Colorado 2023 Regular Session

Colorado Senate Bill SB267 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 23-0994.01 Richard Sweetman x4333
1	8		SENATE BILL 23-267
2		-	BY SENATOR(S) Van Winkle and Cutter, Kolker, Sullivan;
3		-	also REPRESENTATIVE(S) Titone and Bradley, Brown, Duran, Frizell,
4		-	Garcia, Hamrick, Hartsook, Jodeh, Lieder, Lindsay, Marshall, McCormick,
5		-	Snyder, Story, Taggart.
	9	+	Senate Committees House Committees
	10	+	Agriculture & Natural Resources Finance
	11	+	Finance Appropriations
	12	+	Appropriations
	13	+	A BILL FOR AN ACT
6	14		C
7		-	ONCERNING A WATER QUALITY FEE TO BE PAID FOR ADMISSION TO
8		-	CHATFIELD STATE PARK , AND, IN CONNECTION THEREWITH ,
9		-	REQUIRING THE DIVISION OF PARKS AND WILDLIFE TO COLLECT THE
10		-	FEE AND TRANSFER THE AMOUNT OF THE FEE TO THE
11		-	CHATFIELD
12		-	WATERSHED AUTHORITY
13		-	.
14		-	Be it enacted by the General Assembly of the State of Colorado:
15		-	SECTION 1. Legislative declaration. (1) The general assembly
16		-	finds that:
17		-	(a) Chatfield state park is situated in the lower foothills of the front
18		-	range on the southwestern edge of Denver, and Chatfield reservoir, located
19		-	in Chatfield state park, is a 1,400 surface acre water body at the confluence
20		-	of Plum creek and the South Platte river;
21		-	(b) Chatfield reservoir was constructed in 1970 for the purpose of
22		-	providing regional flood control for the Denver metropolitan area and is a
23		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
24		-	officers and the Governor. To determine whether the Governor has signed the bill
25		-	or taken other action on it, please consult the legislative status sheet, the legislative
26		-	history, or the Session Laws.
27		-	________
28		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29		-	through words or numbers indicate deletions from existing law and such material is not part of
30		-	the act. regional water supply source for multiple local and regional water
31		-	producers;
32		-	(c) Chatfield state park is one of the most popular recreation areas
33		-	in the Denver metropolitan region and in all of Colorado and offers
34		-	numerous recreational activities, including swimming, boating,
35		-	paddleboarding, fishing, wildlife viewing, biking, camping, and horseback
36		-	riding;
37		-	(d) The Chatfield watershed authority (authority) was established in
38		-	1984 when the governor designated the authority as a 208 management
39		-	agency, in accordance with section 208 of the "Federal Water Pollution
40		-	Control Act", also known as the federal "Clean Water Act", 33 U.S.C. sec.
41		-	1251 et seq.;
42		-	(e) The authority includes Jefferson county, Douglas county, the
43		-	town of Castle Rock, the city of Littleton, the town of Larkspur, and water
44		-	and wastewater providers in the Chatfield watershed;
45		-	(f) The authority's mission is to promote protection of water quality
46		-	in the Chatfield watershed for drinking water supplies, recreation, fisheries,
47		-	and other beneficial uses;
48		-	(g) The authority preserves these beneficial uses in Chatfield
49		-	reservoir and in the watershed through the promotion of point source,
50		-	nonpoint source, and storm water controls;
51		-	(h) Under regulation 73 of the water quality control commission, the
52		-	authority is required to limit the total maximum annual load of total
53		-	phosphorus entering the Chatfield reservoir;
54		-	(i) The authority continues to implement regulation 73 and
55		-	coordinate with state and federal agencies regarding water quality control
56		-	measures;
57		-	(j) The authority is also required to maintain compliance with
58		-	chlorophyll-a and phosphorous standards imposed by regulation 38 of the
59		-	water quality control commission;
60		-	(k) Since 1984, the authority and its members have monitored water
61		-	PAGE 2-SENATE BILL 23-267 quality in the Chatfield reservoir and upstream in the Chatfield watershed
62		-	and have undertaken measures to protect water quality in the watershed
63		-	through voluntary funding contributions and grants;
64		-	(l) The Chatfield watershed plan identifies opportunities within the
65		-	watershed to address the chemical, physical, and biological pollutants that
66		-	impact the watershed, including controlling runoff from wildfire burn areas,
67		-	reducing phosphorus quantities by stabilizing degraded streambanks,
68		-	mitigating runoff from agricultural lands, minimizing leachate from septic
69		-	systems, and providing public education for reducing contamination from
70		-	the actions of people;
71		-	(m) The effects of increased floods and wildfires threaten to
72		-	increase pollutant loadings to Chatfield reservoir; and
73		-	(n) The authority is unable to qualify for grant programs, which
74		-	typically require a certain level of matching funds.
