HOUSE BILL 24-1435
BY REPRESENTATIVE(S) McCormick and Catlin, Amabile, Bird,
Boesenecker, Brown, Daugherty, Duran, Froelich, Hamrick, Jodeh, Joseph,
Kipp, Lieder, Lindstedt, Lukens, Lynch, Marshall, Marvin, Mauro,
McLachlan, Ortiz, Rutinel, Sirota, Snyder, Story, Taggart, Titone, Velasco,
Weissman, Young, McCluskie;
also SENATOR(S) Roberts and Simpson, Baisley, Bridges, Buckner,
Cutter, Fields, Gardner, Gonzales, Jaquez Lewis, Kirkmeyer, Liston,
Michaelson Jenet, Mullica, Pelton B., Pelton R., Priola, Van Winkle, Will,
Winter F., Fenberg.
C
ONCERNING THE FUNDING OF COLORADO WATER CONSERVATION BOARD
PROJECTS
, AND, IN CONNECTION THEREWITH , MAKING AN
APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Continuation of the satellite monitoring system -
operation and maintenance - appropriation. (1) For the 2024-25 state
fiscal year, $380,000 is appropriated to the department of natural resources
for use by the division of water resources. This appropriation is from the
Colorado water conservation board construction fund created in section
37-60-121, C.R.S. To implement this section, the division of water
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. resources may use this appropriation to install, maintain, and operate
satellite-monitored stream gauges and lysimeters for water rights
administration and data collection pursuant to section 37-80-102 (10),
C.R.S.
(2) The money appropriated in subsection (1) of this section remains
available for the designated purposes until it is fully expended.
SECTION 2. Continuation of the Colorado floodplain map
modernization program - appropriation. (1) For the 2024-25 state fiscal
year, $1,000,000 is appropriated to the department of natural resources for
use by the Colorado water conservation board. This appropriation is from
the Colorado water conservation board construction fund created in section
37-60-121, C.R.S. To implement this section, the Colorado water
conservation board may use this appropriation to continue to assist with the
preparation of revised and improved floodplain studies and maps for
communities throughout Colorado and participate in federally sponsored
floodplain map modernization activities.
(2) The money appropriated in subsection (1) of this section remains
available for the designated purposes until it is fully expended.
SECTION 3. Continuation of the weather modification
permitting program - appropriation. (1) For the 2024-25 state fiscal
year, $500,000 is appropriated to the department of natural resources for use
by the Colorado water conservation board. This appropriation is from the
Colorado water conservation board construction fund created in section
37-60-121, C.R.S. To implement this section, the Colorado water
conservation board may use this appropriation to assist water conservation
and conservancy districts with the development of cloud seeding programs
to provide benefits to recreation, streams, and reservoirs through snowpack
enhancement.
(2) The money appropriated in subsection (1) of this section remains
available for the designated purposes until it is fully expended.
SECTION 4. Restoration of litigation fund cash balance -
transfer. On July 1, 2024, the state treasurer shall transfer $2,000,000, or
so much thereof as may be necessary to restore the balance of the litigation
fund to $2,000,000, from the unreserved cash in the Colorado water
PAGE 2-HOUSE BILL 24-1435 conservation board construction fund created in section 37-60-121, C.R.S.,
to the litigation fund created in section 37-60-121 (2.5), C.R.S., to assist in
addressing legal issues associated with compact compliance or any other
litigation activities as specified under section 37-60-121, C.R.S.
SECTION 5. Continuation of the Colorado Mesonet project -
appropriation. (1) For the 2024-25 state fiscal year, $200,000 is
appropriated to the department of natural resources for use by the Colorado
water conservation board. This appropriation is from the Colorado water
conservation board construction fund created in section 37-60-121, C.R.S.
To implement this section, the Colorado water conservation board may use
this appropriation to support the Colorado Mesonet, including for the
following activities: Operation, maintenance, travel, communications, and
database and website management for temperature and precipitation
stations.
(2) The money appropriated in subsection (1) of this section remains
available for the designated purposes until it is fully expended.
SECTION 6. Continuation of the water forecasting partnership
project - appropriation. (1) For the 2024-25 state fiscal year, $2,000,000
is appropriated to the department of natural resources for use by the
Colorado water conservation board. This appropriation is from the Colorado
water conservation board construction fund created in section 37-60-121,
C.R.S. To implement this section, the Colorado water conservation board
may use this appropriation to support the development of new ground and
aerial remote sensing data, to develop hydrologic modeling practices, to
provide reliable volumetric water supply forecasting, and to provide better
characterization of snowpack.
(2) The money appropriated in subsection (1) of this section remains
available for the designated purposes until it is fully expended.
