Colorado 2025 Regular Session

Colorado Senate Bill SB283 Latest Draft

Bill / Introduced Version Filed 04/07/2025

                            First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
 
 
LLS NO. 25-1041.01 Renee Leone x2695
SENATE BILL 25-283
Senate Committees House Committees
Agriculture & Natural Resources
A BILL FOR AN ACT
C
ONCERNING THE COLORADO WATER CONSERVATION BOARD101
OPERATIONS, AND, IN CONNECTION THEREWITH , FUNDING102
PROJECTS AND MAKING 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 2025-26 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 SPONSORSHIP
Roberts and Simpson, Catlin, Marchman, Bridges, Pelton B.
HOUSE SPONSORSHIP
McCormick and Soper, McCluskie
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, $500,000 (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);
! Continuation of the Arkansas river decision support
program, $300,000 (section 7);
! Continuation of technical assistance for the federal
irrigation improvement cost-sharing program, $500,000
(section 8);
! Decision support systems model enhancements to support
the Colorado water plan, $1,000,000 (section 9);
! Support for the basin implementation plan analysis and
updates, $4,500,000 (section 10);
! Continuation of the Colorado watershed restoration and
wildfire ready watershed programs, $5,000,000 (section
11);
! Support for a statewide turf analysis, $1,400,000 (section
12);
! Support for the Yampa river and Walton creek confluence
restoration project, $2,000,000 (section 14); and
! Support for the south fork focus zone irrigated acreage
retirement, $6,000,000 (section 15);
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, 2025.
Section 13 directs the state treasurer to transfer $500,000 from the
CWCB construction fund to the plant health, pest control, and
environmental protection cash fund on July 1, 2025, and makes an
appropriation of that amount to the department of agriculture for use by
the conservation services division for the Colorado soil health program.
Section 16 authorizes the CWCB to make a loan in an amount of
$12,978,500 from the severance tax perpetual base fund to the North
Poudre Irrigation Company to support the park creek expansion project.
Section 17 appropriates $29,200,000 from the water plan
implementation cash fund to the CWCB to award grants that will help
implement the state water plan.
Sections 18, 19, 20, and 21 eliminate the office of water
conservation under the CWCB and the water efficiency grant program,
transfer remaining money from the water efficiency grant program cash
fund to the severance tax perpetual base fund, and make conforming
SB25-283
-2- amendments accordingly.
Current law authorizes the governor to appoint a director of
compact negotiations. Section 22 states that the governor or the executive
director of the department of natural resources shall appoint the director
of compact negotiations within 30 days after a vacancy of the position.
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 2025-263
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 2025-26 state15
fiscal year, $500,000 is appropriated to the department of natural16
resources for use by the Colorado water conservation board. This17
appropriation is from the Colorado water conservation board construction18
fund created in section 37-60-121, C.R.S. To implement this section, the19
Colorado water conservation board may use this appropriation to continue20
to assist with the preparation of revised and improved floodplain studies21
and maps for communities throughout Colorado and participate in22
federally sponsored floodplain map modernization activities.23
SB25-283-3- (2)  The money appropriated in subsection (1) of this section1
remains available for the designated purposes until it is fully expended.2
SECTION 3. Continuation of the weather modification3
permitting program - appropriation. (1)   For the 2025-26 state fiscal4
year, $500,000 is appropriated to the department of natural resources for5
use by the Colorado water conservation board. This appropriation is from6
the Colorado water conservation board construction fund created in7
section 37-60-121, C.R.S. To implement this section, the Colorado water8
conservation board may use this appropriation to assist water9
conservation and conservancy districts with the development of cloud10
seeding programs to provide benefits to recreation, streams, and11
reservoirs through snowpack enhancement.12
(2)  The money appropriated in subsection (1) of this section13
remains available for the designated purposes until it is fully expended.14
SECTION 4. Restoration of litigation fund cash balance -15
appropriation. On July 1, 2025, the state treasurer shall transfer16
$2,000,000, or so much thereof as may be necessary to restore the balance17
of the litigation fund to $2,000,000, from the unreserved cash in the18
Colorado water conservation board construction fund created in section19
37-60-121, C.R.S., to the litigation fund created in section 37-60-12120
(2.5), C.R.S., to assist in addressing legal issues associated with compact21
compliance or any other litigation activities as specified under section22
