Second 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. 24-1125.01 Clare Haffner x6137
HOUSE BILL 24-1435
House Committees Senate Committees
Agriculture, Water & Natural Resources Agriculture & Natural Resources
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING THE FUNDING OF COLORADO WATER CONSERVATION101
BOARD PROJECTS, AND, IN CONNECTION THEREWITH , MAKING102
AN APPROPRIATION.103
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 appropriates the following amounts for the 2024-25 state
fiscal year from the Colorado water conservation board (CWCB)
construction fund to the CWCB or the division of water resources in the
department of natural resources for the following projects:
! Continuation of the satellite monitoring system, $380,000
SENATE
2nd Reading Unamended
April 30, 2024
HOUSE
3rd Reading Unamended
April 19, 2024
HOUSE
2nd Reading Unamended
April 18, 2024
HOUSE SPONSORSHIP
McCormick and Catlin, Amabile, Bird, Boesenecker, Brown, Daugherty, Duran, Froelich,
Hamrick, Jodeh, Joseph, Kipp, Lieder, Lindstedt, Lukens, Lynch, Marshall, Marvin, Mauro,
McCluskie, McLachlan, Ortiz, Rutinel, Sirota, Snyder, Story, Taggart, Titone, Velasco,
Weissman, Young
SENATE SPONSORSHIP
Roberts and Simpson,
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. (section 1 of the bill);
! Continuation of the floodplain map modernization
program, $1,000,000 (section 2);
! Continuation of the weather modification permitting
program, $500,000 (section 3);
! Continuation of the Colorado Mesonet project, $200,000
(section 5);
! Continuation of the water forecasting partnership project,
$2,000,000 (section 6);
! Support of modeling and data analyses for the upper
Colorado river commission's development of operational
guidelines for Lake Powell and Lake Mead, $500,000
(section 7);
! Support for the division of water resources' statewide
diversion telemetry project, $1,827,500 (section 8);
! Support of a study update and scenario analyses for
groundwater resource goals for the southern high plains
designated groundwater basin, $250,000 (section 9); and
! Support for projects that support drought planning and
mitigation, $4,000,000 (section 11).
Section 4 directs the state treasurer to transfer up to $2,000,000
from the CWCB construction fund to the CWCB litigation fund on July
1, 2024.
The CWCB is authorized to make loans from the severance tax
perpetual base fund or the CWCB construction fund:
! In an amount up to $155,650,000 to the Windy Gap firming
project (section 12); and
! In an amount up to $101,000,000 to the northern integrated
supply project water activity enterprise owned by the
northern Colorado water conservancy district to develop a
new regional water supply project (section 13).
Section 10 directs the state treasurer to transfer $2,000,000 on July
1, 2024, from the CWCB construction fund to the turf replacement fund
to finance the state turf replacement program.
Section 14 directs the state treasurer to transfer $20,000,000 on
July 1, 2024, from the severance tax perpetual base fund to the CWCB
construction fund for the purchase and sale agreement between the
Colorado river water conservation district and the public service company
of Colorado for the purchase of the water rights associated with the
Shoshone power plant.
Section 15 appropriates $23,300,000 from the water plan
implementation cash fund to the CWCB to fund grants that will help
implement the state water plan.
Sections 16 and 17 amend current law, under which the state
treasurer is directed to make 2 transfers of $2.5 million each from the
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-2- economic recovery and relief cash fund to the CWCB construction fund.
The CWCB is required to use the $2.5 million from one of the transfers
for the direct and indirect costs of providing assistance to political
subdivisions and other entities applying for federal "Infrastructure
Investment and Jobs Act" money and other federally available money
related to water funding opportunities (water funding purposes). The
CWCB is required to use the $2.5 million from the other transfer for
issuing grants to political subdivisions of the state or other entities for the
hiring of temporary employees, contractors, or both that will assist those
political subdivisions and other entities in applying for federal
"Infrastructure Investment and Jobs Act" money and other federally
available money related to natural resource management (natural resource
management purposes).
