Colorado 2023 Regular Session

Colorado Senate Bill SB262 Compare Versions

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11 First Regular Session
22 Seventy-fourth General Assembly
33 STATE OF COLORADO
4-REENGROSSED
5-This Version Includes All Amendments
6-Adopted in the House of Introduction
4+ENGROSSED
5+This Version Includes All Amendments Adopted
6+on Second Reading in the House of Introduction
77 LLS NO. 23-0199.01 Richard Sweetman x4333
88 SENATE BILL 23-262
99 Senate Committees House Committees
1010 Agriculture & Natural Resources
1111 Appropriations
1212 A BILL FOR AN ACT
1313 C
1414 ONCERNING REQUIRING THE COLORADO WATER CONSERVATION101
1515 BOARD TO STUDY THE FEASIBILITY OF WATER DESALINATION AS102
1616 A POTENTIAL CONTRIBUTING SOLUTION TO THE CRISIS OF103
1717 WATER SCARCITY IN THE COLORADO RIVER BASIN , AND, IN
1818 104
1919 CONNECTION THEREWITH , MAKING AN APPROPRIATION .105
2020 Bill Summary
2121 (Note: This summary applies to this bill as introduced and does
2222 not reflect any amendments that may be subsequently adopted. If this bill
2323 passes third reading in the house of introduction, a bill summary that
2424 applies to the reengrossed version of this bill will be available at
2525 http://leg.colorado.gov
2626 .)
2727 The bill requires the Colorado water conservation board (CWCB)
2828 to perform a comprehensive literature review of existing research on the
2929 SENATE
30-3rd Reading Unamended
31-April 24, 2023
32-SENATE
3330 Amended 2nd Reading
3431 April 21, 2023
3532 SENATE SPONSORSHIP
36-Priola and Mullica, Jaquez Lewis
33+Priola and Mullica,
3734 HOUSE SPONSORSHIP
3835 Ricks and Soper,
3936 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
4037 Capital letters or bold & italic numbers indicate new material to be added to existing law.
4138 Dashes through the words or numbers indicate deletions from existing law. challenges and opportunities of desalination facilities in California or
4239 Mexico. The literature review must include a summary of the current
4340 status of research on desalination, including quantification of certain costs
4441 of and benefits that could be realized from the construction and perpetual
4542 operation of one or more water desalination facilities in California or
4643 Mexico, or both.
4744 On or before July 1, 2025, the CWCB must complete the study and
4845 submit a report of the CWCB's findings and recommendations to:
4946 ! The Colorado legislative committees of reference that
5047 consider water matters;
5148 ! The governor; and
5249 ! The bureau of reclamation in the federal department of the
5350 interior.
5451 Be it enacted by the General Assembly of the State of Colorado:1
5552 SECTION 1. In Colorado Revised Statutes, add 37-60-136 as2
5653 follows:3
5754 37-60-136. Study regarding feasibility of water desalination4
5855 solutions for the Colorado river basin - legislative declaration -5
5956 required considerations - report - repeal. (1) Legislative declaration.6
6057 (a) T
6158 HE GENERAL ASSEMBLY FINDS THAT :7
6259 (I) T
6360 HE COLORADO RIVER SYSTEM , WHICH SUPPLIES NEARLY8
