Digest of Bills - 2005

WATER AND IRRIGATION

S.B. 05-11 Federal funds - project eligibility lists - approval - intended use plan repeal. Clarifies the definition of "water pollution control project eligibility list". Approves listed proposed wastewater treatment system, stormwater, and nonpoint source pollution reduction projects as additions, modifications, or deletions to the water pollution control project eligibility list. Approves listed proposed drinking water projects as additions or modifications to or deletions from the drinking water project eligibility list. Repeals statutory requirements for the intended use plans developed in connection with the 2 lists.

APPROVED by Governor March 23, 2005
EFFECTIVE March 23, 2005

S.B. 05-33 Federal funds - project eligibility lists - approval. Requires additions or modifications to the project eligibility lists for the water pollution control revolving fund and the drinking water revolving fund to be approved by joint resolution to be presented to the governor by April 1.

APPROVED by Governor April 14, 2005
EFFECTIVE January 1, 2006

S.B. 05-84 Colorado water conservation board construction fund - projects authorization - appropriation. Authorizes the expenditure of moneys from the Colorado water conservation board construction fund (fund) and the severance tax trust fund perpetual base account for certain enumerated water projects. Changes the amounts authorized for certain projects in previous years.

            Appropriates moneys from the fund for the following:

                      Satellite monitoring and data collection;

                      Satellite monitoring system maintenance;

                      In-stream flow engineering support services;

                      Continuation of the South Platte decision support system;

                      Continuation of the document imaging system and integrated water information center;

                      Continuation of the Colorado floodplain map modernization;

                      Continuation of the weather modification program;

                      Enhanced snowpack assessment program;

                      Continuation of the flood hazard mitigation program;

                      Floodplain technical services;

                      Republican river water conservation district operations;

                      Oak creek reservoir feasibility study;

                      Arkansas valley drainage study;

                      Continuation of the statewide water supply initiative; and

                      Conservation reserve enhancement program.

            Restores the balance in the flood response fund to $150,000.

APPROVED by Governor June 1, 2005
EFFECTIVE June 1, 2005

S.B. 05-133 Loans of water right - retention of water right. Specifies that participation by a water right or a portion of a water right in an approved water conservation program, a land fallowing, or a water banking program overcomes the presumption of abandonment of that water right.

APPROVED by Governor April 14, 2005
EFFECTIVE April 14, 2005

S.B. 05-161 Ground water - regulation of wells - examination for private driller. Eliminates the requirement that a private driller and a private pump installer must take and pass an examination prior to installing a well on the private driller's or private pump installer's property entirely for the private driller's or private pump installer's own use.

APPROVED by Governor April 6, 2005
EFFECTIVE April 6, 2005

H.B. 05-1039 Water rights - instream flows - loans - limitations. Deletes the limitation that loans of water rights to the Colorado water conservation board for instream flow purposes may be made only when the governor declares an emergency. Allows the loans to operate for no more than 3 years out of 10. Allows a second 10-year period if the loan was not exercised during the initial 10-year period.

APPROVED by Governor March 25, 2005
EFFECTIVE August 8, 2005
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 05-1070 Conservation - invalidation of restrictive covenants - public landscaping irrigation restriction - use of construction fund. Invalidates restrictive covenants that prohibit or limit the use of xeriscape landscaping or that require cultivated vegetation to include turf grass. Prohibits landscape irrigation at public facilities between the hours of 10 a.m. and 6 p.m. when feasible. Authorizes the Colorado water conservation board construction fund to be used for conservation projects.

VETOED by Governor May 31, 2005

H.B. 05-1156 Water rights - adjudication - notice - water resume. Allows rulings by the referee to be sent by regular or electronic mail rather than certified or registered mail. Effective January 1, 2006: Directs the water clerk to make the resume of water adjudication applications available on the internet rather than to mail the resumes unless the referee has reason to believe a person would be affected by the application, in which case the referee or the water clerk is directed to send a copy of the resume by mail or electronic mail to such person; directs the water clerk to provide a paper copy of the resume to a person upon payment of a fee; requires newspapers in which the water clerk determines the resume should be published to bill the applicants for publication costs rather than the water clerk; and requires applicants, rather than the water clerk, to notify potentially affected landowners of the application.

APPROVED by Governor April 5, 2005
PORTIONS EFFECTIVE April 5, 2005
PORTIONS EFFECTIVE January 1, 2006

H.B. 05-1177 Interbasin compacts - basin roundtables - compact committee - director of negotiations - appropriation. Creates and specifies membership qualifications for basin roundtables in each of the 7 water divisions, the North Platte roundtable, and the Denver metropolitan area roundtable. Authorizes each roundtable to adopt by-laws, develop a water needs and supply analysis for its basin, and select 2 representatives to serve on the interbasin compact committee ("committee"). Authorizes the governor to appoint 6 committee members, including one director of compact negotiations. Specifies qualifications for the governor's appointments to the committee. Authorizes the director of compact negotiations to oversee the expenditure of moneys appropriated pursuant to the act. Requires the committee to adopt and refer to the general assembly for approval by bill a charter to govern interbasin compact negotiations. Requires the charter to specify the means for making interbasin compacts, negotiated between basins by the basin roundtables, legally binding. Requires the committee to establish and oversee a public education and outreach process and to annually report to the general assembly on the status of interbasin compact negotiations.

            Appropriates $247,044 from the operational account of the severance tax trust fund to the department of natural resources for allocation to the Colorado water conservation board for the implementation of the act.

APPROVED by Governor June 7, 2005
EFFECTIVE June 7, 2005

H.B. 05-1254 Water efficiency grant program - creation - duration - eligibility for grant awards - funds from severance tax trust fund operational account reserve - appropriation. Establishes a water efficiency grant program (grant program) to provide funding over a 3-year period to aid in achieving the water efficiency goals outlined in locally adopted water conservation plans and in promoting the benefits of water efficiency. Creates the water efficiency grant program cash fund (cash fund) and requires the state treasurer to transfer $1,580,000 from the operational account reserve in the severance tax trust fund to the cash fund on July 1, 2005.

            Requires the general assembly to annually appropriate up to $500,000 from the cash fund in the 2005-06, 2006-07, and 2007-08 fiscal years to the Colorado water conservation board (board) for distribution of grants pursuant to the grant program. If less than $500,000 is appropriated in the 2005-06 or 2006-07 fiscal year, the difference between $500,000 and the actual amount appropriated or expended in that fiscal year is to be available for appropriation and expenditure in the next fiscal year. Also requires the general assembly to appropriate not more than $80,000 over the 3-year period of the grant program to the board to cover its administration costs.

            Limits grants to applicants who supply, distribute, or otherwise provide water at retail to customers or who establish outreach or education programs to demonstrate the benefits of water efficiency.

            Requires the board to establish guidelines for the grant program if no other applicable guidelines exist, and specifies that the guidelines are to include deadlines and procedures for applicants to follow and criteria for prioritizing and awarding grants. Repeals the grant program on July 1, 2008.

            Appropriates $544,147 to the Colorado water conservation board for implementation of this act.

APPROVED by Governor June 7, 2005
EFFECTIVE June 7, 2005

 

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.