First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 23-0994.01 Richard Sweetman x4333
SENATE BILL 23-267
Senate Committees House Committees
Agriculture & Natural Resources Finance
Finance Appropriations
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. 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
HOUSE
Amended 2nd Reading
May 6, 2023
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. 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
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
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 support water21
quality projects that benefit Chatfield state park, including projects that22
provide for the construction, operation, and maintenance of nonpoint23
source projects, water quality monitoring, and urban runoff and erosion24
management and control.25
26
SECTION 2. In Colorado Revised Statutes, add 33-9-114 as27
267
-4- follows:1
33-9-114. Chatfield state park - water quality fee - Chatfield2
watershed authority - process for requesting a water quality fee -3
definitions - rules. (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT4
OTHERWISE REQUIRES:5
(a) "CHATFIELD WATERSHED AUTHORITY" MEANS THE CHATFIELD6
WATERSHED AUTHORITY ESTABLISHED BY AN INTERGOVERNMENTAL7
AGREEMENT EXECUTED PURSUANT TO SECTIONS 29-1-203 AND 29-1-204.28
AND INCLUDING THE FOLLOWING MEMBERS :9
(I) JEFFERSON COUNTY;10
(II) DOUGLAS COUNTY;11
(III) THE CITY OF LITTLETON;12
(IV) THE TOWN OF CASTLE ROCK;13
(V) THE TOWN OF LARKSPUR;14
(VI) CASTLE PINES METROPOLITAN DISTRICT;15
(VII) CENTENNNIAL WATER AND SANITATION DISTRICT ;16
(VIII) DOMINION WATER AND SANITATION DISTRICT ;17
(IX) LOUVIERS WATER AND SANITATION DISTRICT ;18
(X) PERRY PARK WATER AND SANITATION DISTRICT ;19
(XI) ROXBOROUGH WATER AND SANITATION DISTRICT ;20
(XII) THE CITY AND COUNTY OF DENVER, ACTING BY AND21
THROUGH ITS BOARD OF WATER COMMISSIONERS ; AND22
(XIII) THE PLUM CREEK WATER RECLAMATION AUTHORITY .23
(b) "FUND" MEANS THE PARKS AND OUTDOOR RECREATION CASH24
FUND CREATED IN SECTION 33-10-111 (1).25
(c) "WATER QUALITY FEE" MEANS A WATER QUALITY FEE26
ESTABLISHED BY RULES PROMULGATED BY THE COMMISSION PURSUANT TO27
267
-5- SUBSECTION (2) OF THIS SECTION.1
(2) (a) ON OR BEFORE JULY 1, 2024, THE COMMISSION SHALL2
PROMULGATE RULES ESTABLISHING :3
(I) A PROCESS BY WHICH THE CHATFIELD WATERSHED AUTHORITY4
MAY REQUEST THAT THE COMMISSION CREATE BY RULE A WATER QUALITY5
FEE TO BE COLLECTED BY THE DIVISION FROM VISITORS TO CHATFIELD6
STATE PARK;7
(II) CRITERIA FOR APPROVING A REQUEST FOR A WATER QUALITY8
FEE; AND9
(III) CRITERIA FOR DETERMINING WHICH VISITORS TO CHATFIELD10
STATE PARK SHOULD BE REQUIRED TO PAY A WATER QUALITY FEE; EXCEPT11
THAT IN PROMULGATING SUCH RULES, THE COMMISSION SHALL ENSURE12
THAT THE DIVISION SHALL NOT COLLECT A WATER QUALITY FEE FROM A13
VISITOR WHO HOLDS AN ANNUAL OR LIFETIME PASS TO VISIT STATE PARKS.14
(b) IN PROMULGATING RULES PURSUANT TO SUBSECTION (2)(a) OF15
THIS SECTION, THE COMMISSION SHALL ENSURE THAT THE AMOUNT OF A16
WATER QUALITY FEE:17
(I) IS ROUNDED TO THE NEAREST DOLLAR ; AND18
(II) DOES NOT EXCEED TWO DOLLARS, EXCEPT AS DESCRIBED IN19
SUBSECTION (4)(c) OF THIS SECTION.20
(c) ON AND AFTER JULY 1, 2024, THE COMMISSION MAY CREATE A21
WATER QUALITY FEE PURSUANT TO RULES PROMULGATED PURSUANT TO22
THIS SUBSECTION (2).23
(3) THE COMMISSION SHALL NOT UNREASONABLY DENY A REQUEST24
BY THE CHATFIELD WATERSHED AUTHORITY TO CREATE A WATER QUALITY25
FEE AS DESCRIBED IN SUBSECTION (2) OF THIS SECTION.26
(4) IF THE COMMISSION ESTABLISHES A WATER QUALITY FEE27
267
-6- PURSUANT TO RULES PROMULGATED PURSUANT TO SUBSECTION (2) OF1
THIS SECTION, THE COMMISSION:2