SECTION 7. Continuation of the modeling and data analyses
for the upper Colorado river commission - appropriation. (1) For the
2024-25 state fiscal year, $500,000 is appropriated to the department of
natural resources for use by the Colorado water conservation board. This
appropriation is from the Colorado water conservation board construction
fund created in section 37-60-121, C.R.S. To implement this section, the
Colorado water conservation board may use this appropriation to provide
PAGE 3-HOUSE BILL 24-1435 support to the upper Colorado river commission's interstate planning and
negotiation efforts, including the following modeling and data analyses:
Streamgaging and streamflow, runoff forecasting, consumptive use,
reservoir operations and evaporation, and drought contingency planning.
(2) The money appropriated in subsection (1) of this section remains
available for the designated purposes until it is fully expended.
SECTION 8. Statewide diversion telemetry project -
appropriation. (1) For the 2024-25 state fiscal year, $1,827,500 is
appropriated to the department of natural resources for use by the division
of water resources. This appropriation is from the Colorado water
conservation board construction fund created in section 37-60-121, C.R.S.
To implement this section, the division of water resources may use this
appropriation to fund the installation of telemetry equipment at sites across
Colorado.
(2) The money appropriated in subsection (1) of this section remains
available for the designated purposes until it is fully expended.
SECTION 9. Southern high plains groundwater study update
- appropriation. (1) For the 2024-25 state fiscal year, $250,000 is
appropriated to the department of natural resources for use by the Colorado
water conservation board. This appropriation is from the Colorado water
conservation board construction fund created in section 37-60-121, C.R.S.
To implement this section, the Colorado water conservation board may use
this appropriation to update a 2002 study in order to provide scenario
analyses and community facilitation to establish groundwater resource goals
for residents of the southern high plains of Colorado.
(2) The money appropriated in subsection (1) of this section remains
available for the designated purposes until it is fully expended or the study
update is complete.
SECTION 10. Continuation of the state turf replacement
program - transfer - appropriation. (1) On July 1, 2024, the state
treasurer shall transfer $2,000,000 from the Colorado water conservation
board construction fund created in section 37-60-121, C.R.S., to the turf
replacement fund created in section 37-60-135 (6)(a)(I), C.R.S., to finance
the state turf replacement program created in section 37-60-135, C.R.S.
PAGE 4-HOUSE BILL 24-1435 (2) (a) For the 2024-25 state fiscal year, $2,000,000 is appropriated
to the department of natural resources for use by the Colorado water
conservation board. This appropriation is from the turf replacement fund
created in section 37-60-135 (6)(a)(I), C.R.S. To implement this section, the
Colorado water conservation board may use this appropriation for the state
turf replacement program pursuant to section 37-60-135, C.R.S., including
to cover the direct and indirect costs of administering one or more turf
replacement programs.
(b) The money appropriated in subsection (2)(a) of this section
remains available for the designated purposes until June 30, 2028.
SECTION 11. Drought resilience investment - appropriation.
(1) For the 2024-25 state fiscal year, $4,000,000 is appropriated to the
department of natural resources for use by the Colorado water conservation
board. This appropriation is from the Colorado water conservation board
construction fund created in section 37-60-121, C.R.S. To implement this
section, the Colorado water conservation board may use this appropriation:
(a) To advance projects within and complementary to the 2023 state
water plan that support drought planning, practical implementation of
drought mitigation techniques, education, guidance, and training; and
(b) For projects that focus on the following areas: Drought resilience
workshops, state water plan outreach campaign, water loss prevention and
validator training, adaptive and critical drought projects, storage analysis
opportunities and alternatives, and development of a water conservation
handbook.
(2) The money appropriated in subsection (1) of this section remains
available for the designated purposes until it is fully expended.
SECTION 12. Increased water project loan authorization -
Windy Gap firming project. (1) Pursuant to section 37-60-122 (1)(b),
C.R.S., the Colorado water conservation board is authorized to make loans
in the amount of up to $155,650,000 from the Colorado water conservation
board construction fund created in section 37-60-121, C.R.S., to the Windy
Gap firming project water activity enterprise for the completion of the
Windy Gap firming project.
PAGE 5-HOUSE BILL 24-1435 (2) The money authorized in subsection (1) of this section remains
available for the designated purposes until it is fully expended.
(3) The Colorado water conservation board may make loans for the
project specified in subsection (1) of this section from money that is or may
become available to the Colorado water conservation board construction
fund. The total amount of the loans will be in the amount listed in
subsection (1) of this section plus or minus the amount, if any, as may be
justified by reason of ordinary fluctuations in construction costs as indicated
by the engineering cost indices applicable to the types of construction
required for the project or as may be justified by reason of changes in the
plans for the project due to differing or unforeseen site conditions, errors or
omissions in the plans and specifications, changes instituted by regulatory
agencies, or changes in material quantities beyond contract limits.
