First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 23-0994.01 Richard Sweetman x4333
SENATE BILL 23-267
Senate Committees House Committees
Agriculture & Natural Resources
Finance
Appropriations
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 AND MAKING AN
105
APPROPRIATION.106
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
SENATE
3rd Reading Unamended
April 25, 2023
SENATE
Amended 2nd Reading
April 24, 2023
SENATE SPONSORSHIP
Van Winkle and Cutter, Kolker, Sullivan
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. require each visitor to Chatfield state park to pay, in addition to any other
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
267-2- numerous recreational activities, including swimming, boating,1
paddleboarding, fishing, wildlife viewing, biking, camping, and2
horseback riding;3
(d) The Chatfield watershed authority (authority) was established4
in 1984 when the governor designated the authority as a 208 management5
agency, in accordance with section 208 of the "Federal Water Pollution6
Control Act", also known as the federal "Clean Water Act", 33 U.S.C.7
sec. 1251 et seq.;8
(e) The authority includes Jefferson county, Douglas county, the9
town of Castle Rock, the city of Littleton, the town of Larkspur, and10
water and wastewater providers in the Chatfield watershed;11
(f) The authority's mission is to promote protection of water12
quality in the Chatfield watershed for drinking water supplies, recreation,13
fisheries, and other beneficial uses;14
(g) The authority preserves these beneficial uses in Chatfield15
reservoir and in the watershed through the promotion of point source,16
nonpoint source, and storm water controls;17
(h) Under regulation 73 of the water quality control commission,18
the authority is required to limit the total maximum annual load of total19
phosphorus entering the Chatfield reservoir;20
(i) The authority continues to implement regulation 73 and21
coordinate with state and federal agencies regarding water quality control22
measures;23
(j) The authority is also required to maintain compliance with24
chlorophyll-a and phosphorous standards imposed by regulation 38 of the25
water quality control commission;26
(k) Since 1984, the authority and its members have monitored27
267
-3- water quality in the Chatfield reservoir and upstream in the Chatfield1
watershed and have undertaken measures to protect water quality in the2
watershed through voluntary funding contributions and grants;3
(l) The Chatfield watershed plan identifies opportunities within4
the watershed to address the chemical, physical, and biological pollutants5
that impact the watershed, including controlling runoff from wildfire burn6
areas, reducing phosphorus quantities by stabilizing degraded7
streambanks, mitigating runoff from agricultural lands, minimizing8
leachate from septic systems, and providing public education for reducing9
contamination from the actions of people;10
(m) The effects of increased floods and wildfires threaten to11
increase pollutant loadings to Chatfield reservoir; and12
(n) The authority is unable to qualify for grant programs, which13
typically require a certain level of matching funds.14
(2) The general assembly declares that it is in the best interests of15
the state to:16
(a) Create a water quality fee to be imposed with the entrance fee17
that visitors pay to visit Chatfield state park;18
(b) Require the division of parks and wildlife to collect the water19
quality fee and pay the amounts collected as water quality fees to the20
authority; and21
(c) Require the authority to expend the money to provide for a22
regional, coordinated approach to phosphorous and other nonpoint source23
pollution control in the Chatfield watershed, including providing for the24
