AND ARIZONA, WHERE19
DESALINATED WATER CAN BE PUT TO BENEFICIAL USES ; AND20
(V) A
LTHOUGH DESALINATION OF SEAWATER WILL NOT21
SINGLE-HANDEDLY SOLVE THE CURRENT COLORADO RIVER CRISIS, ITS22
POTENTIAL AS A CONTRIBUTING SOLUTION HAS NOT BEEN FULLY23
DEVELOPED AND UTILIZED AND IS WORTH EXPLORING AND QUANTIFYING .24
(c) T
HEREFORE, THE GENERAL ASSEMBLY DECLARES THAT IT IS25
IMPORTANT THAT THE BOARD STUDY AND REPORT ON THE FEASIBILITY OF26
BASIN-WIDE COOPERATION TO BUILD ADDITIONAL WATER DESALINATION27
SB23-262
-3- FACILITIES AS A POTENTIAL CONTRIBUTING SOLUTION TO THE PROBLEM OF1
WATER SCARCITY IN THE COLORADO RIVER BASIN AND SHARE THAT2
INFORMATION WITH NEIGHBORING STATES IN THE BASIN .3
(2) Literature review required. T
HE BOARD SHALL PERFORM A4
COMPREHENSIVE LITERATURE REVIEW OF EXISTING RESEARCH ON THE5
CHALLENGES AND OPPORTUNITIES OF DESALINATION FACILITIES IN6
C
ALIFORNIA OR MEXICO. THE LITERATURE REVIEW MUST INCLUDE A7
SUMMARY OF THE CURRENT STATUS OF RESEARCH AND IDENTIFICATION OF8
GAPS IN EXISTING RESEARCH ON THE FOLLOWING TOPICS AS THEY RELATE9
TO DESALINATION:10
(a) C
OSTS ASSOCIATED WITH THE CONSTRUCTION OF WATER11
DESALINATION FACILITIES IN CALIFORNIA OR MEXICO;12
(b) A
NALYSIS OF THE ANNUAL COSTS OF OPERATING AND13
MAINTAINING WATER DESALINATION FACILITIES ;14
(c) T
HE AMOUNT OF SEAWATER THAT COULD BE DESALINATED15
ANNUALLY AND PUT TO BENEFICIAL USES IN CALIFORNIA AND ARIZONA;16
(d) A
N ESTIMATE OF THE AMOUNTS BY WHICH CALIFORNIA,17
A
RIZONA, AND MEXICO COULD REDUCE THEIR RESPECTIVE USE OF WATER18
FROM THE COLORADO RIVER AS A RESULT OF IMPLEMENTING AND19
OPERATING DESALINATION FACILITIES;20
(e) T
HE ROLE THAT RENEWABLE ENERGY MAY PLAY IN OPERATING21
AND BENEFITTING FROM DESALINATION FACILITIES ;22
(f) T
HE ENVIRONMENTAL EFFECTS OF DESALINATION OF23
SEAWATER; AND24
(g) I
DENTIFICATION OF POTENTIAL FUNDING SOURCES TO PAY25
START-UP COSTS, INCLUDING COSTS FOR THE CONSTRUCTION OF26
FACILITIES, INCLUDING CONSIDERATION OF PUBLIC AND PRIVATE FUNDING27
SB23-262
-4- SOURCES IN EACH STATE WITHIN THE UPPER AND LOWER COLORADO RIVER1
BASINS.2
(3) Report required. O
N OR BEFORE JULY 1, 2025, THE BOARD3
SHALL COMPLETE THE LITERATURE REVIEW DESCRIBED IN SUBSECTION (2)4
OF THIS SECTION AND SUBMIT A REPORT OF THE BOARD 'S FINDINGS AND5
RECOMMENDATIONS TO :6
(a) T
HE AGRICULTURE, WATER, AND NATURAL RESOURCES7
COMMITTEE OF THE HOUSE OF REPRESENTATIVES , THE AGRICULTURE AND8
NATURAL RESOURCES COMMITTEE OF THE SENATE , AND THE WATER9
RESOURCES AND AGRICULTURE REVIEW COMMITTEE , OR TO ANY10
SUCCESSOR COMMITTEES;11
(b) T
HE GOVERNOR; AND12
(c) T
HE BUREAU OF RECLAMATION IN THE FEDERAL DEPARTMENT13
OF THE INTERIOR.14
(4) Repeal. T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2025.15
SECTION 2. Act subject to petition - effective date. This act16
takes effect at 12:01 a.m. on the day following the expiration of the17
ninety-day period after final adjournment of the general assembly; except18
that, if a referendum petition is filed pursuant to section 1 (3) of article V19
of the state constitution against this act or an item, section, or part of this20
act within such period, then the act, item, section, or part will not take21
effect unless approved by the people at the general election to be held in22
November 2024 and, in such case, will take effect on the date of the23
official declaration of the vote thereon by the governor.24
SB23-262
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