First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 23-0199.01 Richard Sweetman x4333
SENATE BILL 23-262
Senate Committees House Committees
Agriculture & Natural Resources
Appropriations
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 , AND, IN
104
CONNECTION THEREWITH , MAKING AN APPROPRIATION .105
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
SENATE
3rd Reading Unamended
April 24, 2023
SENATE
Amended 2nd Reading
April 21, 2023
SENATE SPONSORSHIP
Priola and Mullica, Jaquez Lewis
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. challenges and opportunities of desalination facilities in California or
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
262-2- CONSTRUCTED AND DEPLOYED IN THE UNITED STATES AND MANY OTHER1
NATIONS, INCLUDING AUSTRALIA, ISRAEL, QATAR, SINGAPORE, AND2
S
AUDI ARABIA;3
(II) T
HESE FACILITIES LOCATED ALONG COASTAL COMMUNITIES4
HAVE DEMONSTRATED THAT DESALINATION OF SEAWATER IS A VIABLE5
AND COST-EFFECTIVE WAY TO DEVELOP NEW SUPPLIES OF WATER THAT6
CAN BE SAFELY USED AS DRINKING WATER AND FOR OTHER BENEFICIAL7
PURPOSES;8
(III) C
ALIFORNIA CURRENTLY HAS TWELVE WATER DESALINATION9
FACILITIES OPERATING OFF ITS COAST AND RECENTLY APPROVED THE10
INVESTMENT OF ONE HUNDRED FORTY MILLION DOLLARS TO CONSTRUCT11
A THIRTEENTH FACILITY CALLED THE DOHENY OCEAN DESALINATION12
P
ROJECT, WHICH IS EXPECTED TO SUPPLY FIVE MILLION GALLONS OF13
DRINKING WATER PER DAY FOR FORTY T HOUSAND PEOPLE IN ORANGE14
COUNTY AND IS EXPECTED TO REDUCE THE COUNTY 'S RELIANCE ON WATER15
IMPORTED THROUGH THE CALIFORNIA STATE WATER PROJECT AND FROM16
THE COLORADO RIVER BY UP TO SEVENTY PERCENT ;17
(IV) D
ESALINATION OPERATIONS IN CALIFORNIA AND MEXICO18
COULD REDUCE THE DEMANDS PLACED ON THE COLORADO RIVER BY19
LOWER BASIN STATES, INCLUDING CALIFORNIA AND ARIZONA, WHERE20
DESALINATED WATER CAN BE PUT TO BENEFICIAL USES ; AND21
(V) A
LTHOUGH DESALINATION OF SEAWATER WILL NOT22
SINGLE-HANDEDLY SOLVE THE CURRENT COLORADO RIVER CRISIS, ITS23
POTENTIAL AS A CONTRIBUTING SOLUTION HAS NOT BEEN FULLY24
DEVELOPED AND UTILIZED AND IS WORTH EXPLORING AND QUANTIFYING .25
(c) T
HEREFORE, THE GENERAL ASSEMBLY DECLARES THAT IT IS26
IMPORTANT THAT THE BOARD STUDY AND REPORT ON THE FEASIBILITY OF27
262
-3- BASIN-WIDE COOPERATION TO BUILD ADDITIONAL WATER DESALINATION1
FACILITIES AS A POTENTIAL CONTRIBUTING SOLUTION TO THE PROBLEM OF2
WATER SCARCITY IN THE COLORADO RIVER BASIN AND SHARE THAT3
INFORMATION WITH NEIGHBORING STATES IN THE BASIN .4
(2) Literature review required. T
HE BOARD SHALL PERFORM A5
COMPREHENSIVE LITERATURE REVIEW OF EXISTING RESEARCH ON THE6
CHALLENGES AND OPPORTUNITIES OF DESALINATION FACILITIES IN7
C
ALIFORNIA OR MEXICO. THE LITERATURE REVIEW MUST INCLUDE A8
SUMMARY OF THE CURRENT STATUS OF RESEARCH AND IDENTIFICATION OF9
GAPS IN EXISTING RESEARCH ON THE FOLLOWING TOPICS AS THEY RELATE10
TO DESALINATION:11
(a) C
OSTS ASSOCIATED WITH THE CONSTRUCTION OF WATER12
DESALINATION FACILITIES IN CALIFORNIA OR MEXICO;13
(b) A
NALYSIS OF THE ANNUAL COSTS OF OPERATING AND14
MAINTAINING WATER DESALINATION FACILITIES ;15
(c) T
HE AMOUNT OF SEAWATER THAT COULD BE DESALINATED16
ANNUALLY AND PUT TO BENEFICIAL USES IN CALIFORNIA AND ARIZONA;17
(d) A
N ESTIMATE OF THE AMOUNTS BY WHICH CALIFORNIA,18
A
RIZONA, AND MEXICO COULD REDUCE THEIR RESPECTIVE USE OF WATER19
FROM THE COLORADO RIVER AS A RESULT OF IMPLEMENTING AND20
OPERATING DESALINATION FACILITIES;21
(e) T
HE ROLE THAT RENEWABLE ENERGY MAY PLAY IN OPERATING22
AND BENEFITTING FROM DESALINATION FACILITIES ;23
(f) T
HE ENVIRONMENTAL EFFECTS OF DESALINATION OF24
SEAWATER; AND25
(g) I
DENTIFICATION OF POTENTIAL FUNDING SOURCES TO PAY26
START-UP COSTS, INCLUDING COSTS FOR THE CONSTRUCTION OF27
262
-4- FACILITIES, INCLUDING CONSIDERATION OF PUBLIC AND PRIVATE FUNDING1
SOURCES IN EACH STATE WITHIN THE UPPER AND LOWER COLORADO RIVER2
BASINS.3
(3) Report required. O
N OR BEFORE JULY 1, 2025, THE BOARD4
SHALL COMPLETE THE LITERATURE REVIEW DESCRIBED IN SUBSECTION (2)5
OF THIS SECTION AND SUBMIT A REPORT OF THE BOARD 'S FINDINGS AND6
RECOMMENDATIONS TO :7
(a) T
HE AGRICULTURE, WATER, AND NATURAL RESOURCES8
COMMITTEE OF THE HOUSE OF REPRESENTATIVES , THE AGRICULTURE AND9
NATURAL RESOURCES COMMITTEE OF THE SENATE , AND THE WATER10
RESOURCES AND AGRICULTURE REVIEW COMMITTEE , OR TO ANY11
SUCCESSOR COMMITTEES;12
(b) T
HE GOVERNOR; AND13
(c) T
HE BUREAU OF RECLAMATION IN THE FEDERAL DEPARTMENT14
OF THE INTERIOR.15
(4) Repeal. T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2025.16
SECTION 2. Appropriation. For the 2023-24 state fiscal year,
17
$50,000 is appropriated to the department of natural resources for use by18
the Colorado water conservation board. This appropriation is from the19
Colorado water conservation board construction fund created in section20
37-60-121 (1)(a), C.R.S. To implement this act, the board may use this21
appropriation for operating expenses.22
SECTION 3. Act subject to petition - effective date. This act23
takes effect at 12:01 a.m. on the day following the expiration of the24
ninety-day period after final adjournment of the general assembly; except25
that, if a referendum petition is filed pursuant to section 1 (3) of article V26
of the state constitution against this act or an item, section, or part of this27
262
-5- act within such period, then the act, item, section, or part will not take1
effect unless approved by the people at the general election to be held in2
November 2024 and, in such case, will take effect on the date of the3
official declaration of the vote thereon by the governor.4
262
-6-