S.B. 98-15 Ground water commission - per diem limit. Removes the $1,200 yearly limit on per diems paid to the members of the ground water commission. Increases the members per diems from $25 per day to $50 per day.
APPROVED by Governor June 1, 1998
EFFECTIVE June 1, 1998
S.B. 98-78 Water resources and power development authority - financing of projects - review - exemptions. Amends the definition of governmental agencies under the "Colorado Water Resources and Power Development Authority Act" (Act) to include enterprises and other entities established by governmental agencies and removes the existing limitation that such other entities be established pursuant to interstate compact or agreement.
Amends the definition of hydroelectric facilities under the Act to include all facilities for the hydrogeneration or transmission of electric power and energy, not just those developed in connection with a water management facility.
Amends the definition of small water resources projects under the Act to include facilities with an estimated cost of $25 million, including planning, environmental costs, and water rights, in place of the current limitation of $10 million not including such costs.
Deletes the requirement that the authority use no more than one fourth of its cash or investments on hand on January 1 of each year in connection with the issuance of bonds for small water resources projects. Eliminates an obsolete prohibition on the use of more than $8,970,000 at any one time between January 1, 1989, and January 1, 1994, for such purposes. In cases in which a small water resources project consists of or includes raw water diversion or storage facilities, allows the authority simply to forward a copy of the loan application to the Colorado water conservation board rather than preparing a summary and awaiting the board's formal recommendations.
Changes the date for submission of the authority's annual report from March 31 to April 30.
In the legislative declaration of the purposes of the Act, removes the existing limitation that the only generation of electric energy authorized by the Act is generation from hydroelectric facilities "supportive of a project".
APPROVED by Governor April 2, 1998
EFFECTIVE April 2, 1998
S.B. 98-103 Grand Junction drainage district - operations and functions. Authorizes the Grand Junction drainage district to participate in nonpoint pollution activities. Raises the daily compensation range for directors of the district from $35 per day to $75 per day and the annual limit on such compensation from $960 to $1,200 to make such compensation equivalent to directors of other special districts and water conservancy districts. Updates statutory language relating to bonds and bond sales.
APPROVED: March 24, 1998
EFFECTIVE March 24, 1998
S.B. 98-201 Denver basin aquifer - water well pumping - effective dates for water replacement standards - special water committee. Delays for one year the effective date of a stricter temporary standard for the replacement of actual out-of-priority stream depletions caused by the operation of wells in the Dawson, Denver, Arapahoe, or Laramie-Fox Hills aquifers in order to allow the state engineer and the director of the Colorado water conservation board to complete a study of water use in the Denver basin. Extends the repeal date of such stricter standard from July 1, 2001, to July 1, 2002, thereby delaying the return to the standard of replacement that existed prior to July 1, 1999.
Extends the repeal date of the special water committee from July 1, 1998, to July 1, 1999.
APPROVED by Governor June 1, 1998
EFFECTIVE June 1, 1998
H.B. 98-1011 Groundwater - permits to construct wells - confined and unconfined aquifer in the San Luis Valley - judicially approved augmentation plan. Declares that the hydrologic system in water division 3 is unique and complex. Requires that any well permit in water division 3 that involves new withdrawals of groundwater that affect the rate or direction of movement of water in the confined aquifer be permitted pursuant to a judicially approved plan for augmentation that is subject to rules promulgated by the state engineer. Authorizes the state engineer to promulgate rules based upon a specific study of the confined aquifer system. Requires such rules to be promulgated prior to July 1, 2001. Mandates that the rules permit the development of water resources in a manner that will protect Colorado's ability to meet its interstate compact obligations and to prevent injury to senior appropriators. Requires the state engineer to recognize that unappropriated water is not made available and injury is not prevented as a result of the reduction of water consumption by nonirrigated native vegetation.
Requires the court in water division 3 to apply this standard as well in any application that involves new withdrawals of groundwater that affects the rate or direction of movement of water in the confined aquifer. Allows the court to retain jurisdiction in an augmentation plan for the purpose of revising such decree to comply with the rules promulgated by the state engineer.
Applies to all new and pending applications for well permits, except exempt wells, in water division 3, and to all new or pending applications concerning water rights filed with the water clerk for water division 3.
