Colorado 2024 Regular Session

Colorado Senate Bill SB038 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Second Regular Session
2	2	Seventy-fourth General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 24-0358.01 Richard Sweetman x4333
8	8	SENATE BILL 24-038
9	9	Senate Committees House Committees
10	10	Agriculture & Natural Resources
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING CONSERVANCY DISTRICTS , AND, IN CONNECTION101
14	14	THEREWITH, AUTHORIZING A CONSERVANCY DISTRICT TO102
15	15	PARTICIPATE IN A PLAN FOR AUGMENTATION ; CONTRACT WITH103
16	16	WATER USERS OUTSIDE THE CO NSERVANCY DISTRICT FOR THE104
17	17	PROVISION OF SERVICES ; EXERCISE CERTAIN POWERS105
18	18	REGARDING THE CONTROL , DELIVERY, USE, AND DISTRIBUTION106
19	19	OF WATER; ESTABLISH A WATER ACTIVITY ENTERPRISE ; AND107
20	20	SELL, LEASE, OR OTHERWISE DISPOSE OF THE USE OF WATER OR108
21	21	CAPACITY IN WORKS BY CONTRACT .109
22	22	Bill Summary
23	23	(Note: This summary applies to this bill as introduced and does
24	24	not reflect any amendments that may be subsequently adopted. If this bill
25	25	passes third reading in the house of introduction, a bill summary that
26	26	SENATE SPONSORSHIP
27	27	Bridges and Simpson, Hinrichsen, Pelton B., Pelton R., Roberts
28	28	HOUSE SPONSORSHIP
29	29	Martinez and McCormick, Catlin, McLachlan
30	30	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
31	31	Capital letters or bold & italic numbers indicate new material to be added to existing law.
32	32	Dashes through the words or numbers indicate deletions from existing law. applies to the reengrossed version of this bill will be available at
33	33	http://leg.colorado.gov/.)
34	34	Water Resources and Agriculture Review Committee. Under
35	35	current law, when certain conditions exist, a district court may establish
36	36	conservancy districts for the conservation, development, utilization, and
37	37	disposal of water for agricultural, municipal, and industrial uses. Section
38	38	1 of the bill allows conservancy districts to conserve, develop, utilize, or
39	39	dispose of water for commercial uses as well.
40	40	Section 2 authorizes the board of directors of a conservancy
41	41	district to:
42	42	! Submit and participate in a plan for augmentation for the
43	43	benefit of water rights and wells within and outside of the
44	44	boundaries of the conservancy district;
45	45	! Contract with water users within and outside of the
46	46	conservancy district for the provision of services;
47	47	! Exercise certain powers concerning the management,
48	48	control, delivery, use, and distribution of water in
49	49	conjunction with a plan for augmentation;
50	50	! In conjunction with sections 4 and 5, establish a water
51	51	activity enterprise, which is a government-run business, for
52	52	the purpose of pursuing or continuing water activities; and
53	53	! Sell, lease, or otherwise dispose of the use of water or
54	54	capacity in works by term contracts or by contracts for the
55	55	perpetual use of the water or works to certain entities.
56	56	Section 3 authorizes a conservancy district to:
57	57	! Enter into long-term contracts with public and private
58	58	entities for the accomplishment of functions of the
59	59	conservancy district; and
60	60	! Avail itself of aid, assistance, and cooperation from the
61	61	federal government, the state government, and local
62	62	governments.
63	63	Sections 4 and 5 allow a conservancy district to establish a water
64	64	activity enterprise, which is a business that receives less than 10% of its
65	65	annual revenues in grants from all Colorado state and local governments
66	66	combined, is authorized to issue its own revenue bonds, and is excluded
67	67	from the provisions of the "Taxpayer's Bill of Rights" in the state
68	68	constitution.