6461 FORTY MILLION PEOPLE ACROSS THE WESTERN UNITED STATES WITH9
6562 DRINKING WATER AND IRRIGATES APPROXIMATELY FIVE MILLION ACRES OF10
6663 FARMLAND, IS FACING HISTORIC LOWS AS A RESULT OF SUSTAINED11
6764 DROUGHT CONDITIONS; AND12
6865 (II) T
6966 HE SEVEN STATES OF THE COLORADO RIVER BASIN ARE13
7067 STRUGGLING TO CONCEIVE AND IMPLEMENT ADEQUATE MEASURES TO14
7168 REDUCE WATER USAGE, CONSERVE AVAILABLE WATER SUPPLIES, AND PLAN15
7269 FOR A NEAR FUTURE WITH INCREASINGLY SCARCE WATER SUPPLIES .16
7370 (b) T
7471 HE GENERAL ASSEMBLY ALSO FINDS THAT :17
7572 (I) D
7673 ESALINATION FACILITIES HAVE BEEN SUCCESSFULLY18
7774 262-2- CONSTRUCTED AND DEPLOYED IN THE UNITED STATES AND MANY OTHER1
7875 NATIONS, INCLUDING AUSTRALIA, ISRAEL, QATAR, SINGAPORE, AND2
7976 S
8077 AUDI ARABIA;3
8178 (II) T
8279 HESE FACILITIES LOCATED ALONG COASTAL COMMUNITIES4
8380 HAVE DEMONSTRATED THAT DESALINATION OF SEAWATER IS A VIABLE5
8481 AND COST-EFFECTIVE WAY TO DEVELOP NEW SUPPLIES OF WATER THAT6
8582 CAN BE SAFELY USED AS DRINKING WATER AND FOR OTHER BENEFICIAL7
8683 PURPOSES;8
8784 (III) C
8885 ALIFORNIA CURRENTLY HAS TWELVE WATER DESALINATION9
8986 FACILITIES OPERATING OFF ITS COAST AND RECENTLY APPROVED THE10
9087 INVESTMENT OF ONE HUNDRED FORTY MILLION DOLLARS TO CONSTRUCT11
9188 A THIRTEENTH FACILITY CALLED THE DOHENY OCEAN DESALINATION12
9289 P
9390 ROJECT, WHICH IS EXPECTED TO SUPPLY FIVE MILLION GALLONS OF13
9491 DRINKING WATER PER DAY FOR FORTY T HOUSAND PEOPLE IN ORANGE14
9592 COUNTY AND IS EXPECTED TO REDUCE THE COUNTY 'S RELIANCE ON WATER15
9693 IMPORTED THROUGH THE CALIFORNIA STATE WATER PROJECT AND FROM16
9794 THE COLORADO RIVER BY UP TO SEVENTY PERCENT ;17
9895 (IV) D
9996 ESALINATION OPERATIONS IN CALIFORNIA AND MEXICO18
10097 COULD REDUCE THE DEMANDS PLACED ON THE COLORADO RIVER BY19
10198 LOWER BASIN STATES, INCLUDING CALIFORNIA AND ARIZONA, WHERE20
10299 DESALINATED WATER CAN BE PUT TO BENEFICIAL USES ; AND21
103100 (V) A
104101 LTHOUGH DESALINATION OF SEAWATER WILL NOT22
105102 SINGLE-HANDEDLY SOLVE THE CURRENT COLORADO RIVER CRISIS, ITS23
106103 POTENTIAL AS A CONTRIBUTING SOLUTION HAS NOT BEEN FULLY24
107104 DEVELOPED AND UTILIZED AND IS WORTH EXPLORING AND QUANTIFYING .25
108105 (c) T
109106 HEREFORE, THE GENERAL ASSEMBLY DECLARES THAT IT IS26
110107 IMPORTANT THAT THE BOARD STUDY AND REPORT ON THE FEASIBILITY OF27
111108 262
112109 -3- BASIN-WIDE COOPERATION TO BUILD ADDITIONAL WATER DESALINATION1
113110 FACILITIES AS A POTENTIAL CONTRIBUTING SOLUTION TO THE PROBLEM OF2
114111 WATER SCARCITY IN THE COLORADO RIVER BASIN AND SHARE THAT3
115112 INFORMATION WITH NEIGHBORING STATES IN THE BASIN .4
116113 (2) Literature review required. T
117114 HE BOARD SHALL PERFORM A5
118115 COMPREHENSIVE LITERATURE REVIEW OF EXISTING RESEARCH ON THE6
119116 CHALLENGES AND OPPORTUNITIES OF DESALINATION FACILITIES IN7
120117 C
121118 ALIFORNIA OR MEXICO. THE LITERATURE REVIEW MUST INCLUDE A8
122119 SUMMARY OF THE CURRENT STATUS OF RESEARCH AND IDENTIFICATION OF9
123120 GAPS IN EXISTING RESEARCH ON THE FOLLOWING TOPICS AS THEY RELATE10
124121 TO DESALINATION:11
125122 (a) C