Sections 16 and 17 allow the CWCB, on or after July 1, 2024, to
expend money from either of the 2 transfers for either the water funding
purposes or the natural resource management purposes.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Continuation of the satellite monitoring system2
- operation and maintenance - appropriation. (1) For the 2024-253
state fiscal year, $380,000 is appropriated to the department of natural4
resources for use by the division of water resources. This appropriation5
is from the Colorado water conservation board construction fund created6
in section 37-60-121, C.R.S. To implement this section, the division of7
water resources may use this appropriation to install, maintain, and8
operate satellite-monitored stream gauges and lysimeters for water rights9
administration and data collection pursuant to section 37-80-102 (10),10
C.R.S.11
(2) The money appropriated in subsection (1) of this section12
remains available for the designated purposes until it is fully expended.13
SECTION 2. Continuation of the Colorado floodplain map14
modernization program - appropriation. (1) For the 2024-25 state15
fiscal year, $1,000,000 is appropriated to the department of natural16
1435-3- resources for use by the Colorado water conservation board. This1
appropriation is from the Colorado water conservation board construction2
fund created in section 37-60-121, C.R.S. To implement this section, the3
Colorado water conservation board may use this appropriation to continue4
to assist with the preparation of revised and improved floodplain studies5
and maps for communities throughout Colorado and participate in6
federally sponsored floodplain map modernization activities.7
(2) The money appropriated in subsection (1) of this section8
remains available for the designated purposes until it is fully expended.9
SECTION 3. Continuation of the weather modification10
permitting program - appropriation. (1) For the 2024-25 state fiscal11
year, $500,000 is appropriated to the department of natural resources for12
use by the Colorado water conservation board. This appropriation is from13
the Colorado water conservation board construction fund created in14
section 37-60-121, C.R.S. To implement this section, the Colorado water15
conservation board may use this appropriation to assist water16
conservation and conservancy districts with the development of cloud17
seeding programs to provide benefits to recreation, streams, and18
reservoirs through snowpack enhancement.19
(2) The money appropriated in subsection (1) of this section20
remains available for the designated purposes until it is fully expended.21
SECTION 4. Restoration of litigation fund cash balance -22
transfer. On July 1, 2024, the state treasurer shall transfer $2,000,000, or23
so much thereof as may be necessary to restore the balance of the24
litigation fund to $2,000,000, from the unreserved cash in the Colorado25
water conservation board construction fund created in section 37-60-121,26
C.R.S., to the litigation fund created in section 37-60-121 (2.5), C.R.S.,27
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-4- to assist in addressing legal issues associated with compact compliance1
or any other litigation activities as specified under section 37-60-121,2
C.R.S.3
SECTION 5. Continuation of the Colorado Mesonet project4
- appropriation. (1) For the 2024-25 state fiscal year, $200,000 is5
appropriated to the department of natural resources for use by the6
Colorado water conservation board. This appropriation is from the7
Colorado water conservation board construction fund created in section8
37-60-121, C.R.S. To implement this section, the Colorado water9
conservation board may use this appropriation to support the Colorado10
Mesonet, including for the following activities: Operation, maintenance,11
travel, communications, and database and website management for12
temperature and precipitation stations.13
(2) The money appropriated in subsection (1) of this section14
remains available for the designated purposes until it is fully expended.15
SECTION 6. Continuation of the water forecasting16
partnership project - appropriation. (1) For the 2024-25 state fiscal17
year, $2,000,000 is appropriated to the department of natural resources18
for use by the Colorado water conservation board. This appropriation is19
from the Colorado water conservation board construction fund created in20
section 37-60-121, C.R.S. To implement this section, the Colorado water21
conservation board may use this appropriation to support the development22
of new ground and aerial remote sensing data, to develop hydrologic23
modeling practices, to provide reliable volumetric water supply24
forecasting, and to provide better characterization of snowpack.25
(2) The money appropriated in subsection (1) of this section26
remains available for the designated purposes until it is fully expended.27
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-5- SECTION 7. Continuation of the modeling and data analyses1
for the upper Colorado river commission - appropriation. (1) For the2
2024-25 state fiscal year, $500,000 is appropriated to the department of3
natural resources for use by the Colorado water conservation board. This4
appropriation is from the Colorado water conservation board construction5
fund created in section 37-60-121, C.R.S. To implement this section, the6
Colorado water conservation board may use this appropriation to provide7
support to the upper Colorado river commission's interstate planning and8
negotiation efforts, including the following modeling and data analyses:9