69	69	Be it enacted by the General Assembly of the State of Colorado:1
70	70	SECTION 1. In Colorado Revised Statutes, 37-2-101, amend (1)2
71	71	introductory portion and (1)(f) as follows:3
72	72	SB24-038-2- 37-2-101. Jurisdiction of district court to establish1
73	73	conservancy district - purposes of districts. (1) The district court2
74	74	sitting in and for any county in this state has jurisdiction, When the3
75	75	conditions stated in section 37-2-102 are found to exist, to A DISTRICT4
76	76	COURT MAY establish A conservancy districts DISTRICT, which may be5
77	77	entirely within or partly within and partly without the judicial district in6
78	78	which said THE court is located, for any of the following purposes:7
79	79	(f) The conservation, development, utilization, and disposal of8
80	80	water CONSERVING, DEVELOPING, UTILIZING, OR DISPOSING OF WATER for9
81	81	agricultural, municipal, and COMMERCIAL, OR industrial uses; thereof,10
82	82	when desirable as a part of a project or undertaking the principal purpose11
83	83	of which is one or more of the purposes set out in this section; OR12
84	84	SECTION 2. In Colorado Revised Statutes, 37-3-103, amend (1)13
85	85	introductory portion and (1)(k); and add (1)(m), (1)(n), (1)(o), (1)(p), and14
86	86	(1)(q) as follows:15
87	87	37-3-103. General powers - definition. (1) To protect life and16
88	88	property within the
89	89	CONSERVANCY district and to protect or relieve land17
90	90	THAT IS subject to overflowing or washing or that is menaced or18
91	91	threatened by the normal flow, flood, surplus, or overflow of waters of19
92	92	any natural watercourse, stream, canyon, or wash, whether perennial,20
93	93	intermittent, or flood; and
94	94	to effect the protection of PROTECT the land and21
95	95	other property in the
96	96	CONSERVANCY district; and to accomplish all other22
97	97	purposes of the
98	98	CONSERVANCY district, the board of directors is23
99	99	authorized:24
100	100	(k) To participate in the development of parks and recreational25
101	101	facilities within the boundaries of the
102	102	CONSERVANCY district, including26
103	103	the development of trails, greenways, and riverfronts, and to consider27
104	104	SB24-038
105	105	-3- such participation a current expense of the CONSERVANCY district; and1
106	106	(m) T
107	107	O SUBMIT AND PARTICIPATE IN A PLAN FOR AUGMENTATION ,2
108	108	AS DEFINED IN SECTION 37-92-103 (9), FOR THE BENEFIT OF WATER3
109	109	RIGHTS, AS DEFINED IN SECTION 37-92-103 (12), AND WELLS, AS DEFINED4
110	110	IN SECTION 37-92-103 (14), INCLUDING AGRICULTURAL , MUNICIPAL,5
111	111	COMMERCIAL, AND INDUSTRIAL WELLS WITHIN AND OUTSIDE THE6
112	112	BOUNDARIES OF THE CONSERVANCY DISTRICT ;7
113	113	(n) (I) T
114	114	O CONTRACT WITH WATER USERS WITHIN AND OUTSIDE OF8
115	115	THE CONSERVANCY DISTRICT FOR THE PROVISION OF SERVICES TO SUCH9
116	116	WATER USERS.10
117	117	(II) A
118	118	S USED IN THIS SUBSECTION (1)(n), "SERVICES" MEANS:11
119	119	(A) T
120	120	RANSFERRING, CONSERVING, RECHARGING, AUGMENTING,12
121	121	EXCHANGING, CHANGING, USING, OR REUSING WATER SUPPLIES;13
122	122	(B) T
123	123	HE RETIREMENT OF WELLS; AND14
124	124	(C) S
125	125	UCH OTHER SERVICES AS THE BOARD MAY CONTRACT TO15
126	126	PROVIDE.16
127	127	(o) T
128	128	O EXERCISE, IN CONJUNCTION WITH A PLAN FOR17