SECTION 13. Northern integrated supply project - loan
authorization. (1) Pursuant to section 39-29-109 (2)(a)(I.5), C.R.S., the
Colorado water conservation board is authorized to make loans in the
amount of up to $101,000,000 from the severance tax perpetual base fund
created in section 39-29-109 (2)(a), C.R.S., 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.
The project will provide new water supplies annually for eleven
communities and four water districts in the northern front range.
(2) The money authorized in subsection (1) of this section remains
available for the designated purposes until it is fully expended.
(3) The Colorado water conservation board may make loans for the
project specified in subsection (1) of this section from money that is or may
become available to the severance tax perpetual base fund. The total amount
of the loans will be in the amount listed in subsection (1) of this section plus
or minus the amount, if any, as may be justified by reason of ordinary
fluctuations in construction costs applicable to the types of construction
required for the project or as may be justified by reason of changes in the
plans for the project due to differing or unforeseen site conditions, errors or
omissions in the plans and specifications, changes instituted by regulatory
agencies, or changes in material quantities beyond contract limits.
SECTION 14. Colorado river water conservation district -
PAGE 6-HOUSE BILL 24-1435 purchase of Shoshone power plant water rights - transfer -
appropriation. (1) On July 1, 2024, the state treasurer shall transfer
$20,000,000 from the severance tax perpetual base fund created in section
39-29-109 (2)(a), C.R.S., to the Colorado water conservation board
construction fund created in section 37-60-121, C.R.S., to support 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.
(2) (a) For the 2024-25 state fiscal year, $20,000,000 is appropriated
to the department of natural resources for use by the Colorado water
conservation board. This appropriation is from the Colorado water
conservation board construction fund created in section 37-60-121, C.R.S.
To implement this subsection (2)(a), the Colorado water conservation board
may use this appropriation to partner with the Colorado river water
conservation district in the purchase of the water rights owned by the public
service company of Colorado and currently used for the operation of the
Shoshone power plant. The Colorado water conservation board shall vote
to release the money to the Colorado river water conservation district after
confirming that the closing conditions of the purchase and sale agreement
between the Colorado river water conservation district and the public
service company of Colorado have been met.
(b) The money appropriated in subsection (2)(a) of this section
remains available for the designated purposes until June 30, 2031.
SECTION 15. Grant-making for projects that assist in
implementing the state water plan - appropriation. (1) For the 2024-25
state fiscal year, $23,300,000 is appropriated to the department of natural
resources for use by the Colorado water conservation board. This
appropriation is from the water plan implementation cash fund created in
section 37-60-123.3 (1)(a), C.R.S. To implement this subsection (1), the
Colorado water conservation board may use this appropriation for
grant-making for projects that assist in the implementation of the state water
plan pursuant to section 37-60-106.3 (6), C.R.S., through the Colorado
water conservation board's application and guidelines process.
(2) The money appropriated in subsection (1) of this section remains
available for the designated purposes until it is fully expended.
PAGE 7-HOUSE BILL 24-1435 SECTION 16. In Colorado Revised Statutes, 24-75-228, add
(2.5)(a.5) as follows:
24-75-228. Economic recovery and relief cash fund - creation -
allowable uses - interim task force - report - legislative declaration -
definitions - repeal. (2.5) (a.5) N
OTWITHSTANDING SUBSECTIONS
(2.5)(a)(IV) AND (2.5)(a)(V) OF THIS SECTION, ON OR AFTER JULY 1, 2024,
ANY MONEY TRANSFERRED BY THE STATE TREASURER TO THE COLORADO
WATER CONSERVATION BOARD CONSTRUCTION FUND
, CREATED IN SECTION
37-60-121 (1)(a), PURSUANT TO SUBSECTIONS (2.5)(a)(IV) AND (2.5)(a)(V)
OF THIS SECTION MAY BE EXPENDED FOR ANY OF THE PURPOSES SPECIFIED IN
SECTION
37-60-121 (13) OR (14).
SECTION 17. In Colorado Revised Statutes, 37-60-121, add (15)
as follows:
37-60-121. Colorado water conservation board construction
fund - creation - nature of fund - funds for investigations -
contributions - use for augmenting the general fund - funds created -
rules - repeal. (15) N
OTWITHSTANDING SUBSECTIONS (13) AND (14) OF
THIS SECTION
, ON OR AFTER JULY 1, 2024, THE BOARD MAY USE THE MONEY
TRANSFERRED PURSUANT TO SECTION
24-75-228 (2.5)(a)(IV) AND
(2.5)(a)(V) FOR ANY OF THE PURPOSES SPECIFIED IN SUBSECTION (13) OR (14)
OF THIS SECTION.
SECTION 18. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 8-HOUSE BILL 24-1435 the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 9-HOUSE BILL 24-1435