Water And Irrigation - Digest of Bills

Digest of Bills - 1994

WATER AND IRRIGATION

S.B. 94-29 Water conservation board - project authorization and deauthorization - floodplain project loans - emergency infrastructure account - publications account. Authorizes the Colorado water conservation board to make loans from the Colorado water conservation board construction fund for certain water resources projects. Specifies that the loans to the town of Johnstown, the city of Salida, and the city of Fort Morgan are contingent upon a finding by the board that alternate financing is not available. Specifies that the loan to the city of Alamosa is in conjunction with work being conducted by the federal government on flood control. Deauthorizes loans from the fund for certain water resources projects.

Authorizes the expenditure of moneys from the fund for certain nonreimbursable purposes including: Continuation of the Colorado river compact decision support system, continuation of the South Platte river water rights management and data collection support system, maintenance of the satellite monitoring system, continuation of the small dam site reconnaissance program, an extreme precipitation investigation, a feasibility study for the repair of the Continental reservoir, and an aquatic habitat study.

Amends the requirements for a loan on a project authorized in 1986 to allow a loan equal to 100% of the cost rather than the original cap of 50% of the cost.

Modifies the prohibition on recommendations by the board for floodplain projects to allow such recommendations if the projects do not exceed 5% of the annual projected revenue earned by the fund. Specifies that if an emergency exists and a majority of the board certifies that exigencies of time require a meeting of the board without public notice, a meeting may occur without public notice but that such meeting must be followed by notice to the public as soon as is practicable.

Creates the publications account to which moneys paid by the public for copies of public records provided by the board shall be credited. Directs the board to pay for the cost of providing copies of public records to the public from the publications account.

APPROVED by Governor May 31, 1994
EFFECTIVE May 31, 1994

S.B. 94-54 Conditional water rights - conditions for acquisition or change to instream flow uses. Authorizes the Colorado water conservation board to acquire or change conditional water rights to instream flow uses only if the conditional water rights are located in the Yampa River Basin and will be used in the recovery of species determined to be threatened or endangered pursuant to the Endangered Species Act. Further, provides that the conditional water rights must be a recognized component of an ongoing recovery program to offset jeopardy to a listed species or adverse modifications to critical habitat caused by water project depletions and that the board must find that acquisition of conditional water rights will provide benefits to the recovery program not available through initial appropriation by the board.

APPROVED by Governor April 20, 1994
EFFECTIVE April 20, 1994

S.B. 94-97 Recharge of waters into certain aquifers - state engineer to promulgate rules. Requires the state engineer to promulgate rules by July 1, 1995, concerning the permitting and use of waters artifically recharged into the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers. Requires that the rules effectuate maximum utilization of the aquifers through use of both ground and surface waters.

APPROVED by Governor April 13, 1994
EFFECTIVE April 13, 1994

S.B. 94-138 Conditional underground water right - expiration of permit to construct a well - no finding of abandonment. Specifies that a conditional underground water right requiring the construction of a well shall not be declared abandoned solely upon the ground that the permit issued for the construction of the well has expired.

APPROVED by Governor May 19, 1994
EFFECTIVE May 19, 1994

S.B. 94-203 Transfers of general fund moneys for water purposes - appropriation. Modifies the amount and allocation of the transfer of general fund moneys for water purposes scheduled to occur on July 1, 1994, as follows: $10,500,000 to the Colorado water conservation board construction fund; $4,552,960 to the fish and wildlife account in the Colorado water conservation board construction fund; $1,500,000 to the Colorado water resources and power development authority; $6,200,000 to the domestic water supply project revolving fund; $2,800,000 to the Colorado water conservation board construction fund for a portion of the construction costs of the Ridges Basin dam of the Animas-La Plata project; $447,040 to the Colorado water conservation board construction fund for activities relating to the Arkansas river litigation; and $4,000,000 to the litigation account in the Colorado water conservation board construction fund. Eliminates the transfers of general fund moneys for water purposes scheduled to occur in 1995 and 1996.

Creates the litigation account in the Colorado water conservation board construction fund. Specifies the purpose for which the Colorado water conservation board, in its discretion, may expend moneys in such account. Sets forth certain conditions for the expenditure of said moneys.

Creates the domestic water supply project revolving fund. Specifies the purposes for which moneys in the fund may be expended. Provides for the establishment and modification of the domestic water supply project eligibility list. Prohibits any financial assistance from the domestic water supply project revolving fund being given to projects not included on the eligibility list asapproved. Sets forth procedures and requirements for providing financial assistance from the fund to qualified domestic water supply projects.

Appropriates $447,040 and 4.5 FTE to the department of natural resources, water resources division, for activities relating to the Arkansas river litigation. Appropriates $4,000,000 to the department of law for activities related to litigation supporting users of water facilities located on federally owned lands.

APPROVED by Governor May 25, 1994
EFFECTIVE May 25, 1994

H.B. 94-1027 Conservancy districts - development of parks and recreational facilities. Expands the purposes of a conservancy district to include participation in the development of parks and recreational facilities within the boundaries of the district.

Expands the authority of a conservancy district's board of directors to include participation in the development of parks and recreational facilities, including trails, greenways, and riverfront development, within the boundaries of the district.

APPROVED by Governor April 7, 1994
EFFECTIVE April 7, 1994

H.B. 94-1242 Wells - relocation - presumption of no substantial change of usage. Requires the state engineer to presume, absent a showing by a preponderance of evidence, that the relocation of a well will not change substantially the usage of water under certain circumstances for purposes of issuing a permit to relocate the well. Defines the circumstances as: existing well was constructed pursuant to a permit issued by the state engineer, location for the new well is within 200 feet of the existing well, same aquifer, same historical usage of water, same or less annual volume of water used, and same or less gallons per minute flow.

APPROVED by Governor March 29, 1994
EFFECTIVE March 29, 1994

H.B. 94-1289 Underground water - wells - permits - regulation - judicial review - rules - appropriation. Enlarges the period of time by which the ground water commission may extend a conditional permit for good cause shown from 6 months to one year. Requires a holder of a conditional permit to withdraw water from certain aquifers to notify the ground water commission when the permit holder has constructed a complying well. Specifies that when a well has been constructed pursuant to a conditional permit and the beneficial use of water from the well has begun, that the permit holder notify the ground water commission within 30 days.

Grants specific power to the ground water commission to promulgate rules necessary to carry out the "Colorado Ground Water Management Act".

Modifies the powers of the state engineer to allow enforcement of any regulation, control, or order promulgated pursuant to the "Colorado Ground Water Management Act" and not just those promulgated by the ground water commission. Modifies the duties of the state engineer to conserve all state ground waters rather than just designated ground waters.

Modifies judicial review procedures so that review of an action by the ground water commission continues to be made to the district court, but an appeal of a rule adopted by the ground water commission is made pursuant to the "State Administrative Procedure Act".

Requires owners of well permits to maintain a current name and address with the state engineer. Makes name and address changes which occur between July 1, 1994, and January 1, 1995, subject to the filing deadline of January 1, 1995. Requires that name and address changes be filed within 60 days for changes which occur on and after January 1, 1995.

Appropriates $160,000 and 4.0 FTE to the state engineer from the division of water resources ground water management cash fund for implementation of the act.

APPROVED by Governor May 31, 1994
EFFECTIVE July 1, 1994