(a) SHALL REQUIRE THE CHATFIELD WATERSHED AUTHORITY TO3
EXPEND UP TO TWENTY-FIVE PERCENT OF THE MONEY RECEIVED FROM THE4
DIVISION PURSUANT TO SUBSECTION (5)(a) OF THIS SECTION ON WATER5
QUALITY PROJECTS WITHIN THE BOUNDARIES OF CHATFIELD STATE PARK;6
(b) MAY INCLUDE ADDITIONAL REQUIREMENTS AND RESTRICTIONS7
CONCERNING THE EXPENDITURE BY THE CHATFIELD WATERSHED8
AUTHORITY OF MONEY RECEIVED FROM THE DIVISION PURSUANT TO9
SUBSECTION (5)(a) OF THIS SECTION ON WATER QUALITY PROJECTS INSIDE10
THE BOUNDARIES OF CHATFIELD STATE PARK; AND11
(c) SHALL REVIEW THE WATER QUALITY FEE ON JANUARY 1, 2030,12
AND ON EACH JANUARY 1 EVERY FIVE YEARS THEREAFTER. AFTER EACH13
SUCH REVIEW, THE COMMISSION MAY EITHER:14
(I) ELIMINATE THE WATER QUALITY FEE IF THE COMMISSION15
DETERMINES THAT THE WATER QUALITY FEE IS NO LONGER NECESSARY ; OR16
(II) ADJUST THE AMOUNT OF THE WATER QUALITY FEE TO17
ACCOUNT FOR INFLATION OR DEFLATION. IN CALCULATING INFLATION OR18
DEFLATION, THE COMMISSION SHALL USE THE UNITED STATES19
DEPARTMENT OF LABOR'S BUREAU OF LABOR STATISTICS CONSUMER PRICE20
INDEX FOR DENVER-AURORA-LAKEWOOD FOR ALL ITEMS PAID BY ALL21
URBAN CONSUMERS, OR ITS APPLICABLE PREDECESSOR OR SUCCESSOR22
INDEX.23
(5) IF THE COMMISSION ESTABLISHES A WATER QUALITY FEE24
PURSUANT TO RULES PROMULGATED PURSUANT TO SUBSECTION (2) OF25
THIS SECTION:26
(a) THE DIVISION SHALL COLLECT THE WATER QUALITY FEE ON AND27
267
-7- AFTER JANUARY 1, 2025, IN THE MANNER PRESCRIBED BY RULES OF THE1
COMMISSION. EXCEPT AS DESCRIBED IN SUBSECTION (5)(c) OF THIS2
SECTION, THE DIVISION SHALL TRANSFER THE TOTAL AMOUNT OF MONEY3
COLLECTED AS WATER QUALITY FEES TO THE STATE TREASURER , WHO4
SHALL CREDIT THE MONEY TO THE FUND. MONEY IN THE FUND THAT WAS5
COLLECTED AS WATER QUALITY FEES IS CONTINUOUSLY APPROPRIATED TO6
THE DEPARTMENT FOR ALLOCATION TO THE DIVISION FOR PURPOSES7
DESCRIBED IN THIS SECTION.8
(b) BEGINNING JULY 1, 2025, AND EACH SIX MONTHS THEREAFTER,9
EXCEPT AS DESCRIBED IN SUBSECTION (5)(c) OF THIS SECTION, THE10
DIVISION SHALL PAY TO THE CHATFIELD WATERSHED AUTHORITY THE11
TOTAL AMOUNT OF MONEY COLLECTED AS WATER QUALITY FEES DURING12
THE PRECEDING SIX MONTHS. THE MONEY SHALL BE PAID FROM THE FUND.13
(c) THE DIVISION SHALL ANNUALLY PERFORM AN ANALYSIS TO14
DETERMINE THE NET INCREMENTAL COSTS INCURRED BY THE DIVISION IN15
COLLECTING AND ADMINISTERING THE WATER QUALITY FEE . THE DIVISION16
MAY RETAIN A PORTION OF THE AMOUNT OF MONEY COLLECTED AS WATER17
QUALITY FEES TO PAY SUCH COSTS; EXCEPT THAT THE DIVISION SHALL NOT18
RETAIN MORE THAN THREE AND ONE -THIRD PERCENT OF SUCH MONEY .19
(6) THE CHATFIELD WATERSHED AUTHORITY SHALL EXPEND THE20
MONEY RECEIVED FROM THE DIVISION PURSUANT TO SUBSECTION (5)(b) OF21
THIS SECTION TO SUPPORT WATER QUALITY PROJECTS , INCLUDING22
PROJECTS THAT PROVIDE FOR THE CONSTRUCTION, OPERATION, AND23
MAINTENANCE OF NONPOINT SOURCE PROJECTS , WATER QUALITY24
MONITORING, AND URBAN RUNOFF AND EROSION MANAGEMENT AND25
CONTROL.26
27
267
-8- SECTION 3. Act subject to petition - effective date. This act1
takes effect at 12:01 a.m. on the day following the expiration of the2
ninety-day period after final adjournment of the general assembly; except3
that, if a referendum petition is filed pursuant to section 1 (3) of article V4
of the state constitution against this act or an item, section, or part of this5
act within such period, then the act, item, section, or part will not take6
effect unless approved by the people at the general election to be held in7
November 2024 and, in such case, will take effect on the date of the8
official declaration of the vote thereon by the governor.9
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-9-