129	129	AUGMENTATION , THE FOLLOWING POWERS CONCERNING THE18
130	130	MANAGEMENT, CONTROL, DELIVERY, USE, AND DISTRIBUTION OF WATER19
131	131	BY THE CONSERVANCY DISTRICT :20
132	132	(I) T
133	133	O MAKE AND ENFORCE ALL REASONABLE RULES FOR THE21
134	134	MANAGEMENT, CONTROL, DELIVERY, USE, AND DISTRIBUTION OF WATER;22
135	135	(II) T
136	136	O WITHHOLD, PURSUANT TO ANY CONTRACTS, THE DELIVERY23
137	137	OF WATER IF THERE ARE ANY DEFAULTS OR DELINQUENCIES OF PAYMENT ;24
138	138	(III) T
139	139	O DECLARE FORFEITURES OF RIGHTS TO THE USE OF WATER25
140	140	UPON DEFAULT OR UPON FAILURE TO COMPLY WITH ANY COURT ORDER ,26
141	141	CONTRACT, OR AGREEMENT FOR THE PURCHASE , LEASE, OR USE OF WATER27
142	142	SB24-038
143	143	-4- AND TO RESELL, LEASE, OR OTHERWISE DISPOSE OF WATER UPON WHICH1
144	144	FORFEITURE HAS BEEN DECLARED ;2
145	145	(IV) T
146	146	O ALLOCATE AND REALLOCATE THE USE OF WATER TO L ANDS3
147	147	WITHIN AND OUTSIDE OF THE CONSERVANCY DISTRICT ;4
148	148	(V) T
149	149	O GRANT THE RIGHT, UPON TERMS, TO TRANSFER WATER5
150	150	FROM LANDS TO WHICH WATER HAS BEEN ALLOCATED TO OTHER LANDS6
151	151	WITHIN OR OUTSIDE OF THE CONSERVANCY DISTRICT ;7
152	152	(VI) T
153	153	O RETIRE WELLS;8
154	154	(VII) T
155	155	O ACQUIRE, CONSTRUCT, OPERATE, CONTROL, AND USE ANY9
156	156	WORKS, FACILITIES, AND MEANS NECESSARY OR REASONABLE TO THE10
157	157	EXERCISE OF ITS POWER , BOTH WITHIN AND OUTSIDE OF THE11
158	158	CONSERVANCY DISTRICT, FOR THE PURPOSE OF PROVIDING FOR THE USE OF12
159	159	WATER WITHIN THE DISTRICT; AND13
160	160	(VIII) T
161	161	O PERFORM ANY AND ALL TASKS NECESSARY OR14
162	162	REASONABLE FOR THE FULL EXERCISE OF THE POWERS GRANTED IN THIS15
163	163	SUBSECTION (1)(o);16
164	164	(p) T
165	165	O ESTABLISH A WATER ACTIVITY ENTERPRISE FOR THE17
166	166	PURPOSE OF PURSUING OR CONTINUING WATER ACTIVITIES , AS DESCRIBED18
167	167	IN ARTICLE 45.1 OF THIS TITLE 37; AND19
168	168	(q) T
169	169	O SELL, LEASE, OR OTHERWISE DISPOSE OF THE USE OF WATER20
170	170	OR CAPACITY IN WORKS BY TERM CONTRACTS OR BY CONTRACTS FOR THE21
171	171	PERPETUAL USE OF THE WATER OR WORKS TO PUBLIC CORPORATIONS ;22
172	172	DISTRICTS, AS DEFINED IN SECTION 37-45.1-102 (1); CONSERVANCY23
173	173	DISTRICTS; UTILITIES; MUTUAL DITCH COMPANIES ; WATER USERS'24
174	174	ASSOCIATIONS; PRIVATE CORPORATIONS ; AND OTHER PERSONS FOR25
175	175	IRRIGATION, DOMESTIC, MUNICIPAL, INDUSTRIAL, COMMERCIAL, OR OTHER26
176	176	AUTHORIZED USES, IN WRITING, AUTHORIZED AND ENTERED INTO BY THE27
177	177	SB24-038
178	178	-5- BOARD. THE BOARD SHALL REQUIRE THAT SECURITY BE GIVEN TO SECURE1
179	179	THE PAYMENTS TO BE MADE UNDER THE CONTRACTS , WHICH SECURITY2
180	180	MAY INCLUDE THE SECURITY DESCRIBED IN SECTION 37-45-132 OR SUCH3
181	181	OTHER SECURITY AS THE BOARD DETERMINES TO BE APPROPRIATE . THE4
182	182	CONTRACTS MAY INCLUDE THE CONTRACTUAL PROVISIONS SPECIFIED IN5
183	183	SECTION 31-35-402 (1)(h) AS DETERMINED BY THE BOARD .6
184	184	SECTION 3. In Colorado Revised Statutes, add 37-3-103.5 as7
185	185	follows:8
186	186	37-3-103.5. Cooperative powers - aid, assistance, and9
187	187	cooperation from governments. (1) A
188	188	CONSERVANCY DISTRICT MAY ,10
189	189	WITHOUT CONDUCTING AN ELECTION , ENTER INTO LONG-TERM CONTRACTS11