75		-	(2) The general assembly declares that it is in the best interests of
76		-	the state to:
77		-	(a) Create a water quality fee to be imposed with the entrance fee
78		-	that visitors pay to visit Chatfield state park;
79		-	(b) Require the division of parks and wildlife to collect the water
80		-	quality fee and pay the amounts collected as water quality fees to the
81		-	authority; and
82		-	(c) Require the authority to expend the money to support water
83		-	quality projects that benefit Chatfield state park, including projects that
84		-	provide for the construction, operation, and maintenance of nonpoint source
85		-	projects, water quality monitoring, and urban runoff and erosion
86		-	management and control.
87		-	SECTION 2. In Colorado Revised Statutes, add 33-9-114 as
88		-	follows:
89		-	33-9-114. Chatfield state park - water quality fee - Chatfield
90		-	watershed authority - process for requesting a water quality fee -
91		-	definitions - rules. (1) A
92		-	S USED IN THIS SECTION, UNLESS THE CONTEXT
93		-	PAGE 3-SENATE BILL 23-267 OTHERWISE REQUIRES:
94		-	(a) "C
95		-	HATFIELD WATERSHED AUTHORITY " MEANS THE CHATFIELD
96		-	WATERSHED AUTHORITY ESTABLISHED BY AN INTERGOVERNMENTAL
97		-	AGREEMENT EXECUTED PURSUANT TO SECTIONS
98		-	29-1-203 AND 29-1-204.2
99		-	AND INCLUDING THE FOLLOWING MEMBERS :
100		-	(I) J
101		-	EFFERSON COUNTY;
102		-	(II) D
103		-	OUGLAS COUNTY;
104		-	(III) T
105		-	HE CITY OF LITTLETON;
106		-	(IV) T
107		-	HE TOWN OF CASTLE ROCK;
108		-	(V) T
109		-	HE TOWN OF LARKSPUR;
110		-	(VI) C
111		-	ASTLE PINES METROPOLITAN DISTRICT;
112		-	(VII) C
113		-	ENTENNIAL WATER AND SANITATION DISTRICT ;
114		-	(VIII) D
115		-	OMINION WATER AND SANITATION DISTRICT ;
116		-	(IX) L
117		-	OUVIERS WATER AND SANITATION DISTRICT ;
118		-	(X) P
119		-	ERRY PARK WATER AND SANITATION DISTRICT ;
120		-	(XI) R
121		-	OXBOROUGH WATER AND SANITATION DISTRICT ;
122		-	(XII) T
123		-	HE CITY AND COUNTY OF DENVER, ACTING BY AND THROUGH
124		-	ITS BOARD OF WATER COMMISSIONERS
125		-	; AND
126		-	(XIII) THE PLUM CREEK WATER RECLAMATION AUTHORITY .
127		-	(b) "F
128		-	UND" MEANS THE PARKS AND OUTDOOR RECREATION CASH
129		-	FUND CREATED IN SECTION
130		-	33-10-111 (1).
131		-	(c) "W
132		-	ATER QUALITY FEE" MEANS A WATER QUALITY FEE
133		-	ESTABLISHED BY RULES PROMULGATED BY THE COMMISSION PURSUANT TO
134		-	SUBSECTION
135		-	(2) OF THIS SECTION.
136		-	PAGE 4-SENATE BILL 23-267 (2) (a) ON OR BEFORE JULY 1, 2024, THE COMMISSION SHALL
137		-	PROMULGATE RULES ESTABLISHING
138		-	:
139		-	(I) A
140		-	PROCESS BY WHICH THE CHATFIELD WATERSHED AUTHORITY
141		-	MAY REQUEST THAT THE COMMISSION CREATE BY RULE A WATER QUALITY
142		-	FEE TO BE COLLECTED BY THE DIVISION FROM VISITORS TO
143		-	CHATFIELD STATE
144		-	PARK
145		-	;
146		-	(II) C
147		-	RITERIA FOR APPROVING A REQUEST FOR A WATER QUALITY
148		-	FEE
149		-	; AND
150		-	(III) CRITERIA FOR DETERMINING WHICH VISITORS TO CHATFIELD
151		-	STATE PARK SHOULD BE REQUIRED TO PAY A WATER QUALITY FEE
152		-	; EXCEPT
153		-	THAT IN PROMULGATING SUCH RULES
154		-	, THE COMMISSION SHALL ENSURE THAT
155		-	THE DIVISION SHALL NOT COLLECT A WATER QUALITY FEE FROM A VISITOR
156		-	WHO HOLDS AN ANNUAL OR LIFETIME PASS TO VISIT STATE PARKS
157		-	.