37-60-121, C.R.S.23
SECTION 5. Continuation of the Colorado Mesonet project24
- appropriation. (1)  For the 2025-26 state fiscal year, $200,000 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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37-60-121, C.R.S. To implement this section, the Colorado water2
conservation board may use this appropriation to support the Colorado3
Mesonet, including for the following activities: Operation, maintenance,4
travel, communications, and database and website management for5
temperature and precipitation stations.6
(2)  The money appropriated in subsection (1) of this section7
remains available for the designated purposes until it is fully expended.8
SECTION 6. Continuation of the water forecasting9
partnership project - appropriation. (1)  For the 2025-26 state fiscal10
year, $2,000,000 is appropriated to the department of natural resources11
for use by the Colorado water conservation board. This appropriation is12
from the Colorado water conservation board construction fund created in13
section 37-60-121, C.R.S. To implement this section, the Colorado water14
conservation board may use this appropriation to support the development15
of new ground and aerial remote sensing data, to develop hydrologic16
modeling practices, to provide reliable volumetric water supply17
forecasting, and to provide better characterization of snowpack.18
(2)  The money appropriated in subsection (1) of this section19
remains available for the designated purposes until it is fully expended.20
SECTION 7. Continuation of the Arkansas river decision21
support program - appropriation. (1)  For the 2025-26 state fiscal year,22
$300,000 is appropriated to the department of natural resources for use23
by the Colorado water conservation board. This appropriation is from the24
Colorado water conservation board construction fund created in section25
37-60-121, C.R.S. To implement this section, the Colorado water26
conservation board may use this appropriation to continue implementation27
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-5- efforts identified in the Arkansas river decision support system (ArkDSS)1
feasibility study completed in December 2011.2
(2)  The money appropriated in subsection (1) of this section3
remains available for the designated purposes until it is fully expended.4
SECTION 8. Continuation of technical assistance for federal5
irrigation improvement cost-sharing program - appropriation.6
(1)  For the 2025-26 state fiscal year, $500,000 is appropriated to the7
department of natural resources for use by the Colorado water8
conservation board. This appropriation is from the Colorado water9
conservation board construction fund created in section 37-60-121,10
C.R.S. To implement this section, the Colorado water conservation board11
may use this appropriation to provide technical assistance for applicants12
seeking competitive federal grant funds.13
(2)  The money appropriated in subsection (1) of this section14
remains available for the designated purposes until it is fully expended.15
SECTION 9. Decision support systems model enhancements16
to support the Colorado water plan - appropriation. (1)  For the17
2025-26 state fiscal year, $1,000,000 is appropriated to the department of18
natural resources for use by the Colorado water conservation board. This19
appropriation is from the Colorado water conservation board construction20
fund created in section 37-60-121, C.R.S. To implement this section, the21
Colorado water conservation board may use this appropriation to support22
efforts to refine and extend the existing decision support systems model23
and to complete technical updates to the Colorado water plan.24
(2)  The money appropriated in subsection (1) of this section25
remains available for the designated purposes until it is fully expended.26
SECTION 10. Basin implementation plan analysis and27
SB25-283
-6- updates - appropriation. (1)  For the 2025-26 state fiscal year,1
$4,500,000 is appropriated to the department of natural resources for use2
by the Colorado water conservation board. This appropriation is from the3
Colorado water conservation board construction fund created in section4
37-60-121, C.R.S. To implement this section, the Colorado water5
conservation board may use this appropriation to support updated efforts6
to evaluate baseline data to determine existing and future water demand7
and supply to develop an updated basin implementation plan for each of8
the 8 major river basins across the state.9
(2)  The money appropriated in subsection (1) of this section10
remains available for the designated purposes until it is fully expended.11
SECTION 11. Continuation of the Colorado watershed12
restoration program - appropriation. (1)  For the 2025-26 state fiscal13
year, $5,000,000 is appropriated to the department of natural resources14
for use by the Colorado water conservation board. This appropriation is15
from the Colorado water conservation board construction fund created in16
section 37-60-121, C.R.S. To implement this section, the Colorado water17
conservation board may use this appropriation to support planning,18