Streamgaging and streamflow, runoff forecasting, consumptive use,10
reservoir operations and evaporation, and drought contingency planning.11
(2) The money appropriated in subsection (1) of this section12
remains available for the designated purposes until it is fully expended.13
SECTION 8. Statewide diversion telemetry project -14
appropriation. (1) For the 2024-25 state fiscal year, $1,827,500 is15
appropriated to the department of natural resources for use by the division16
of water resources. This appropriation is from the Colorado water17
conservation board construction fund created in section 37-60-121,18
C.R.S. To implement this section, the division of water resources may use19
this appropriation to fund the installation of telemetry equipment at sites20
across Colorado.21
(2) The money appropriated in subsection (1) of this section22
remains available for the designated purposes until it is fully expended.23
SECTION 9. Southern high plains groundwater study update24
- appropriation. (1) For the 2024-25 state fiscal year, $250,000 is25
appropriated to the department of natural resources for use by the26
Colorado water conservation board. This appropriation is from the27
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-6- Colorado water conservation board construction fund created in section1
37-60-121, C.R.S. To implement this section, the Colorado water2
conservation board may use this appropriation to update a 2002 study in3
order to provide scenario analyses and community facilitation to establish4
groundwater resource goals for residents of the southern high plains of5
Colorado.6
(2) The money appropriated in subsection (1) of this section7
remains available for the designated purposes until it is fully expended or8
the study update is complete.9
SECTION 10. Continuation of the state turf replacement10
program - transfer - appropriation. (1) On July 1, 2024, the state11
treasurer shall transfer $2,000,000 from the Colorado water conservation12
board construction fund created in section 37-60-121, C.R.S., to the turf13
replacement fund created in section 37-60-135 (6)(a)(I), C.R.S., to14
finance the state turf replacement program created in section 37-60-135,15
C.R.S.16
(2) (a) For the 2024-25 state fiscal year, $2,000,000 is17
appropriated to the department of natural resources for use by the18
Colorado water conservation board. This appropriation is from the turf19
replacement fund created in section 37-60-135 (6)(a)(I), C.R.S. To20
implement this section, the Colorado water conservation board may use21
this appropriation for the state turf replacement program pursuant to22
section 37-60-135, C.R.S., including to cover the direct and indirect costs23
of administering one or more turf replacement programs.24
(b) The money appropriated in subsection (2)(a) of this section25
remains available for the designated purposes until June 30, 2028.26
SECTION 11. Drought resilience investment - appropriation.27
1435
-7- (1) For the 2024-25 state fiscal year, $4,000,000 is appropriated to the1
department of natural resources for use by the Colorado water2
conservation board. This appropriation is from the Colorado water3
conservation board construction fund created in section 37-60-121,4
C.R.S. To implement this section, the Colorado water conservation board5
may use this appropriation:6
(a) To advance projects within and complementary to the 20237
state water plan that support drought planning, practical implementation8
of drought mitigation techniques, education, guidance, and training; and9
(b) For projects that focus on the following areas: Drought10
resilience workshops, state water plan outreach campaign, water loss11
prevention and validator training, adaptive and critical drought projects,12
storage analysis opportunities and alternatives, and development of a13
water conservation handbook.14
(2) The money appropriated in subsection (1) of this section15
remains available for the designated purposes until it is fully expended.16
SECTION 12. Increased water project loan authorization -17
Windy Gap firming project. (1) Pursuant to section 37-60-122 (1)(b),18
C.R.S., the Colorado water conservation board is authorized to make19
loans in the amount of up to $155,650,000 from the Colorado water20
conservation board construction fund created in section 37-60-121,21
C.R.S., to the Windy Gap firming project water activity enterprise for the22
completion of the Windy Gap firming project.23
(2) The money authorized in subsection (1) of this section remains24
available for the designated purposes until it is fully expended.25
(3) The Colorado water conservation board may make loans for26
the project specified in subsection (1) of this section from money that is27
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-8- or may become available to the Colorado water conservation board1
construction fund. The total amount of the loans will be in the amount2
listed in subsection (1) of this section plus or minus the amount, if any,3
as may be justified by reason of ordinary fluctuations in construction4
costs as indicated by the engineering cost indices applicable to the types5
of construction required for the project or as may be justified by reason6
of changes in the plans for the project due to differing or unforeseen site7
conditions, errors or omissions in the plans and specifications, changes8
instituted by regulatory agencies, or changes in material quantities beyond9
contract limits.10
SECTION 13. Northern integrated supply project - loan11
authorization. (1) Pursuant to section 39-29-109 (2)(a)(I.5), C.R.S., the12
Colorado water conservation board is authorized to make loans in the13