158		-	(b) I
159		-	N PROMULGATING RULES PURSUANT TO SUBSECTION (2)(a) OF
160		-	THIS SECTION
161		-	, THE COMMISSION SHALL ENSURE THAT THE AMOUNT OF A
162		-	WATER QUALITY FEE
163		-	:
164		-	(I) I
165		-	S ROUNDED TO THE NEAREST DOLLAR ; AND
166		-	(II) DOES NOT EXCEED TWO DOLLARS , EXCEPT AS DESCRIBED IN
167		-	SUBSECTION
168		-	(4)(c) OF THIS SECTION.
169		-	(c) O
170		-	N AND AFTER JULY 1, 2024, THE COMMISSION MAY CREATE A
171		-	WATER QUALITY FEE PURSUANT TO RULES PROMULGATED PURS UANT TO THIS
172		-	SUBSECTION
173		-	(2).
174		-	(3) T
175		-	HE COMMISSION SHALL NOT UNREASONABLY DENY A REQUEST
176		-	BY THE
177		-	CHATFIELD WATERSHED AUTHORITY TO CREATE A WATER QUALITY
178		-	FEE AS DESCRIBED IN SUBSECTION
179		-	(2) OF THIS SECTION.
180		-	(4) I
181		-	F THE COMMISSION ESTABLISHES A WATER QUALITY FEE
182		-	PURSUANT TO RULES PROMULGATED PURSUANT TO SUBSECTION
183		-	(2) OF THIS
184		-	SECTION
185		-	, THE COMMISSION:
186		-	(a) S
187		-	HALL REQUIRE THE CHATFIELD WATERSHED AUTHORITY TO
188		-	EXPEND UP TO TWENTY
189		-	-FIVE PERCENT, AS DETERMINED BY THE COMMISSION,
190		-	PAGE 5-SENATE BILL 23-267 OF THE MONEY RECEIVED FROM THE DIVISION PURSUANT TO SUBSECTION
191		-	(5)(a) OF THIS SECTION ON WATER QUALITY PROJECTS WITHIN THE
192		-	BOUNDARIES OF
193		-	CHATFIELD STATE PARK;
194		-	(b) M
195		-	AY INCLUDE ADDITIONAL REQUIREMENTS AND RESTRICTIONS
196		-	CONCERNING THE EXPENDITURE BY THE
197		-	CHATFIELD WATERSHED AUTHORITY
198		-	OF MONEY RECEIVED FROM THE DIVISION PURSUANT TO SUBSECTION
199		-	(5)(a)
200		-	OF THIS SECTION ON WATER QUALITY PROJECTS INSIDE THE BOUNDARIES OF
201		-	CHATFIELD STATE PARK; AND
202		-	(c) SHALL REVIEW THE WATER QUALITY FEE ON JANUARY 1, 2030,
203		-	AND ON EACH JANUARY 1 EVERY FIVE YEARS THEREAFTER . AFTER EACH
204		-	SUCH REVIEW
205		-	, THE COMMISSION MAY EITHER:
206		-	(I)
207		-	ELIMINATE THE WATER QUALITY FEE IF THE COMMISSION
208		-	DETERMINES THAT THE WATER QUALITY FEE IS NO LONGER NECESSARY
209		-	; OR
210		-	(II) ADJUST THE AMOUNT OF THE WATER QUALITY FEE TO ACCOUNT
211		-	FOR INFLATION OR DEFLATION
212		-	. IN CALCULATING INFLATION OR DEFLATION ,
213		-	THE COMMISSION SHALL USE THE UNITED STATES DEPARTMENT OF LABOR 'S
214		-	BUREAU OF LABOR STATISTICS CONSUMER PRICE INDEX FOR
215		-	DENVER-AURORA-LAKEWOOD FOR ALL ITEMS PAID BY ALL URBAN
216		-	CONSUMERS
217		-	, OR ITS APPLICABLE PREDECESSOR OR SUCCESSOR INDEX .
