SENATE BILL 23-267
BY SENATOR(S) Van Winkle and Cutter, Kolker, Sullivan;
also REPRESENTATIVE(S) Titone and Bradley, Brown, Duran, Frizell,
Garcia, Hamrick, Hartsook, Jodeh, Lieder, Lindsay, Marshall, McCormick,
Snyder, Story, Taggart.
C
ONCERNING A WATER QUALITY FEE TO BE PAID FOR ADMISSION TO
CHATFIELD STATE PARK , AND, IN CONNECTION THEREWITH ,
REQUIRING THE DIVISION OF PARKS AND WILDLIFE TO COLLECT THE
FEE AND TRANSFER THE AMOUNT OF THE FEE TO THE
CHATFIELD
WATERSHED AUTHORITY
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds that:
(a) Chatfield state park is situated in the lower foothills of the front
range on the southwestern edge of Denver, and Chatfield reservoir, located
in Chatfield state park, is a 1,400 surface acre water body at the confluence
of Plum creek and the South Platte river;
(b) Chatfield reservoir was constructed in 1970 for the purpose of
providing regional flood control for the Denver metropolitan area and is a
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. regional water supply source for multiple local and regional water
producers;
(c) Chatfield state park is one of the most popular recreation areas
in the Denver metropolitan region and in all of Colorado and offers
numerous recreational activities, including swimming, boating,
paddleboarding, fishing, wildlife viewing, biking, camping, and horseback
riding;
(d) The Chatfield watershed authority (authority) was established in
1984 when the governor designated the authority as a 208 management
agency, in accordance with section 208 of the "Federal Water Pollution
Control Act", also known as the federal "Clean Water Act", 33 U.S.C. sec.
1251 et seq.;
(e) The authority includes Jefferson county, Douglas county, the
town of Castle Rock, the city of Littleton, the town of Larkspur, and water
and wastewater providers in the Chatfield watershed;
(f) The authority's mission is to promote protection of water quality
in the Chatfield watershed for drinking water supplies, recreation, fisheries,
and other beneficial uses;
(g) The authority preserves these beneficial uses in Chatfield
reservoir and in the watershed through the promotion of point source,
nonpoint source, and storm water controls;
(h) Under regulation 73 of the water quality control commission, the
authority is required to limit the total maximum annual load of total
phosphorus entering the Chatfield reservoir;
(i) The authority continues to implement regulation 73 and
coordinate with state and federal agencies regarding water quality control
measures;
(j) The authority is also required to maintain compliance with
chlorophyll-a and phosphorous standards imposed by regulation 38 of the
water quality control commission;
(k) Since 1984, the authority and its members have monitored water
PAGE 2-SENATE BILL 23-267 quality in the Chatfield reservoir and upstream in the Chatfield watershed
and have undertaken measures to protect water quality in the watershed
through voluntary funding contributions and grants;
(l) The Chatfield watershed plan identifies opportunities within the
watershed to address the chemical, physical, and biological pollutants that
impact the watershed, including controlling runoff from wildfire burn areas,
reducing phosphorus quantities by stabilizing degraded streambanks,
mitigating runoff from agricultural lands, minimizing leachate from septic
systems, and providing public education for reducing contamination from
the actions of people;
(m) The effects of increased floods and wildfires threaten to
increase pollutant loadings to Chatfield reservoir; and
(n) The authority is unable to qualify for grant programs, which
typically require a certain level of matching funds.
(2) The general assembly declares that it is in the best interests of
the state to:
(a) Create a water quality fee to be imposed with the entrance fee
that visitors pay to visit Chatfield state park;
(b) Require the division of parks and wildlife to collect the water
quality fee and pay the amounts collected as water quality fees to the
authority; and
(c) Require the authority to expend the money to support water
quality projects that benefit Chatfield state park, including projects that
provide for the construction, operation, and maintenance of nonpoint source
projects, water quality monitoring, and urban runoff and erosion
management and control.