construction, operation, and maintenance of nonpoint source projects,25
water quality monitoring, and urban runoff and erosion management and26
control.27
267
-4- SECTION 2. In Colorado Revised Statutes, add 33-9-114 as1
follows:2
33-9-114. Chatfield state park - water quality fee - Chatfield3
watershed authority - definition - repeal. (1) A
S USED IN THIS SECTION,4
"C
HATFIELD WATERSHED AUTHORITY ", OR "AUTHORITY", MEANS THE5
C
HATFIELD WATERSHED AUTHORITY ESTABLISHED BY AN6
INTERGOVERNMENTAL AGREEMENT EXECUTED PURSUANT TO SECTIONS7
29-1-203
AND 29-1-204.2 AND INCLUDING THE FOLLOWING MEMBERS :8
(a) J
EFFERSON COUNTY;9
(b) D
OUGLAS COUNTY;10
(c) T
HE CITY OF LITTLETON;11
(d) T
HE TOWN OF CASTLE ROCK;12
(e) T
HE TOWN OF LARKSPUR;13
(f) C
ASTLE PINES METROPOLITAN DISTRICT;14
(g) C
ENTENNNIAL WATER AND SANITATION DISTRICT ;15
(h) D
OMINION WATER AND SANITATION DISTRICT ;16
(i) L
OUVIERS WATER AND SANITATION DISTRICT ;17
(j) P
ERRY PARK WATER AND SANITATION DISTRICT ;18
(k) R
OXBOROUGH WATER AND SANITATION DISTRICT ;19
(l) T
HE CITY AND COUNTY OF DENVER, ACTING BY AND THROUGH20
ITS BOARD OF WATER COMMISSIONERS ; AND21
(m) T
HE PLUM CREEK WATER RECLAMATION AUTHORITY .22
(2) O
N AND AFTER JANUARY 1, 2024, IN ADDITION TO ANY OTHER23
FEE THAT THE DIVISION MAY CHARGE FOR ADMISSION TO CHATFIELD
24
STATE PARK, THE DIVISION SHALL CHARGE A WATER QUALITY FEE IN THE25
FOLLOWING AMOUNTS :26
(a) F
OR A PERSON WHO USES A DAILY VEHICLE PASS TO ENTER THE
27
267
-5- PARK, THE AMOUNT OF THE WATER QUALITY FEE IS ONE DOLLAR , TO BE1
PAID FOR EACH VISIT; AND2
(b) F
OR A PERSON WHO USES AN ANNUAL PARKS PASS OR A KEEP3
C
OLORADO WILD PASS, AS DESCRIBED IN SECTION 33-12-108, TO ENTER4
THE PARK, THE AMOUNT OF THE WATER QUALITY FEE IS THREE DOLLARS ,5
TO BE PAID ONCE ANNUALLY.6
(3) B
EGINNING APRIL 1, 2024, AND EVERY THREE MONTHS7
THEREAFTER, THE DIVISION SHALL PAY THE TOTAL AMOUNT OF MONEY8
COLLECTED DURING THE PRECEDING THREE MONTHS AS WATER QUALITY9
FEES PURSUANT TO SUBSECTION (2) OF THIS SECTION TO THE CHATFIELD10
WATERSHED AUTHORITY ; EXCEPT THAT THE DIVISION MAY RETAIN UP TO11
THREE PERCENT OF THE MONEY TO PAY THE DIVISION 'S ADMINISTRATIVE12
EXPENSES.13
(4) T
HE AUTHORITY SHALL EXPEND THE MONEY RECEIVED14
PURSUANT TO SUBSECTION (3) OF THIS SECTION TO PROVIDE FOR A15
REGIONAL, COORDINATED APPROACH TO PHOSPHOROUS AND OTHER16
NONPOINT SOURCE POLLUTION CONTROL IN THE CHATFIELD WATERSHED,17
INCLUDING PROVIDING FOR THE CONSTRUCTION , OPERATION, AND18
MAINTENANCE OF NONPOINT SOURCE PROJECTS , WATER QUALITY19
MONITORING, AND URBAN RUNOFF AND EROSION MANAGEMENT AND20
CONTROL.21
(5) T
HIS SECTION IS REPEALED, EFFECTIVE JANUARY 1, 2029.22
SECTION 3. Appropriation. For the 2023-24 state fiscal year,
23
$250,000 is appropriated to the department of natural resources for use24
by the division of parks and wildlife. This appropriation is from the parks25
and outdoor recreation cash fund created in section 33-10-111 (1), C.R.S.26
To implement this act, the division may use this appropriation for27
267
-6- payment to the chatfield water authority and related administrative costs.1
SECTION 4. Act subject to petition - effective date. This act2
takes effect at 12:01 a.m. on the day following the expiration of the3
ninety-day period after final adjournment of the general assembly; except4
that, if a referendum petition is filed pursuant to section 1 (3) of article V5
of the state constitution against this act or an item, section, or part of this6
act within such period, then the act, item, section, or part will not take7
effect unless approved by the people at the general election to be held in8
November 2024 and, in such case, will take effect on the date of the9
official declaration of the vote thereon by the governor.10
267
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