190	190	WITH THE FEDERAL GOVERNMENT , THE STATE OR ANY POLITICAL12
191	191	SUBDIVISION OF THE STATE, A PRIVATE COMPANY, ANY PERSON, OR ANY13
192	192	COMBINATION THEREOF FOR A TERM NOT EXCEEDING SEVENTY -FIVE YEARS14
193	193	FOR THE PERFORMANCE OF FUNCTIONS OF THE CONSERVANCY DISTRICT ,15
194	194	WHICH FUNCTIONS, IN THE DISCRETION OF THE CONSERVANCY DISTRICT ,16
195	195	CAN DESIRABLY AND CONVENIENTLY BE CARRIED OUT UNDER CONTRACT .17
196	196	H
197	197	OWEVER, ANY SUCH CONTRACT MUST INCLUDE TERMS AND CONDITIONS18
198	198	THAT ENABLE THE CONSERVANCY DISTRICT TO RETAIN REASONABLE19
199	199	SUPERVISION AND CONTROL OF SUCH FUNCTIONS .20
200	200	(2) T
201	201	HE CONSERVANCY DISTRICT MAY ACT AS NECESSARY TO21
202	202	AVAIL ITSELF OF AID, ASSISTANCE, AND COOPERATION FROM THE STATE22
203	203	GOVERNMENT OR FEDERAL GOVERNMENT OR FROM ANY LOCAL23
204	204	GOVERNMENT.24
205	205	SECTION 4. In Colorado Revised Statutes, 37-45.1-101, amend25
206	206	(1) introductory portion as follows:26
207	207	37-45.1-101. Legislative declaration. (1) The general assembly27
208	208	SB24-038
209	209	-6- hereby finds, determines, and declares that in order to provide for the1
210	210	continued beneficial use of all waters originating in Colorado, the2
211	211	establishment of water activity enterprises within or by
212	212	CONSERVANCY3
213	213	DISTRICTS, water conservancy districts, water conservation districts, and4
214	214	other entities of state and local government is critical to the health and5
215	215	welfare of the people of the state of Colorado. The general assembly6
216	216	further finds that water activities are necessary to:7
217	217	SECTION 5. In Colorado Revised Statutes, 37-45.1-102, amend8
218	218	the introductory portion and (1) as follows:9
219	219	37-45.1-102. Definitions. As used in this article
220	220	ARTICLE 45.1,10
221	221	unless the context otherwise requires:11
222	222	(1) "District" means any state or local governmental entity that has12
223	223	authority to conduct water activities, including
224	224	A CONSERVANCY DISTRICT13
225	225	CREATED PURSUANT TO ARTICLE 2 OF THIS TITLE 37, a water conservancy14
226	226	district created pursuant to article 45 of this title
227	227	TITLE 37, a water15
228	228	conservation district created by article 46, 47, 48, or 50 of this title TITLE16
229	229	37, a water and sanitation district or other entity created pursuant to title17
230	230	32, C.R.S., an entity created pursuant to title 29 C.R.S., or this title TITLE18
231	231	37, a county, or a municipality.19
232	232	SECTION 6. Act subject to petition - effective date. This act20
233	233	takes effect at 12:01 a.m. on the day following the expiration of the21
234	234	ninety-day period after final adjournment of the general assembly; except22
235	235	that, if a referendum petition is filed pursuant to section 1 (3) of article V23
236	236	of the state constitution against this act or an item, section, or part of this24
237	237	act within such period, then the act, item, section, or part will not take25
238	238	effect unless approved by the people at the general election to be held in26
239	239	SB24-038
240	240	-7- November 2024 and, in such case, will take effect on the date of the1
241	241	official declaration of the vote thereon by the governor.2
242	242	SB24-038
243	243	-8-