SECTION 2. In Colorado Revised Statutes, add 33-9-114 as
follows:
33-9-114. Chatfield state park - water quality fee - Chatfield
watershed authority - process for requesting a water quality fee -
definitions - rules. (1) A
S USED IN THIS SECTION, UNLESS THE CONTEXT
PAGE 3-SENATE BILL 23-267 OTHERWISE REQUIRES:
(a) "C
HATFIELD WATERSHED AUTHORITY " MEANS THE CHATFIELD
WATERSHED AUTHORITY ESTABLISHED BY AN INTERGOVERNMENTAL
AGREEMENT EXECUTED PURSUANT TO SECTIONS
29-1-203 AND 29-1-204.2
AND INCLUDING THE FOLLOWING MEMBERS :
(I) J
EFFERSON COUNTY;
(II) D
OUGLAS COUNTY;
(III) T
HE CITY OF LITTLETON;
(IV) T
HE TOWN OF CASTLE ROCK;
(V) T
HE TOWN OF LARKSPUR;
(VI) C
ASTLE PINES METROPOLITAN DISTRICT;
(VII) C
ENTENNIAL WATER AND SANITATION DISTRICT ;
(VIII) D
OMINION WATER AND SANITATION DISTRICT ;
(IX) L
OUVIERS WATER AND SANITATION DISTRICT ;
(X) P
ERRY PARK WATER AND SANITATION DISTRICT ;
(XI) R
OXBOROUGH WATER AND SANITATION DISTRICT ;
(XII) T
HE CITY AND COUNTY OF DENVER, ACTING BY AND THROUGH
ITS BOARD OF WATER COMMISSIONERS
; AND
(XIII) THE PLUM CREEK WATER RECLAMATION AUTHORITY .
(b) "F
UND" MEANS THE PARKS AND OUTDOOR RECREATION CASH
FUND CREATED IN SECTION
33-10-111 (1).
(c) "W
ATER QUALITY FEE" MEANS A WATER QUALITY FEE
ESTABLISHED BY RULES PROMULGATED BY THE COMMISSION PURSUANT TO
SUBSECTION
(2) OF THIS SECTION.
PAGE 4-SENATE BILL 23-267 (2) (a) ON OR BEFORE JULY 1, 2024, THE COMMISSION SHALL
PROMULGATE RULES ESTABLISHING
:
(I) A
PROCESS BY WHICH THE CHATFIELD WATERSHED AUTHORITY
MAY REQUEST THAT THE COMMISSION CREATE BY RULE A WATER QUALITY
FEE TO BE COLLECTED BY THE DIVISION FROM VISITORS TO
CHATFIELD STATE
PARK
;
(II) C
RITERIA FOR APPROVING A REQUEST FOR A WATER QUALITY
FEE
; AND
(III) CRITERIA FOR DETERMINING WHICH VISITORS TO CHATFIELD
STATE PARK SHOULD BE REQUIRED TO PAY A WATER QUALITY FEE
; EXCEPT
THAT IN PROMULGATING SUCH RULES
, THE COMMISSION SHALL ENSURE THAT
THE DIVISION SHALL NOT COLLECT A WATER QUALITY FEE FROM A VISITOR
WHO HOLDS AN ANNUAL OR LIFETIME PASS TO VISIT STATE PARKS
.
(b) I
N PROMULGATING RULES PURSUANT TO SUBSECTION (2)(a) OF
THIS SECTION
, THE COMMISSION SHALL ENSURE THAT THE AMOUNT OF A
WATER QUALITY FEE
:
(I) I
S ROUNDED TO THE NEAREST DOLLAR ; AND
(II) DOES NOT EXCEED TWO DOLLARS , EXCEPT AS DESCRIBED IN
SUBSECTION
(4)(c) OF THIS SECTION.
(c) O
N AND AFTER JULY 1, 2024, THE COMMISSION MAY CREATE A
WATER QUALITY FEE PURSUANT TO RULES PROMULGATED PURS UANT TO THIS
SUBSECTION
(2).
(3) T
HE COMMISSION SHALL NOT UNREASONABLY DENY A REQUEST
BY THE
CHATFIELD WATERSHED AUTHORITY TO CREATE A WATER QUALITY
FEE AS DESCRIBED IN SUBSECTION
(2) OF THIS SECTION.