engineering, and implementation measures to address technical needs for19
watershed restoration and flood mitigation projects throughout the state20
to provide aquatic habitat protection; quantification of environmental21
flow needs; and monitoring of efforts to support healthy stream and22
watershed goals outlined in the state water plan.23
(2)  The money appropriated in subsection (1) of this section24
remains available for the designated purposes until it is fully expended.25
SECTION 12. Statewide turf analysis - appropriation. (1)  For26
the 2025-26 state fiscal year, $1,400,000 is appropriated to the department27
SB25-283
-7- of natural resources for use by the Colorado water conservation board.1
This appropriation is from the Colorado water conservation board2
construction fund created in section 37-60-121, C.R.S. To implement this3
section, the Colorado water conservation board may use this4
appropriation to conduct an analysis to answer key questions related to5
understanding the total amount of irrigable turf, nonfunctional turf, tree6
canopy, and other vegetation types in populated areas of the state to gain7
a better understanding of outdoor and landscape water use and develop8
possible water savings practices related to turf replacement.9
(2)  The money appropriated in subsection (1) of this section10
remains available for the designated purposes until it is fully expended.11
SECTION 13. Colorado department of agriculture - scaling12
Colorado soil health- transfer - appropriation. (1)  On July 1, 2025, the13
state treasurer shall transfer $500,000 from the Colorado water14
conservation board construction fund created in section 37-60-121,15
C.R.S., to the plant health, pest control, and environmental protection16
cash fund created in section 35-1-106.3 (1), C.R.S., to assist in the17
continuation of the soil health program.18
(2) (a)  For the 2025-26 state fiscal year, $500,000 is appropriated19
to the department of agriculture for use by the conservation services20
division. This appropriation is from the plant health, pest control, and21
environmental protection cash fund created in section 35-1-106.3 (1),22
C.R.S. To implement this subsection (2)(a), the conservation services23
division may use this appropriation to continue the Colorado soil health24
program to improve soil health throughout the state.25
(b)  The money appropriated in subsection (2)(a) of this section26
remains available for the designated purposes until it is fully expended.27
SB25-283
-8- SECTION 14. Yampa river and Walton creek confluence1
restoration - appropriation. (1)  For the 2025-26 state fiscal year,2
$2,000,000 is appropriated to the department of natural resources for use3
by the Colorado water conservation board. This appropriation is from the4
Colorado water conservation board construction fund created in section5
37-60-121, C.R.S. To implement this section, the Colorado water6
conservation board may use this appropriation to conduct a large-scale7
ecological river and wetland restoration project encompassing one8
hundred five acres of channel, floodplain, and riparian improvements at9
the Yampa river and Walton creek confluence.10
(2)  The money appropriated in subsection (1) of this section11
remains available for the designated purposes until it is fully expended.12
SECTION 15. South fork focus zone irrigated acreage13
retirement - appropriation. (1)  For the 2025-26 state fiscal year,14
$6,000,000 is appropriated to the department of natural resources for use15
by the Colorado water conservation board. This appropriation is from the16
Colorado water conservation board construction fund created in section17
37-60-121, C.R.S. To implement this section, the Colorado water18
conservation board may use this appropriation to support efforts to19
comply with the republican river compact administration resolution by20
retiring irrigated acreage in the south fork focus zone by 2029.21
(2)  The money appropriated in subsection (1) of this section22
remains available for the designated purposes until it is fully expended.23
SECTION 16. Water project loan authorization - park creek24
reservoir expansion project. (1)  Pursuant to section 37-60-122 (1)(b),25
C.R.S., the Colorado water conservation board is authorized to make a26
loan in the amount of $12,978,500 from the severance tax perpetual base27
SB25-283
-9- fund created in section 39-29-109 (2)(a), C.R.S., to the North Poudre1
Irrigation Company for the completion of the park creek reservoir2
expansion project.3
(2)  The money authorized in subsection (1) of this section remains4
available for the designated purposes until it is fully expended.5
(3)  The Colorado water conservation board may make loans for6
the project specified in subsection (1) of this section from money that is7
or may become available to the severance tax perpetual base fund. The8
total amount of the loans will be in the amount listed in subsection (1) of9
this section plus or minus the amount, if any, as may be justified by10
reason of fluctuations in construction costs or as may be justified by11
reason of changes in the plans for the project due to differing or12
