Digest of Bills - 2002

WATER AND IRRIGATION

S.B. 02-45 Water rights - irrigation districts - qualifications for electors. Lowers the minimum age for irrigation district electors to 18 years from the previous minimum age of 21 years. Repeals the provision that allows electors under the "Water Conservancy Act" to be eligible to be a director and an elector for irrigation districts.

APPROVED by Governor March 5, 2002        
EFFECTIVE March 5, 2002

S.B. 02-68 Water conservation board - members - compensation - per diem - appropriation. Gives the appointed members of the Colorado water conservation board not otherwise in full-time employment of the state a per diem allowance of $50 for each day actually and necessarily spent in the discharge of official duties.

        Appropriates $10,800 from the Colorado water conservation board construction fund to the department of natural resources, water conservation board, for the implementation of this act.

APPROVED by Governor June 1, 2002        
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 02-156 Water conservation board - acquisition of water rights - instream flow program. Allows the water conservation board to acquire water rights, including by donation, in such amounts as the board deems appropriate for the instream flow program to improve the natural environment to a reasonable degree. Prohibits the board from using the construction fund for such acquisitions.

APPROVED by Governor May 21, 2002        
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 02-1024 Water resources legislative review committee. Changes the name of the general assembly's water resources legislation review committee to the water resources review committee and makes the committee a permanent committee that meets during the interim between sessions of the general assembly. Adjusts the committee's bill deadline and increases the number of meetings that the committee may hold. Adjusts the committee's western slope representation. Specifies that the committee may take up to 2 field trips per year. Repeals the committee's authority to report bills on July 1, 2003.

APPROVED by Governor June 3, 2002        
EFFECTIVE June 3, 2002

H.B. 02-1118 Water - water resources and power development authority - project eligibility lists - funding - transfers. Changes the definition of "small water resources project" to comprise any governmental agency water management or hydroelectric facility for which the amount of financing provided by the Colorado water resources and power development authority (authority) to any participating governmental agency does not exceed $100 million.

        Amends the definition of "water management facilities" to include sewerage facilities.

        Allows either the board of health or the water quality control commission to add emergency projects to the water pollution control project eligibility list at any time if it determines that the project is needed to prevent or address threats to the public health or environment. Requires the authority to provide the general assembly, no later than January 15 of each year, with a listing of all emergency projects on which water pollution control revolving fund moneys have been expended in the preceding calendar year.

        Allows the authority, with approval of the governor, to transfer moneys between the water pollution control revolving fund and the drinking water revolving fund if allowed by applicable federal law and agreements between the state and the United States.

        Repeals the authority's ability to request legislative funding for debt service reserve funds established to secure the payment of authority bonds.

APPROVED by Governor March 22, 2002        
EFFECTIVE March 22, 2002

H.B. 02-1152 Water conservation board - project lists - appropriations. Authorizes the expenditure of moneys in the Colorado water conservation board (CWCB) construction fund (fund) and the severance tax trust fund perpetual base account (base account) for certain enumerated water projects. Deauthorizes the Ridges Basin dam of the Animas-La Plata project and specifies that remaining moneys revert to the fund. Changes the amounts authorized for certain projects in previous years.

        Appropriates moneys from the fund for data collection, satellite monitoring system maintenance, Closed Basin well rehabilitation, certain listed studies, the South Platte River decision support system, the statewide drainage criteria manual, flood plain mapping, document imaging, the emergency infrastructure repair cash fund, the flood response fund, the Colorado river recovery program loan fund, the establishment of a water education foundation, the Mexican international water compact, fish and wildlife resources, and capital outlays and leased space. Creates the emergency infrastructure repair cash fund and fish and wildlife resources fund.

        Amends appropriations in previous fund acts. Repeals the small project loan fund and the Horse Creek basin account in the fund and transfers the unreserved balances to the fund. Continuously appropriates otherwise unappropriated moneys in the fund and the base account to the CWCB to make loans of up to $1 million. Repeals the prohibition on projects sponsors' incurring final project design costs pending the sponsors' compliance with all CWCB procedural requirements.

APPROVED by Governor May 23, 2002        
EFFECTIVE May 23, 2002

H.B. 02-1414 Limited substitute water supply plans - approval - continued authority of state engineer - appropriation. Declares that prior to January 1, 2002, substitute water supply plans had come into common usage and thus it is desirable to grant some additional authority to the state engineer to approve substitute water supply plans.

        Establishes a process for the state engineer to approve limited substitute water supply plans involving out-of-priority diversions.

        Allows the state engineer to approve the renewal of a substitute water supply plan if such plan was approved by the state engineer prior to January 1, 2002, and the terms of the renewal are similar to the terms of the initial substitute plan. Prohibits the renewal of such plan to extend past December 31, 2002.

        Authorizes the state engineer to approve the temporary operation of a limited substitute water supply plan if an application for approval of augmentation has been filed with the water court and the following conditions have been met:

        Allows the state engineer to approve a limited substitute water supply plan involving out-of-priority depletions if no application for approval is filed in water court, the depletions will not exceed 5 years, and the following conditions are met:

        Requires the state engineer to serve a copy of any approval or denial of a limited substitute water supply plan on all parties after the decision. Requires the state engineer to establish a substitute water supply plan notification list for each water division.

        Authorizes the state engineer to approve a limited substitute water supply plan for up to 90 days to address an emergency situation.

        Requires applicants to pay a $300 fee for review of a plan by the state engineer. Requires the fees to be deposited in the ground water management cash fund.

        Creates exceptions for the application of the limited substitute water supply plan process.

        Appropriates $48,000 from the ground water management cash fund for the fiscal year beginning July 1, 2002, for the implementation of this act.

APPROVED by Governor May 23, 2002        
EFFECTIVE May 23, 2002

 

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


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