First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0994.01 Richard Sweetman x4333
SENATE BILL 23-267
Senate Committees House Committees
Agriculture & Natural Resources
A BILL FOR AN ACT
C
ONCERNING A WATER QUALITY FEE TO BE PAID FOR ADMISSION TO101
C
HATFIELD STATE PARK , AND, IN CONNECTION THEREWITH ,102
REQUIRING THE DIVISION OF PARKS AND WILDLIFE TO COLLECT103
THE FEE AND TRANSFER THE AMO UNT OF THE FEE TO THE104
C
HATFIELD WATERSHED AUTHORITY .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 division of parks and wildlife (division) to
require each visitor to Chatfield state park to pay, in addition to any other
SENATE SPONSORSHIP
Van Winkle and Cutter,
HOUSE SPONSORSHIP
Titone and Bradley,
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. fee that the division charges for admission to the park, a water quality fee
in the following amount:
! For a person who pays the daily fee to enter the park, the
amount of the water quality fee is $1, to be paid for each
visit; and
! For a person who uses an annual parks pass or a keep
Colorado wild pass to enter the park, the amount of the
water quality fee is $3, to be paid once annually.
Beginning April 1, 2024, and every 3 months thereafter, the
division shall pay the total amount of money collected during the
preceding 3 months as water quality fees to the Chatfield watershed
authority (authority); except that the division may retain up to 3% of the
money to pay the division's administrative expenses. The authority is
required to expend the money to provide for a regional, coordinated
approach to phosphorous and other nonpoint source pollution control in
the Chatfield watershed, including providing for the construction,
operation, and maintenance of nonpoint source projects, water quality
monitoring, and urban runoff and erosion management and control.
The water quality fee and associated requirements are repealed,
effective January 1, 2029.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds that:3
(a) Chatfield state park is situated in the lower foothills of the4
front range on the southwestern edge of Denver, and Chatfield reservoir,5
located in Chatfield state park, is a 1,400 surface acre water body at the6
confluence of Plum creek and the South Platte river;7
(b) Chatfield reservoir was constructed in 1970 for the purpose of8
providing regional flood control for the Denver metropolitan area and is9
a regional water supply source for multiple local and regional water10
producers;11
(c) Chatfield state park is one of the most popular recreation areas12
in the Denver metropolitan region and in all of Colorado and offers13
numerous recreational activities, including swimming, boating,14
SB23-267-2- paddleboarding, fishing, wildlife viewing, biking, camping, and1
horseback riding;2
(d) The Chatfield watershed authority (authority) was established3
in 1984 when the governor designated the authority as a 208 management4
agency, in accordance with section 208 of the "Federal Water Pollution5
Control Act", also known as the federal "Clean Water Act", 33 U.S.C.6
sec. 1251 et seq.;7
(e) The authority includes Jefferson county, Douglas county, the8
town of Castle Rock, the city of Littleton, the town of Larkspur, and9
water and wastewater providers in the Chatfield watershed;10
(f) The authority's mission is to promote protection of water11
quality in the Chatfield watershed for drinking water supplies, recreation,12
fisheries, and other beneficial uses;13
(g) The authority preserves these beneficial uses in Chatfield14
reservoir and in the watershed through the promotion of point source,15
nonpoint source, and storm water controls;16
(h) Under regulation 73 of the water quality control commission,17
the authority is required to limit the total maximum annual load of total18
phosphorus entering the Chatfield reservoir;19
(i) The authority continues to implement regulation 73 and20
coordinate with state and federal agencies regarding water quality control21
measures;22
(j) The authority is also required to maintain compliance with23
chlorophyll-a and phosphorous standards imposed by regulation 38 of the24
water quality control commission;25
(k) Since 1984, the authority and its members have monitored26
water quality in the Chatfield reservoir and upstream in the Chatfield27
SB23-267
-3- watershed and have undertaken measures to protect water quality in the1
watershed through voluntary funding contributions and grants;2
(l) The Chatfield watershed plan identifies opportunities within3
the watershed to address the chemical, physical, and biological pollutants4