APPROVED by Governor May 26, 1998
EFFECTIVE See Note
NOTE: This act shall become effective on the effective date of the appropriation for the Rio Grande compact decision
support system in House Bill 98-1189. This act shall apply on or after said date to all new and pending applications for
well permits, except applications for those wells defined in section 37-90-103 (1), (13), and (17), Colorado Revised
Statutes, and in section 37-92-602, Colorado Revised Statutes, filed with the division of water resources in the
department of natural resources for wells to be located in water division 3, and shall apply to all new or pending
applications concerning water rights filed with the water clerk for water division 3.
H.B. 98-1151 Water resources - regulation of ground water - administrative functions - long bill adjustment. Clarifies which well permit fees are deposited into the division of water resources ground water management cash fund and into the general fund.
Adds a definition of "replacement plan" to the statutes related to designated ground water basins.
Increases the per diem amounts payable to ground water commission members from $25 to $50 per day and the total annual limit from $1,200 to $2,400. Permits the commission to delegate to the executive director of the commission the authority to establish the priority dates of ground water claims.
With respect to small capacity wells: Adds a definition of "commercial business"; allows such wells for fire-fighting purposes; authorizes the state engineer to promulgate rules; limits new permits to an annual use of 5 acre-feet; adds cumulative effect criteria for subdivision water supply plans similar to that for such uses outside of designated ground water basins; specifies that permits expire in 2 years unless extended; makes technical changes to language for late registration of existing wells in use prior to May 8, 1972, to move such language to a more appropriate location in the statutes; enacts a grandfather provision to grant new permits for wells in use in a feedlot prior to January 1, 1996, based upon evidence of use from such wells; clarifies that the appeal of the state engineer's decision to grant or deny a permit goes to the district court in the county where the well is located and not to the Denver district court.
Authorizes new well permits to be granted pursuant to a replacement plan and adds new provisions to the law governing the specifics of such plans.
With respect to appropriations of designated ground water from the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers: Provides for determinations of such rights; specifies that such a determination shall be considered a final determination subject to the ground water commission's retained jurisdiction for adjustment of acre-feet amounts based upon actual geophysical information from such wells; requires that an application for a well permit must already have or shall be accompanied by an application for a determination of such water; specifies that, in order to grant a well permit if a replacement plan would be needed to replace depletions to alluvial aquifers, such plan shall be published unless one is already approved by the ground water commission under a prior publication. Deletes requirements for final permits for permits issued on or after July 1, 1991.
Clarifies and reaffirms that a fee of $30 for late filing of a statement of beneficial use is not required if a permit was issued prior to July 14, 1975. Authorizes the ground water commission to promulgate rules to grant temporary approvals of permits without publication.
With respect to ground water commission hearings, specifies that appeals of a hearing officer's decision shall be heard by the commission at its regular or special meetings. Requires such hearings to be held within 180 days after receipt of a request therefor.
Specifies that publication costs for final permits will be paid by the state engineer from the division of water resources ground water management cash fund. Permits the ground water commission to authorize applicants to pay publication expenses directly to newspapers rather than to the commission. Imposes a $60 fee for requests to extend the expiration date on a large capacity well permit.
Expands the authority of ground water management districts to cover wells with a conditional permit as well as with a final permit. Authorizes such districts to enforce violations by small capacity wells. Removes the notification requirement to all water users within a ground water management district by 1st-class mail, but still requires notice by publication. Requires such districts to hold hearings within 180 days after a request therefor.
Adjusts the 1998 long bill to reduce the cash fund appropriation to the department of natural resources, water resources division, ground water management, by $760.
APPROVED by Governor June 1, 1998
EFFECTIVE August 5, 1998
NOTE: This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final
adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section
1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of
this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date
of the official declaration of the vote thereon by proclamation of the governor.
H.B. 98-1189 Water conservation board - project loan authorization - changes in loan amounts to previously authorized projects - studies - appropriations. Authorizes the water conservation board to expend moneys from the water conservation board construction fund and the severance tax trust fund perpetual base account on the following:
Deauthorizes certain projects authorized in previous years. Changes the amount authorized for certain projects in a previous year.
Creates the Colorado river recovery program loan account and transfers $2,000,000 from the water conservation board construction fund to that account. Appropriates $4,000,000 from the severance tax trust fund perpetual base account to the department of natural resources for the Eagle Park Reservoir Rehabilitation project.
APPROVED by Governor April 30, 1998
EFFECTIVE April 30, 1998
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