218		-	(5) I
219		-	F THE COMMISSION ESTABLISHES A WATER QUALITY FEE
220		-	PURSUANT TO RULES PROMULGATED PURSUANT TO SUBSECTION
221		-	(2) OF THIS
222		-	SECTION
223		-	:
224		-	(a) T
225		-	HE DIVISION SHALL COLLECT THE WATER QUALITY FEE ON AND
226		-	AFTER
227		-	JANUARY 1, 2025, IN THE MANNER PRESCRIBED BY RULES OF THE
228		-	COMMISSION
229		-	. EXCEPT AS DESCRIBED IN SUBSECTION (5)(c) OF THIS SECTION,
230		-	THE DIVISION SHALL TRANSFER THE TOTAL AMOUNT OF MONEY COLLECTED
231		-	AS WATER QUALITY FEES TO THE STATE TREASURER
232		-	, WHO SHALL CREDIT THE
233		-	MONEY TO THE FUND
234		-	. MONEY IN THE FUND THAT WAS COLLECTED AS WATER
235		-	QUALITY FEES IS CONTINUOUSLY APPROPRIATED TO THE DEPARTMENT FOR
236		-	ALLOCATION TO THE DIVISION FOR PURPOSES DESCRIBED IN THIS SECTION
237		-	.
238		-	(b) B
239		-	EGINNING JULY 1, 2025, AND EACH SIX MONTHS THEREAFTER ,
240		-	EXCEPT AS DESCRIBED IN SUBSECTION (5)(c) OF THIS SECTION, THE DIVISION
241		-	SHALL PAY TO THE
242		-	CHATFIELD WATERSHED AUTHORITY THE TOTAL AMOUNT
243		-	PAGE 6-SENATE BILL 23-267 OF MONEY COLLECTED AS WATER QUALITY FEES DURING THE PRECEDING SIX
244		-	MONTHS
245		-	. THE MONEY SHALL BE PAID FROM THE FUND .
246		-	(c) T
247		-	HE DIVISION SHALL ANNUALLY PERFORM AN ANALYSIS TO
248		-	DETERMINE THE NET INCREMENTAL COSTS INCURRED BY THE DIVISION IN
249		-	COLLECTING AND ADMINISTERING THE WATER QUALITY FEE
250		-	. THE DIVISION
251		-	MAY RETAIN A PORTION OF THE AMOUNT OF MONEY COLLECTED AS WATER
252		-	QUALITY FEES TO PAY SUCH COSTS
253		-	; EXCEPT THAT THE DIVISION SHALL NOT
254		-	RETAIN MORE THAN THREE AND ONE
255		-	-THIRD PERCENT OF SUCH MONEY .
256		-	(6) T
257		-	HE CHATFIELD WATERSHED AUTHORITY SHALL EXPEND THE
258		-	MONEY RECEIVED FROM THE DIVISION PURSUANT TO SUBSECTION
259		-	(5)(b) OF
260		-	THIS SECTION TO SUPPORT WATER QUALITY PROJECTS
261		-	, INCLUDING PROJECTS
262		-	THAT PROVIDE FOR THE CONSTRUCTION
263		-	, OPERATION, AND MAINTENANCE OF
264		-	NONPOINT SOURCE PROJECTS
265		-	, WATER QUALITY MONITORING , AND URBAN
266		-	RUNOFF AND EROSION MANAGEMENT AND CONTROL
267		-	.
268		-	SECTION 3. Act subject to petition - effective date. This act
269		-	takes effect at 12:01 a.m. on the day following the expiration of the
270		-	ninety-day period after final adjournment of the general assembly; except
271		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
272		-	of the state constitution against this act or an item, section, or part of this act
273		-	within such period, then the act, item, section, or part will not take effect
274		-	unless approved by the people at the general election to be held in
275		-	PAGE 7-SENATE BILL 23-267 November 2024 and, in such case, will take effect on the date of the official
276		-	declaration of the vote thereon by the governor.
277		-	____________________________ ____________________________
278		-	Steve Fenberg Julie McCluskie
279		-	PRESIDENT OF SPEAKER OF THE HOUSE
280		-	THE SENATE OF REPRESENTATIVES
281		-	____________________________ ____________________________
282		-	Cindi L. Markwell Robin Jones
283		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
284		-	THE SENATE OF REPRESENTATIVES
285		-	APPROVED________________________________________
286		-	(Date and Time)
287		-	_________________________________________
288		-	Jared S. Polis
289		-	GOVERNOR OF THE STATE OF COLORADO
290		-	PAGE 8-SENATE BILL 23-267
	15	+	ONCERNING A WATER QUALITY FEE TO BE PAID FOR ADMISSION TO101
	16	+	C
	17	+	HATFIELD STATE PARK , AND, IN CONNECTION THEREWITH ,102
	18	+	REQUIRING THE DIVISION OF PARKS AND WILDLIFE TO COLLECT103
	19	+	THE FEE AND TRANSFER THE AMO UNT OF THE FEE TO THE104
	20	+	C
	21	+	HATFIELD WATERSHED
	22	+	AUTHORITY. 105
	23	+	Bill Summary
	24	+	(Note: This summary applies to this bill as introduced and does
	25	+	not reflect any amendments that may be subsequently adopted. If this bill
	26	+	passes third reading in the house of introduction, a bill summary that
	27	+	applies to the reengrossed version of this bill will be available at
	28	+	http://leg.colorado.gov
	29	+	.)