126123 OSTS ASSOCIATED WITH THE CONSTRUCTION OF WATER12
127124 DESALINATION FACILITIES IN CALIFORNIA OR MEXICO;13
128125 (b) A
129126 NALYSIS OF THE ANNUAL COSTS OF OPERATING AND14
130127 MAINTAINING WATER DESALINATION FACILITIES ;15
131128 (c) T
132129 HE AMOUNT OF SEAWATER THAT COULD BE DESALINATED16
133130 ANNUALLY AND PUT TO BENEFICIAL USES IN CALIFORNIA AND ARIZONA;17
134131 (d) A
135132 N ESTIMATE OF THE AMOUNTS BY WHICH CALIFORNIA,18
136133 A
137134 RIZONA, AND MEXICO COULD REDUCE THEIR RESPECTIVE USE OF WATER19
138135 FROM THE COLORADO RIVER AS A RESULT OF IMPLEMENTING AND20
139136 OPERATING DESALINATION FACILITIES;21
140137 (e) T
141138 HE ROLE THAT RENEWABLE ENERGY MAY PLAY IN OPERATING22
142139 AND BENEFITTING FROM DESALINATION FACILITIES ;23
143140 (f) T
144141 HE ENVIRONMENTAL EFFECTS OF DESALINATION OF24
145142 SEAWATER; AND25
146143 (g) I
147144 DENTIFICATION OF POTENTIAL FUNDING SOURCES TO PAY26
148145 START-UP COSTS, INCLUDING COSTS FOR THE CONSTRUCTION OF27
149146 262
150147 -4- FACILITIES, INCLUDING CONSIDERATION OF PUBLIC AND PRIVATE FUNDING1
151148 SOURCES IN EACH STATE WITHIN THE UPPER AND LOWER COLORADO RIVER2
152149 BASINS.3
153150 (3) Report required. O
154151 N OR BEFORE JULY 1, 2025, THE BOARD4
155152 SHALL COMPLETE THE LITERATURE REVIEW DESCRIBED IN SUBSECTION (2)5
156153 OF THIS SECTION AND SUBMIT A REPORT OF THE BOARD 'S FINDINGS AND6
157154 RECOMMENDATIONS TO :7
158155 (a) T
159156 HE AGRICULTURE, WATER, AND NATURAL RESOURCES8
160157 COMMITTEE OF THE HOUSE OF REPRESENTATIVES , THE AGRICULTURE AND9
161158 NATURAL RESOURCES COMMITTEE OF THE SENATE , AND THE WATER10
162159 RESOURCES AND AGRICULTURE REVIEW COMMITTEE , OR TO ANY11
163160 SUCCESSOR COMMITTEES;12
164161 (b) T
165162 HE GOVERNOR; AND13
166163 (c) T
167164 HE BUREAU OF RECLAMATION IN THE FEDERAL DEPARTMENT14
168165 OF THE INTERIOR.15
169166 (4) Repeal. T
170167 HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2025.16
171168 SECTION 2. Appropriation. For the 2023-24 state fiscal year,
172169 17
173170 $50,000 is appropriated to the department of natural resources for use by18
174171 the Colorado water conservation board. This appropriation is from the19
175172 Colorado water conservation board construction fund created in section20
176173 37-60-121 (1)(a), C.R.S. To implement this act, the board may use this21
177174 appropriation for operating expenses.22
178175 SECTION 3. Act subject to petition - effective date. This act23
179176 takes effect at 12:01 a.m. on the day following the expiration of the24
180177 ninety-day period after final adjournment of the general assembly; except25
181178 that, if a referendum petition is filed pursuant to section 1 (3) of article V26
182179 of the state constitution against this act or an item, section, or part of this27
183180 262
184181 -5- act within such period, then the act, item, section, or part will not take1
185182 effect unless approved by the people at the general election to be held in2
186183 November 2024 and, in such case, will take effect on the date of the3
187184 official declaration of the vote thereon by the governor.4
188185 262
189186 -6-