unforeseen site conditions, errors or omissions in the plans and13
specifications, changes instituted by regulatory agencies, or changes in14
material quantities beyond contract limits.15
SECTION 17. Grant-making for projects that assist in16
implementing the state water plan - appropriation. (1)  For the17
2025-26 state fiscal year, $29,200,000 is appropriated to the department18
of natural resources for use by the Colorado water conservation board.19
This appropriation is from the water plan implementation cash fund20
created in section 37-60-123.3 (1)(a), C.R.S. To implement this21
subsection (1), the Colorado water conservation board may use this22
appropriation for grant-making for projects that assist in the23
implementation of the state water plan pursuant to section 37-60-106.324
(6), C.R.S., through the Colorado water conservation board's application25
and guidelines process.26
(2)  The money appropriated in subsection (1) of this section27
SB25-283
-10- remains available for the designated purposes until it is fully expended.1
SECTION 18.  In Colorado Revised Statutes, 37-60-124, amend2
(2) introductory portion and (3); and repeal (1) as follows:3
37-60-124.  Water conservation and drought mitigation4
planning - powers and duties of board. (1)  There is hereby created as5
an office under the Colorado water conservation board the office of water6
conservation and drought planning. The office shall have such staff as are7
necessary and appropriate to carry out the duties established for the8
office.9
(2)  The office of water conservation and drought planning BOARD10
shall promote water conservation and drought mitigation planning by11
performing AND SHALL MAINTAIN AS MUCH STAFF AS IS REQUIRED TO12
PERFORM, to the degree feasible, duties including, but not limited to, the13
following:14
(3)  The personal services, operating, travel and subsistence,15
capital, and legal services expenses of administering the office of water16
conservation and drought planning and the programs and activities17
authorized by subsection (2) of this section may be paid from such18
moneys as are MONEY AS IS appropriated, allocated, or otherwise credited19
to the Colorado water conservation board construction fund.20
SECTION 19. In Colorado Revised Statutes, 37-60-126, amend21
(2)(a), (2)(b), (3), (6), (7), (8), and (12)(c); repeal (1)(c) and (1)(d); and22
add (12)(b.7) as follows:23
37-60-126.  Water conservation and drought mitigation24
planning - programs - relationship to state assistance for water25
facilities - guidelines - grant program - definitions - repeal. (1)  As26
used in this section and section 37-60-126.5, unless the context otherwise27
SB25-283
-11- requires:1
(c)  "Grant program" means the water efficiency grant program2
established pursuant to subsection (12) of this section.3
(d)  "Office" means the office of water conservation and drought4
planning created in section 37-60-124.5
(2) (a)  Each A covered entity shall, subject to section 37-60-127,6
develop, adopt, make publicly available, and implement a plan pursuant7
to which such THE covered entity shall encourage its domestic,8
commercial, industrial, and public facility customers to use water more9
efficiently. Any A state or local governmental entity that is not a covered10
entity may develop, adopt, make publicly available, and implement such11
a plan.12
(b)  The office BOARD shall review previously submitted13
conservation plans to evaluate their consistency with the provisions of14
this section and the guidelines established pursuant to paragraph (a) of15
subsection (7) SUBSECTION (7)(a) of this section.16
(3)  The manner in which the covered entity develops, adopts,17
makes publicly available, and implements a plan established pursuant to18
subsection (2) of this section shall be determined by the covered entity in19
accordance with this section. The plan shall MUST be accompanied by a20
schedule for its implementation. The plans and schedules shall be21
provided to the office BOARD within ninety days after their adoption. For22
those entities seeking financial assistance, the office BOARD shall then23
notify the covered entity and the appropriate financing authority that the24
plan has been reviewed and whether the plan has been approved in25
accordance with this section.26
(6)  The board is hereby authorized to recommend the27
SB25-283
-12- appropriation and expenditure of revenues as are necessary from the1
unobligated balance of the five percent share of the severance tax2
operational fund designated for use by the board for the purpose of the3
office providing assistance to covered entities to develop water4
conservation plans that meet the provisions of this section.5
(7) (a)  The board shall adopt guidelines for the office to review6
water conservation plans submitted by covered entities and other state or7
local governmental entities. The guidelines shall MUST define the method8
for submitting plans to the office BOARD, the methods for office review9
and approval of the plans, and the interest rate surcharge provided for in10
paragraph (a) of subsection (9) SUBSECTION (9)(a) of this section.11