	30	+	The bill requires the division of parks and wildlife (division) to
	31	+	require each visitor to Chatfield state park to pay, in addition to any other
	32	+	HOUSE
	33	+	Amended 3rd Reading
	34	+	May 7, 2023
	35	+	HOUSE
	36	+	Amended 2nd Reading
	37	+	May 6, 2023
	38	+	SENATE
	39	+	3rd Reading Unamended
	40	+	April 25, 2023
	41	+	SENATE
	42	+	Amended 2nd Reading
	43	+	April 24, 2023
	44	+	SENATE SPONSORSHIP
	45	+	Van Winkle and Cutter, Kolker, Sullivan
	46	+	HOUSE SPONSORSHIP
	47	+	Titone and Bradley, Brown, Duran, Frizell, Garcia, Hamrick, Hartsook, Jodeh, Lieder,
	48	+	Lindsay, Marshall, McCormick, Snyder, Story, Taggart
	49	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	50	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	51	+	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
	52	+	in the following amount:
	53	+	! For a person who pays the daily fee to enter the park, the
	54	+	amount of the water quality fee is $1, to be paid for each
	55	+	visit; and
	56	+	! For a person who uses an annual parks pass or a keep
	57	+	Colorado wild pass to enter the park, the amount of the
	58	+	water quality fee is $3, to be paid once annually.
	59	+	Beginning April 1, 2024, and every 3 months thereafter, the
	60	+	division shall pay the total amount of money collected during the
	61	+	preceding 3 months as water quality fees to the Chatfield watershed
	62	+	authority (authority); except that the division may retain up to 3% of the
	63	+	money to pay the division's administrative expenses. The authority is
	64	+	required to expend the money to provide for a regional, coordinated
	65	+	approach to phosphorous and other nonpoint source pollution control in
	66	+	the Chatfield watershed, including providing for the construction,
	67	+	operation, and maintenance of nonpoint source projects, water quality
	68	+	monitoring, and urban runoff and erosion management and control.
	69	+	The water quality fee and associated requirements are repealed,
	70	+	effective January 1, 2029.
	71	+	Be it enacted by the General Assembly of the State of Colorado:1
	72	+	SECTION 1. Legislative declaration. (1) The general assembly2
	73	+	finds that:3
	74	+	(a) Chatfield state park is situated in the lower foothills of the4
	75	+	front range on the southwestern edge of Denver, and Chatfield reservoir,5
	76	+	located in Chatfield state park, is a 1,400 surface acre water body at the6
	77	+	confluence of Plum creek and the South Platte river;7
	78	+	(b) Chatfield reservoir was constructed in 1970 for the purpose of8
	79	+	providing regional flood control for the Denver metropolitan area and is9
	80	+	a regional water supply source for multiple local and regional water10
	81	+	producers;11
	82	+	(c) Chatfield state park is one of the most popular recreation areas12
	83	+	in the Denver metropolitan region and in all of Colorado and offers13
	84	+	numerous recreational activities, including swimming, boating,14
	85	+	267-2- paddleboarding, fishing, wildlife viewing, biking, camping, and1
	86	+	horseback riding;2
	87	+	(d) The Chatfield watershed authority (authority) was established3
	88	+	in 1984 when the governor designated the authority as a 208 management4
	89	+	agency, in accordance with section 208 of the "Federal Water Pollution5
	90	+	Control Act", also known as the federal "Clean Water Act", 33 U.S.C.6
	91	+	sec. 1251 et seq.;7
	92	+	(e) The authority includes Jefferson county, Douglas county, the8