(4) I
F THE COMMISSION ESTABLISHES A WATER QUALITY FEE
PURSUANT TO RULES PROMULGATED PURSUANT TO SUBSECTION
(2) OF THIS
SECTION
, THE COMMISSION:
(a) S
HALL REQUIRE THE CHATFIELD WATERSHED AUTHORITY TO
EXPEND UP TO TWENTY
-FIVE PERCENT, AS DETERMINED BY THE COMMISSION,
PAGE 5-SENATE BILL 23-267 OF THE MONEY RECEIVED FROM THE DIVISION PURSUANT TO SUBSECTION
(5)(a) OF THIS SECTION ON WATER QUALITY PROJECTS WITHIN THE
BOUNDARIES OF
CHATFIELD STATE PARK;
(b) M
AY INCLUDE ADDITIONAL REQUIREMENTS AND RESTRICTIONS
CONCERNING THE EXPENDITURE BY THE
CHATFIELD WATERSHED AUTHORITY
OF MONEY RECEIVED FROM THE DIVISION PURSUANT TO SUBSECTION
(5)(a)
OF THIS SECTION ON WATER QUALITY PROJECTS INSIDE THE BOUNDARIES OF
CHATFIELD STATE PARK; AND
(c) SHALL REVIEW THE WATER QUALITY FEE ON JANUARY 1, 2030,
AND ON EACH JANUARY 1 EVERY FIVE YEARS THEREAFTER . AFTER EACH
SUCH REVIEW
, THE COMMISSION MAY EITHER:
(I)
ELIMINATE THE WATER QUALITY FEE IF THE COMMISSION
DETERMINES THAT THE WATER QUALITY FEE IS NO LONGER NECESSARY
; OR
(II) ADJUST THE AMOUNT OF THE WATER QUALITY FEE TO ACCOUNT
FOR INFLATION OR DEFLATION
. IN CALCULATING INFLATION OR DEFLATION ,
THE COMMISSION SHALL USE THE UNITED STATES DEPARTMENT OF LABOR 'S
BUREAU OF LABOR STATISTICS CONSUMER PRICE INDEX FOR
DENVER-AURORA-LAKEWOOD FOR ALL ITEMS PAID BY ALL URBAN
CONSUMERS
, OR ITS APPLICABLE PREDECESSOR OR SUCCESSOR INDEX .
(5) I
F THE COMMISSION ESTABLISHES A WATER QUALITY FEE
PURSUANT TO RULES PROMULGATED PURSUANT TO SUBSECTION
(2) OF THIS
SECTION
:
(a) T
HE DIVISION SHALL COLLECT THE WATER QUALITY FEE ON AND
AFTER
JANUARY 1, 2025, IN THE MANNER PRESCRIBED BY RULES OF THE
COMMISSION
. EXCEPT AS DESCRIBED IN SUBSECTION (5)(c) OF THIS SECTION,
THE DIVISION SHALL TRANSFER THE TOTAL AMOUNT OF MONEY COLLECTED
AS WATER QUALITY FEES TO THE STATE TREASURER
, WHO SHALL CREDIT THE
MONEY TO THE FUND
. MONEY IN THE FUND THAT WAS COLLECTED AS WATER
QUALITY FEES IS CONTINUOUSLY APPROPRIATED TO THE DEPARTMENT FOR
ALLOCATION TO THE DIVISION FOR PURPOSES DESCRIBED IN THIS SECTION
.
(b) B
EGINNING JULY 1, 2025, AND EACH SIX MONTHS THEREAFTER ,
EXCEPT AS DESCRIBED IN SUBSECTION (5)(c) OF THIS SECTION, THE DIVISION
SHALL PAY TO THE
CHATFIELD WATERSHED AUTHORITY THE TOTAL AMOUNT
PAGE 6-SENATE BILL 23-267 OF MONEY COLLECTED AS WATER QUALITY FEES DURING THE PRECEDING SIX
MONTHS
. THE MONEY SHALL BE PAID FROM THE FUND .
(c) T
HE DIVISION SHALL ANNUALLY PERFORM AN ANALYSIS TO
DETERMINE THE NET INCREMENTAL COSTS INCURRED BY THE DIVISION IN
COLLECTING AND ADMINISTERING THE WATER QUALITY FEE
. THE DIVISION
MAY RETAIN A PORTION OF THE AMOUNT OF MONEY COLLECTED AS WATER
QUALITY FEES TO PAY SUCH COSTS
; EXCEPT THAT THE DIVISION SHALL NOT
RETAIN MORE THAN THREE AND ONE
-THIRD PERCENT OF SUCH MONEY .
(6) T
HE CHATFIELD WATERSHED AUTHORITY SHALL EXPEND THE
MONEY RECEIVED FROM THE DIVISION PURSUANT TO SUBSECTION
(5)(b) OF
THIS SECTION TO SUPPORT WATER QUALITY PROJECTS
, INCLUDING PROJECTS
THAT PROVIDE FOR THE CONSTRUCTION
, OPERATION, AND MAINTENANCE OF
NONPOINT SOURCE PROJECTS
, WATER QUALITY MONITORING , AND URBAN
RUNOFF AND EROSION MANAGEMENT AND CONTROL
.
SECTION 3. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 7-SENATE BILL 23-267 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 8-SENATE BILL 23-267