amount of up to $101,000,000 from the severance tax perpetual base fund14
created in section 39-29-109 (2)(a), C.R.S., to the northern integrated15
supply project water activity enterprise owned by the northern Colorado16
water conservancy district to develop a new regional water supply project.17
The project will provide new water supplies annually for eleven18
communities and four water districts in the northern front range.19
(2) The money authorized in subsection (1) of this section remains20
available for the designated purposes until it is fully expended.21
(3) The Colorado water conservation board may make loans for22
the project specified in subsection (1) of this section from money that is23
or may become available to the severance tax perpetual base fund. The24
total amount of the loans will be in the amount listed in subsection (1) of25
this section plus or minus the amount, if any, as may be justified by26
reason of ordinary fluctuations in construction costs applicable to the27
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-9- types of construction required for the project or as may be justified by1
reason of changes in the plans for the project due to differing or2
unforeseen site conditions, errors or omissions in the plans and3
specifications, changes instituted by regulatory agencies, or changes in4
material quantities beyond contract limits.5
SECTION 14. Colorado river water conservation district -6
purchase of Shoshone power plant water rights - transfer -7
appropriation. (1) On July 1, 2024, the state treasurer shall transfer8
$20,000,000 from the severance tax perpetual base fund created in section9
39-29-109 (2)(a), C.R.S., to the Colorado water conservation board10
construction fund created in section 37-60-121, C.R.S., to support the11
purchase and sale agreement between the Colorado river water12
conservation district and the public service company of Colorado for the13
purchase of the water rights associated with the Shoshone power plant.14
(2) (a) For the 2024-25 state fiscal year, $20,000,000 is15
appropriated to the department of natural resources for use by the16
Colorado water conservation board. This appropriation is from the17
Colorado water conservation board construction fund created in section18
37-60-121, C.R.S. To implement this subsection (2)(a), the Colorado19
water conservation board may use this appropriation to partner with the20
Colorado river water conservation district in the purchase of the water21
rights owned by the public service company of Colorado and currently22
used for the operation of the Shoshone power plant. The Colorado water23
conservation board shall vote to release the money to the Colorado river24
water conservation district after confirming that the closing conditions of25
the purchase and sale agreement between the Colorado river water26
conservation district and the public service company of Colorado have27
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-10- been met.1
(b) The money appropriated in subsection (2)(a) of this section2
remains available for the designated purposes until June 30, 2031.3
SECTION 15. Grant-making for projects that assist in4
implementing the state water plan - appropriation. (1) For the5
2024-25 state fiscal year, $23,300,000 is appropriated to the department6
of natural resources for use by the Colorado water conservation board.7
This appropriation is from the water plan implementation cash fund8
created in section 37-60-123.3 (1)(a), C.R.S. To implement this9
subsection (1), the Colorado water conservation board may use this10
appropriation for grant-making for projects that assist in the11
implementation of the state water plan pursuant to section 37-60-106.312
(6), C.R.S., through the Colorado water conservation board's application13
and guidelines process.14
(2) The money appropriated in subsection (1) of this section15
remains available for the designated purposes until it is fully expended.16
SECTION 16. In Colorado Revised Statutes, 24-75-228, add17
(2.5)(a.5) as follows:18
24-75-228. Economic recovery and relief cash fund - creation19
- allowable uses - interim task force - report - legislative declaration20
- definitions - repeal. (2.5) (a.5) N
OTWITHSTANDING SUBSECTIONS21
(2.5)(a)(IV)
AND (2.5)(a)(V) OF THIS SECTION, ON OR AFTER JULY 1, 2024,22
ANY MONEY TRANSFERRED BY THE STATE TREASURER TO THE COLORADO23
WATER CONSERVATION BOARD CONSTRUCTION FUND , CREATED IN SECTION24
37-60-121 (1)(a),
PURSUANT TO SUBSECTIONS (2.5)(a)(IV) AND25
(2.5)(a)(V)
OF THIS SECTION MAY BE EXPENDED FOR ANY OF THE PURPOSES26
SPECIFIED IN SECTION 37-60-121 (13) OR (14).27
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-11- SECTION 17. In Colorado Revised Statutes, 37-60-121, add (15)1
as follows:2
37-60-121. Colorado water conservation board construction3
fund - creation - nature of fund - funds for investigations -4
contributions - use for augmenting the general fund - funds created5
- rules - repeal. (15) N
OTWITHSTANDING SUBSECTIONS (13) AND (14) OF6
THIS SECTION, ON OR AFTER JULY 1, 2024, THE BOARD MAY USE THE7
MONEY TRANSFERRED PURSUANT TO SECTION 24-75-228 (2.5)(a)(IV) AND8
(2.5)(a)(V)
FOR ANY OF THE PURPOSES SPECIFIED IN SUBSECTION (13) OR9
(14)
OF THIS SECTION.10
SECTION 18. Safety clause. The general assembly finds,11
determines, and declares that this act is necessary for the immediate12
preservation of the public peace, health, or safety or for appropriations for13
the support and maintenance of the departments of the state and state14
institutions.15
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