Page 1 April 5, 2024 HB 24-1435 Legislative Council Staff Nonpartisan Services for Colorado’s Legislature Fiscal Note Drafting Number: Prime Sponsors: LLS 24-1125 Rep. McCormick; Catlin Sen. Roberts; Simpson Date: Bill Status: Fiscal Analyst: April 5, 2024 House Ag., Water & Natural Res. Alexa Kelly | 303-866-3469 alexa.kelly@coleg.gov Bill Topic: COLORADO WATER CONSERVATION BOARD PROJECTS Summary of Fiscal Impact: ☒ State Revenue ☒ State Expenditure ☒ State Transfer ☐ TABOR Refund ☒ Local Government ☐ Statutory Public Entity The bill funds water projects in the Department of Natural Resources, directs transfers between cash funds for appropriation to water-related projects, and provides loan authorizations. It increases state expenditures on an ongoing basis. Appropriation Summary: For FY 2024-25, the bill includes appropriations totaling $55,597,500 to the Department of Natural Resources. Fiscal Note Status: The fiscal note reflects the introduced bill. Table 1 State Fiscal Impacts Under HB 24-1435 Budget Year FY 2024-25 Out Year FY 2025-26 Revenue - - Expenditures Cash Funds $314,607,500 - Total Expenditures $314,607,500 - Transfers Cash Funds ($24,000,000) - Cash Funds $24,000,000 Net Transfer $0 Other Budget Impacts - - Page 2 April 5, 2024 HB 24-1435 Summary of Legislation The bill appropriates a total of $55,957,500 for FY 2024-25 to the Department of Natural Resources to be used by the Colorado Water Conservation Board (CWCB) and the Division of Water Resources for a variety of water-related projects. It authorizes two loan programs totaling $256,650,000. It also transfers $2 million to restore the balance of the litigation fund. The projects and amounts authorized in the bill are discussed in Table 2. Table 2 Appropriations, Transfers, and Loan Authorizations in HB 24-1435 Cost Components Amount Appropriation to the CWCB Construction Fund for a satellite monitoring system for water rights administration. $380,000 Appropriation to the CWCB Construction Fund for Colorado floodplain map modernization. $1,000,000 Appropriation to the CWCB Construction Fund for weather modification permitting. $500,000 Transfer from unreserved cash in the CWCB Construction fund to the Litigation Fund to restore the fund balance to address legal issues associated with compact compliance. $2,000,000 Appropriation from the CWCB Construction Fund for the Colorado Mesonet project. $200,000 Appropriation from the CWCB Construction Fund for improved water supply forecasting. $2,000,000 Appropriation from the CWCB Construction Fund for modeling and data analysis by the Upper Colorado River Commission. $500,000 Appropriation from the CWCB Construction Fund for the installation of telemetry equipment across Colorado $1,827,500 Appropriation from the CWCB Construction Fund to establish groundwater resource goals in the Southern High Plains of Colorado $250,000 Transfer from the CWCB Construction Fund with appropriation from the Turf Replacement Fund for the statewide Turf Replacement Program, available through June 30, 2028. $2,000,000 Appropriation from the CWCB Construction Fund for state water plan projects. $4,000,000 Transfer from the Severance Tax Perpetual Base Fund with appropriation from the CWCB Construction Fund to purchase Shoshone Power Plant water rights, available through June 30, 2031. $20,000,000 Page 3 April 5, 2024 HB 24-1435 Table 2 Appropriations, Transfers, and Loan Authorizations in HB 24-1435 (Cont.) Cost Components Amount Appropriation from the Water Plan Implementation Cash Fund for grants to assist in implementing the state water plan. $23,300,000 Loan authorization for the purpose of completing the Loan Windy Gap Firming Project. $155,650,000 Loan authorization for the purpose of new regional water supply project at the Northern Integrated Supply Project. $101,000,000 Total Expenditures $314,607,500 The bill also amends current law to allow CWCB more flexibility to spend $5.0 million previously transferred from the Economic Recovery and Relief Cash Fund to provide assistance and grant opportunities to entities applying for federal “Infrastructure Investment and Jobs Act” funding, and other federal water-related funding opportunities. State Transfers For FY 2024-25, the bill transfers a total of $24 million, including: $2,000,000 from unreserved cash in the CWCB Construction Fund to the CWCB Litigation Fund; $2,000,000 from the CWCB Construction Fund to the Turf Replacement Fund; and $20,000,000 from the Severance Tax Perpetual Fund to the CWCB Construction Fund. State Expenditures For FY 2024-25, total expenditures in the DNR increase by approximately $315 million, which is expected to be spent over several fiscal years. These funds are available for the purposes designated in the bill and are available until expended, unless otherwise noted in Table 2. Loan authorization. The bill includes authorization for the CWCB to loan approximately $256.7 million from the CWCB Construction Fund and the Severance Tax Perpetual Base to the Windy Gap Firming Project and the Northern Integrated Supply Project, respectively. These funds are available until fully expended. State expenditures for loans is recovered in loan payments based on terms negotiated by the DNR; loan repayment revenue will vary depending on the interest rates issued and the length of the loan term. This fiscal note assumes that interest is calculated to pay the administrative costs to originate and manage the loan, and that any state revenue from interest payments will be minimal. Page 4 April 5, 2024 HB 24-1435 Local Government Funding provided by the bill may increase revenue to local water districts and water providers. Effective Date The bill takes effect upon signature of the Governor, or upon becoming law without his signature. State Appropriations For FY 2024-25, the bill includes appropriations totaling $55,957,500 to the Department of Natural Resources, which includes: $32,657,500 from the CWCB Construction Fund; $2,000,000 from the Turf Replacement Fund; and $23,300,000 from the Water Plan Implementation Cash Fund. State and Local Government Contacts Natural Resources Treasury The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each fiscal year. For additional information about fiscal notes, please visit the General Assembly website.