Digest of Bills - 1995

WATER AND IRRIGATION

S.B. 95-83 Drinking water revolving fund created - depletion and transfer of domestic water supply project revolving fund moneys - transfer and appropriation. Creates the drinking water revolving fund ("drinking water fund") in the Colorado water resources and power development authority ("authority"). Allows expenditures from the drinking water fund for drinking water improvement projects that appear on a drinking water project eligibility list. Provides procedures for approval of the initial list and modifications to the list by the general assembly.

        Allows the authority to make loans and purchase insurance from drinking water fund moneys and to issue bonds. Requires development of an intended use plan that complies with the federal "Safe Drinking Water Act".

        Authorizes the transfer of moneys from the water pollution control revolving fund into or for the benefit of the drinking water revolving fund if allowed by federal law and any agreement relating to the water pollution control revolving fund. Requires assignment and transfer to the authority for deposit in the drinking water fund of loan principal and interest payments and any penalties connected with certain loans from the domestic water supply project revolving fund. Requires a portion of the moneys in the domestic water supply project revolving fund to be transferred to the drinking water fund over a period of years. Provides for the future repeal of the domestic water supply project revolving fund when all loans and moneys are transferred to the drinking water fund.

        Provides for administration of the fund and reimbursement to the authority for its administrative services and for the provision of financial assistance.

        Transfers $1,615,140 on July 1, 1995, and January 1, 1996, from the domestic water supply project revolving fund to the drinking water revolving fund. Makes the following appropriations from the authority for implementation of the act if a state revolving fund is created and if moneys are received from the United States environmental protection agency as provided by federal law: (1) $17,822 and 1.5 FTE to the department of local affairs for allocation to the division of local government; and (2) $55,805 to the department of public health and environment for allocation to the division of administration.

APPROVED by Governor May 25, 1995
EFFECTIVE May 25, 1995

H.B. 95-1151 Springs - limited alterations - exempt from regulation as a "well". For purposes of the regulation of underground water, water well construction, and water rights determination, "well" is further defined to exclude a naturally flowing "spring" if such spring has had only limited alteration. Specifies that a spring may be altered to allow a place for the capture of spring water if it is less than 10 feet in depth and less than 50 feet from the source of the spring and if gravity is used to move the water into a separate sump or storage. Requires the owner to obtain a specific "spring" water right to allow any alteration.

        Deletes the requirement for a hearing on a water well construction permit if all owners within 600 feet of the site are notified and do not respond within a specified period of time.

APPROVED by Governor April 7, 1995
EFFECTIVE April 7, 1995

H.B. 95-1155 Water conservation board - project authorization and deauthorization - litigation funding - small project loan account - Arkansas River augmentation loan account. Authorizes the Colorado water conservation board to make loans from the Colorado water conservation board construction fund for certain water resources projects. Deauthorizes certain other previously approved projects. Amends the amount approved on certain previously approved projects.

        Authorizes the board to expend funds in connection with several programs including the Colorado river compact decision support system, the satellite monitoring system maintenance, the Purgatoire river transit loss investigation, the Rio Grande project operation assessment, and the small dam site reconnaissance program.

        Authorizes the board to expend funds from a litigation account within the fund to oppose an application by a federal agency for an in-stream flow right if such application is not in compliance with Colorado law. Clarifies that moneys in the litigation account may be used in support of water users whose supply yield may be affected by by-pass flow requirements.

        Specifies that certain moneys in the fish and wildlife resources account in the fund may be expended in conjunction with the Wolford mountain reservoir project.

        Creates the small project loan account within the fund. Authorizes the board to make loans of no more than $100,000 each for a total of $1,000,000 in any fiscal year for projects the delay of which would cause undue hardship. Requires the board to notify annually the general assembly of any loans made from the account.

        Creates the Arkansas river augmentation loan account in the fund. Authorizes the board to make loans from the account to entities for the purpose of purchasing augmentation water to offset depletions that could violate the Arkansas river compact. Sets forth criteria for a loan from the account. Requires the state engineer to curtail the use of a well by any person who is not paying for the use of water available because of loaned money.

APPROVED by Governor May 4, 1995
EFFECTIVE May 4, 1995

 

Session Laws of Colorado Digest of Bills General Assembly State of Colorado


Office of Legislative Legal Services, State Capitol Building, Room 091, Denver, Colorado 80203-1782
Telephone: 303-866-2045 | Facsimile: 303-866-4157
Send comments about this web page to: olls.ga@state.co.us
 

The information on this page is presented as an informational service only and should not be relied upon as an official record of action or legal position of the State of Colorado, the Colorado General Assembly, or the Office of Legislative Legal Services.