that impact the watershed, including controlling runoff from wildfire burn5
areas, reducing phosphorus quantities by stabilizing degraded6
streambanks, mitigating runoff from agricultural lands, minimizing7
leachate from septic systems, and providing public education for reducing8
contamination from the actions of people;9
(m) The effects of increased floods and wildfires threaten to10
increase pollutant loadings to Chatfield reservoir; and11
(n) The authority is unable to qualify for grant programs, which12
typically require a certain level of matching funds.13
(2) The general assembly declares that it is in the best interests of14
the state to:15
(a) Create a water quality fee to be imposed with the entrance fee16
that visitors pay to visit Chatfield state park;17
(b) Require the division of parks and wildlife to collect the water18
quality fee and pay the amounts collected as water quality fees to the19
authority; and20
(c) Require the authority to expend the money to provide for a21
regional, coordinated approach to phosphorous and other nonpoint source22
pollution control in the Chatfield watershed, including providing for the23
construction, operation, and maintenance of nonpoint source projects,24
water quality monitoring, and urban runoff and erosion management and25
control.26
SECTION 2. In Colorado Revised Statutes, add 33-9-114 as27
SB23-267
-4- follows:1
33-9-114. Chatfield state park - water quality fee - Chatfield2
watershed authority - definition - repeal. (1) A
S USED IN THIS SECTION,3
"C
HATFIELD WATERSHED AUTHORITY ", OR "AUTHORITY", MEANS THE4
C
HATFIELD WATERSHED AUTHORITY ESTABLISHED BY AN5
INTERGOVERNMENTAL AGREEMENT EXECUTED PURSUANT TO SECTIONS6
29-1-203
AND 29-1-204.2 AND INCLUDING THE FOLLOWING MEMBERS :7
(a) J
EFFERSON COUNTY;8
(b) D
OUGLAS COUNTY;9
(c) T
HE CITY OF LITTLETON;10
(d) T
HE TOWN OF CASTLE ROCK;11
(e) T
HE TOWN OF LARKSPUR;12
(f) C
ASTLE PINES METROPOLITAN DISTRICT;13
(g) C
ENTENNNIAL WATER AND SANITATION DISTRICT ;14
(h) D
OMINION WATER AND SANITATION DISTRICT ;15
(i) L
OUVIERS WATER AND SANITATION DISTRICT ;16
(j) P
ERRY PARK WATER AND SANITATION DISTRICT ;17
(k) R
OXBOROUGH WATER AND SANITATION DISTRICT ;18
(l) T
HE CITY AND COUNTY OF DENVER, ACTING BY AND THROUGH19
ITS BOARD OF WATER COMMISSIONERS ; AND20
(m) T
HE PLUM CREEK WATER RECLAMATION AUTHORITY .21
(2) O
N AND AFTER JANUARY 1, 2024, IN ADDITION TO ANY OTHER22
FEE THAT THE DIVISION MAY CHARGE VISITORS FOR ADMISSION TO23
C
HATFIELD STATE PARK, THE DIVISION SHALL REQUIRE EACH VISITOR TO24
PAY A WATER QUALITY FEE IN THE FOLLOWING AMOUNT :25
(a) F
OR A PERSON WHO PAYS THE DAILY FEE TO ENTER THE PARK ,26
THE AMOUNT OF THE WATER QUALITY FEE IS ONE DOLLAR , TO BE PAID FOR27
SB23-267
-5- EACH VISIT; AND1
(b) F
OR A PERSON WHO USES AN ANNUAL PARKS PASS OR A KEEP2
C
OLORADO WILD PASS, AS DESCRIBED IN SECTION 33-12-108, TO ENTER3
THE PARK, THE AMOUNT OF THE WATER QUALITY FEE IS THREE DOLLARS ,4
TO BE PAID ONCE ANNUALLY.5
(3) B
EGINNING APRIL 1, 2024, AND EVERY THREE MONTHS6
THEREAFTER, THE DIVISION SHALL PAY THE TOTAL AMOUNT OF MONEY7
COLLECTED DURING THE PRECEDING THREE MONTHS AS WATER QUALITY8
FEES PURSUANT TO SUBSECTION (2) OF THIS SECTION TO THE CHATFIELD9
WATERSHED AUTHORITY ; EXCEPT THAT THE DIVISION MAY RETAIN UP TO10
THREE PERCENT OF THE MONEY TO PAY THE DIVISION 'S ADMINISTRATIVE11
EXPENSES.12
(4) T
HE AUTHORITY SHALL EXPEND THE MONEY RECEIVED13
PURSUANT TO SUBSECTION (3) OF THIS SECTION TO PROVIDE FOR A14
REGIONAL, COORDINATED APPROACH TO PHOSPHOROUS AND OTHER15
NONPOINT SOURCE POLLUTION CONTROL IN THE CHATFIELD WATERSHED,16
INCLUDING PROVIDING FOR THE CONSTRUCTION , OPERATION, AND17
MAINTENANCE OF NONPOINT SOURCE PROJECTS , WATER QUALITY18
MONITORING, AND URBAN RUNOFF AND EROSION MANAGEMENT AND19
CONTROL.20
(5) T
HIS SECTION IS REPEALED, EFFECTIVE JANUARY 1, 2029.21
SECTION 3. Act subject to petition - effective date. This act22
takes effect at 12:01 a.m. on the day following the expiration of the23
ninety-day period after final adjournment of the general assembly; except24
that, if a referendum petition is filed pursuant to section 1 (3) of article V25
of the state constitution against this act or an item, section, or part of this26
act within such period, then the act, item, section, or part will not take27
SB23-267
-6- effect unless approved by the people at the general election to be held in1
November 2024 and, in such case, will take effect on the date of the2
official declaration of the vote thereon by the governor.3
SB23-267
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