	93	+	town of Castle Rock, the city of Littleton, the town of Larkspur, and9
	94	+	water and wastewater providers in the Chatfield watershed;10
	95	+	(f) The authority's mission is to promote protection of water11
	96	+	quality in the Chatfield watershed for drinking water supplies, recreation,12
	97	+	fisheries, and other beneficial uses;13
	98	+	(g) The authority preserves these beneficial uses in Chatfield14
	99	+	reservoir and in the watershed through the promotion of point source,15
	100	+	nonpoint source, and storm water controls;16
	101	+	(h) Under regulation 73 of the water quality control commission,17
	102	+	the authority is required to limit the total maximum annual load of total18
	103	+	phosphorus entering the Chatfield reservoir;19
	104	+	(i) The authority continues to implement regulation 73 and20
	105	+	coordinate with state and federal agencies regarding water quality control21
	106	+	measures;22
	107	+	(j) The authority is also required to maintain compliance with23
	108	+	chlorophyll-a and phosphorous standards imposed by regulation 38 of the24
	109	+	water quality control commission;25
	110	+	(k) Since 1984, the authority and its members have monitored26
	111	+	water quality in the Chatfield reservoir and upstream in the Chatfield27
	112	+	267
	113	+	-3- watershed and have undertaken measures to protect water quality in the1
	114	+	watershed through voluntary funding contributions and grants;2
	115	+	(l) The Chatfield watershed plan identifies opportunities within3
	116	+	the watershed to address the chemical, physical, and biological pollutants4
	117	+	that impact the watershed, including controlling runoff from wildfire burn5
	118	+	areas, reducing phosphorus quantities by stabilizing degraded6
	119	+	streambanks, mitigating runoff from agricultural lands, minimizing7
	120	+	leachate from septic systems, and providing public education for reducing8
	121	+	contamination from the actions of people;9
	122	+	(m) The effects of increased floods and wildfires threaten to10
	123	+	increase pollutant loadings to Chatfield reservoir; and11
	124	+	(n) The authority is unable to qualify for grant programs, which12
	125	+	typically require a certain level of matching funds.13
	126	+	(2) The general assembly declares that it is in the best interests of14
	127	+	the state to:15
	128	+	(a) Create a water quality fee to be imposed with the entrance fee16
	129	+	that visitors pay to visit Chatfield state park;17
	130	+	(b) Require the division of parks and wildlife to collect the water18
	131	+	quality fee and pay the amounts collected as water quality fees to the19
	132	+	authority; and20
	133	+	(c) Require the authority to expend the money to support water21
	134	+	quality projects that benefit Chatfield state park, including projects that22
	135	+	provide for the construction, operation, and maintenance of nonpoint23
	136	+	source projects, water quality monitoring, and urban runoff and erosion24
	137	+	management and control.25
	138	+	26
	139	+	SECTION 2. In Colorado Revised Statutes, add 33-9-114 as27
	140	+	267
	141	+	-4- follows:1
	142	+	33-9-114. Chatfield state park - water quality fee - Chatfield2
	143	+	watershed authority - process for requesting a water quality fee -3
	144	+	definitions - rules. (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT4
	145	+	OTHERWISE REQUIRES:5
	146	+	(a) "CHATFIELD WATERSHED AUTHORITY" MEANS THE CHATFIELD6