(b)  If no other applicable guidelines exist as of June 1, 2007, The12
board shall adopt guidelines by July 31, 2007, for the office to use in13
reviewing MAY REVIEW AND AWARD GRANTS PURSUANT TO applications14
submitted by covered entities, other state or local governmental entities,15
and agencies for grants from the grant program and from the grant16
program established in section 37-60-126.5 (3). The guidelines shall17
establish deadlines and procedures for covered entities, other state or18
local governmental entities, and agencies to follow in applying for grants19
and the criteria to be used by the office and the board in prioritizing and20
awarding grants 37-60-106.3 (6).21
(8)  A covered entity may at any time adopt changes to an22
approved plan in accordance with this section after notifying and23
receiving concurrence from the office BOARD. If the proposed changes are24
major, the covered entity shall give public notice of the changes, make the25
changes available in draft form, and provide the public an opportunity to26
comment on such changes before adopting them in accordance with27
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-13- subsection (5) of this section.1
(12) (b.7)  O
N JUNE 30, 2026, THE STATE TREASURER SHALL2
TRANSFER ANY MONEY REMAINING IN THE WATER EFFICIENCY GRANT3
PROGRAM CASH FUND TO THE SEVERANCE TAX PERPETUAL BASE FUND4
CREATED IN SECTION 39-29-109 (2)(a).5
(c)  This subsection (12) is repealed, effective July 1, 2030
 2026.6
SECTION 20. In Colorado Revised Statutes, 37-60-126.5,7
amend (2), (3), and (4) as follows:8
37-60-126.5.  Drought mitigation planning - programs -9
relationship to state assistance. (2)  The office BOARD shall develop10
programs to provide technical assistance to covered entities and other11
state or local governmental entities in the development of drought12
mitigation plans.13
(3)  The board is hereby authorized to expend revenues from the14
water efficiency grant program cash fund and to recommend the15
appropriation and expenditure of the revenues as is necessary from the16
unobligated balance of the five-percent share of the severance tax17
operational fund designated for use by the board for the purpose of18
assisting covered entities and other state or local governmental entities to19
develop drought mitigation plans that the office BOARD identifies as20
sufficient.21
(4)  The board shall adopt guidelines for the office to use in22
reviewing, evaluating, and approving drought mitigation plans submitted23
by covered entities or other state or local governmental entities in24
accordance with this section.25
SECTION 21. In Colorado Revised Statutes, 39-29-109, amend26
(2)(a)(II.5)(B), (2)(a)(II.5)(C), and (2)(b)(III); and repeal (2)(a)(II.5)(D)27
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39-29-109.  Severance tax trust fund - created - administration2
- distribution of money - legislative declaration - repeal. (2)  State3
severance tax receipts must be credited to the severance tax trust fund as4
provided in section 39-29-108. All income derived from the deposit and5
investment of the money in the fund must be credited to the fund. At the6
end of any fiscal year, all unexpended and unencumbered money in the7
fund remains in the fund and must not be credited or transferred to the8
general fund or any other fund. All money in the fund is subject to9
appropriation by the general assembly for the following purposes:10
(a)  The severance tax perpetual base fund. (II.5)  The board11
shall use the money in the fund:12
(B)  To direct the state treasurer to transfer amounts to the water13
supply reserve fund created in subsection (2)(c) of this section; 
AND14
(C)  To direct the state treasurer to transfer amounts to the15
interbasin compact committee operation fund created in section16
37-75-107. and
17
(D)  To direct the state treasurer to transfer amounts to the water18
efficiency grant program cash fund created in section 37-60-126 (12).19
(b)  The severance tax operational fund. (III)  The fund also20
includes amounts that were transferred to natural resources and energy21
grant programs under section 39-29-109.3 and that were transferred back22
to the fund in accordance with subsection (2)(c)(V) of this section and23
sections 24-33-111 (2)(a)(I)(C) 37-60-126 (12)(a)(V), and 37-75-107 (3).24
SECTION 22. In Colorado Revised Statutes, 37-75-103, amend25
(1) and (2)(b) as follows:26
37-75-103.  Director of compact negotiations. (1)  Within thirty27
SB25-283
-15- days after June 7, 2005 A VACANCY, the governor OR THE EXECUTIVE1
DIRECTOR OF THE DEPARTMENT OF NATURAL RESOURCES shall appoint a2
director of compact negotiations. which office is hereby created in the3
office of the governor. The director of compact negotiations shall act as4
the overseer and caretaker of the compact negotiations process5
established in this article ARTICLE 75.6
(2)  The director of compact negotiations shall have the following7
responsibilities:8
(b)  Oversee and Direct the expenditure of moneys MONEY9
appropriated pursuant to this article ARTICLE 75; and10
SECTION 23. 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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