	147	+	WATERSHED AUTHORITY ESTABLISHED BY AN INTERGOVERNMENTAL7
	148	+	AGREEMENT EXECUTED PURSUANT TO SECTIONS 29-1-203 AND 29-1-204.28
	149	+	AND INCLUDING THE FOLLOWING MEMBERS :9
	150	+	(I) JEFFERSON COUNTY;10
	151	+	(II) DOUGLAS COUNTY;11
	152	+	(III) THE CITY OF LITTLETON;12
	153	+	(IV) THE TOWN OF CASTLE ROCK;13
	154	+	(V) THE TOWN OF LARKSPUR;14
	155	+	(VI) CASTLE PINES METROPOLITAN DISTRICT;15
	156	+	(VII) CENTENNIAL WATER AND SANITATION DISTRICT ;16
	157	+	(VIII) DOMINION WATER AND SANITATION DISTRICT ;17
	158	+	(IX) LOUVIERS WATER AND SANITATION DISTRICT ;18
	159	+	(X) PERRY PARK WATER AND SANITATION DISTRICT ;19
	160	+	(XI) ROXBOROUGH WATER AND SANITATION DISTRICT ;20
	161	+	(XII) THE CITY AND COUNTY OF DENVER, ACTING BY AND21
	162	+	THROUGH ITS BOARD OF WATER COMMISSIONERS ; AND22
	163	+	(XIII) THE PLUM CREEK WATER RECLAMATION AUTHORITY .23
	164	+	(b) "FUND" MEANS THE PARKS AND OUTDOOR RECREATION CASH24
	165	+	FUND CREATED IN SECTION 33-10-111 (1).25
	166	+	(c) "WATER QUALITY FEE" MEANS A WATER QUALITY FEE26
	167	+	ESTABLISHED BY RULES PROMULGATED BY THE COMMISSION PURSUANT TO27
	168	+	267
	169	+	-5- SUBSECTION (2) OF THIS SECTION.1
	170	+	(2) (a) ON OR BEFORE JULY 1, 2024, THE COMMISSION SHALL2
	171	+	PROMULGATE RULES ESTABLISHING :3
	172	+	(I) A PROCESS BY WHICH THE CHATFIELD WATERSHED AUTHORITY4
	173	+	MAY REQUEST THAT THE COMMISSION CREATE BY RULE A WATER QUALITY5
	174	+	FEE TO BE COLLECTED BY THE DIVISION FROM VISITORS TO CHATFIELD6
	175	+	STATE PARK;7
	176	+	(II) CRITERIA FOR APPROVING A REQUEST FOR A WATER QUALITY8
	177	+	FEE; AND9
	178	+	(III) CRITERIA FOR DETERMINING WHICH VISITORS TO CHATFIELD10
	179	+	STATE PARK SHOULD BE REQUIRED TO PAY A WATER QUALITY FEE; EXCEPT11
	180	+	THAT IN PROMULGATING SUCH RULES, THE COMMISSION SHALL ENSURE12
	181	+	THAT THE DIVISION SHALL NOT COLLECT A WATER QUALITY FEE FROM A13
	182	+	VISITOR WHO HOLDS AN ANNUAL OR LIFETIME PASS TO VISIT STATE PARKS.14
	183	+	(b) IN PROMULGATING RULES PURSUANT TO SUBSECTION (2)(a) OF15
	184	+	THIS SECTION, THE COMMISSION SHALL ENSURE THAT THE AMOUNT OF A16
	185	+	WATER QUALITY FEE:17
	186	+	(I) IS ROUNDED TO THE NEAREST DOLLAR ; AND18
	187	+	(II) DOES NOT EXCEED TWO DOLLARS, EXCEPT AS DESCRIBED IN19
	188	+	SUBSECTION (4)(c) OF THIS SECTION.20
	189	+	(c) ON AND AFTER JULY 1, 2024, THE COMMISSION MAY CREATE A21
	190	+	WATER QUALITY FEE PURSUANT TO RULES PROMULGATED PURSUANT TO22
	191	+	THIS SUBSECTION (2).23
	192	+	(3) THE COMMISSION SHALL NOT UNREASONABLY DENY A REQUEST24
	193	+	BY THE CHATFIELD WATERSHED AUTHORITY TO CREATE A WATER QUALITY25
	194	+	FEE AS DESCRIBED IN SUBSECTION (2) OF THIS SECTION.26
	195	+	(4) IF THE COMMISSION ESTABLISHES A WATER QUALITY FEE27
	196	+	267
	197	+	-6- PURSUANT TO RULES PROMULGATED PURSUANT TO SUBSECTION (2) OF1
	198	+	THIS SECTION, THE COMMISSION:2
	199	+	(a) SHALL REQUIRE THE CHATFIELD WATERSHED AUTHORITY TO3
	200	+	EXPEND UP TO TWENTY -FIVE PERCENT, AS DETERMINED BY THE4
	201	+	COMMISSION, OF THE MONEY RECEIVED FROM THE DIVISION PURSUANT TO5
	202	+	SUBSECTION (5)(a) OF THIS SECTION ON WATER QUALITY PROJECTS WITHIN6
	203	+	THE BOUNDARIES OF CHATFIELD STATE PARK;7
	204	+	(b) MAY INCLUDE ADDITIONAL REQUIREMENTS AND RESTRICTIONS8
	205	+	CONCERNING THE EXPENDITURE BY THE CHATFIELD WATERSHED9
	206	+	AUTHORITY OF MONEY RECEIVED FROM THE DIVISION PURSUANT TO10
	207	+	SUBSECTION (5)(a) OF THIS SECTION ON WATER QUALITY PROJECTS INSIDE11
	208	+	THE BOUNDARIES OF CHATFIELD STATE PARK; AND12
	209	+	(c) SHALL REVIEW THE WATER QUALITY FEE ON JANUARY 1, 2030,13
	210	+	AND ON EACH JANUARY 1 EVERY FIVE YEARS THEREAFTER. AFTER EACH14
	211	+	SUCH REVIEW, THE COMMISSION MAY EITHER:15
	212	+	(I) ELIMINATE THE WATER QUALITY FEE IF THE COMMISSION16
	213	+	DETERMINES THAT THE WATER QUALITY FEE IS NO LONGER NECESSARY ; OR17
	214	+	(II) ADJUST THE AMOUNT OF THE WATER QUALITY FEE TO18
	215	+	ACCOUNT FOR INFLATION OR DEFLATION. IN CALCULATING INFLATION OR19
	216	+	DEFLATION, THE COMMISSION SHALL USE THE UNITED STATES20
	217	+	DEPARTMENT OF LABOR'S BUREAU OF LABOR STATISTICS CONSUMER PRICE21
	218	+	INDEX FOR DENVER-AURORA-LAKEWOOD FOR ALL ITEMS PAID BY ALL22
	219	+	URBAN CONSUMERS, OR ITS APPLICABLE PREDECESSOR OR SUCCESSOR23
	220	+	INDEX.24
	221	+	(5) IF THE COMMISSION ESTABLISHES A WATER QUALITY FEE25
	222	+	PURSUANT TO RULES PROMULGATED PURSUANT TO SUBSECTION (2) OF26
	223	+	THIS SECTION:27
	224	+	267
	225	+	-7- (a) THE DIVISION SHALL COLLECT THE WATER QUALITY FEE ON AND1
	226	+	AFTER JANUARY 1, 2025, IN THE MANNER PRESCRIBED BY RULES OF THE2
	227	+	COMMISSION. EXCEPT AS DESCRIBED IN SUBSECTION (5)(c) OF THIS3
	228	+	SECTION, THE DIVISION SHALL TRANSFER THE TOTAL AMOUNT OF MONEY4
	229	+	COLLECTED AS WATER QUALITY FEES TO THE STATE TREASURER, WHO5
	230	+	SHALL CREDIT THE MONEY TO THE FUND. MONEY IN THE FUND THAT WAS6
	231	+	COLLECTED AS WATER QUALITY FEES IS CONTINUOUSLY APPROPRIATED TO7
	232	+	THE DEPARTMENT FOR ALLOCATION TO THE DIVISION FOR PURPOSES8
	233	+	DESCRIBED IN THIS SECTION.9
	234	+	(b) BEGINNING JULY 1, 2025, AND EACH SIX MONTHS THEREAFTER,10
	235	+	EXCEPT AS DESCRIBED IN SUBSECTION (5)(c) OF THIS SECTION, THE11
	236	+	DIVISION SHALL PAY TO THE CHATFIELD WATERSHED AUTHORITY THE12
	237	+	TOTAL AMOUNT OF MONEY COLLECTED AS WATER QUALITY FEES DURING13
	238	+	THE PRECEDING SIX MONTHS. THE MONEY SHALL BE PAID FROM THE FUND.14
	239	+	(c) THE DIVISION SHALL ANNUALLY PERFORM AN ANALYSIS TO15
	240	+	DETERMINE THE NET INCREMENTAL COSTS INCURRED BY THE DIVISION IN16
	241	+	COLLECTING AND ADMINISTERING THE WATER QUALITY FEE . THE DIVISION17
	242	+	MAY RETAIN A PORTION OF THE AMOUNT OF MONEY COLLECTED AS WATER18
	243	+	QUALITY FEES TO PAY SUCH COSTS; EXCEPT THAT THE DIVISION SHALL NOT19
	244	+	RETAIN MORE THAN THREE AND ONE -THIRD PERCENT OF SUCH MONEY .20
	245	+	(6) THE CHATFIELD WATERSHED AUTHORITY SHALL EXPEND THE21
	246	+	MONEY RECEIVED FROM THE DIVISION PURSUANT TO SUBSECTION (5)(b) OF22
	247	+	THIS SECTION TO SUPPORT WATER QUALITY PROJECTS , INCLUDING23
	248	+	PROJECTS THAT PROVIDE FOR THE CONSTRUCTION , OPERATION, AND24
	249	+	MAINTENANCE OF NONPOINT SOURCE PROJECTS, WATER QUALITY25
	250	+	MONITORING, AND URBAN RUNOFF AND EROSION MANAGEMENT AND26
	251	+	CONTROL.27
	252	+	267
	253	+	-8- 1
	254	+	SECTION 3. Act subject to petition - effective date. This act2
	255	+	takes effect at 12:01 a.m. on the day following the expiration of the3
	256	+	ninety-day period after final adjournment of the general assembly; except4
	257	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V5
	258	+	of the state constitution against this act or an item, section, or part of this6
	259	+	act within such period, then the act, item, section, or part will not take7
	260	+	effect unless approved by the people at the general election to be held in8
	261	+	November 2024 and, in such case, will take effect on the date of the9
	262	+	official declaration of the vote thereon by the governor.10
	263	+	267
	264	+	-9-