CHAPTER 81

_______________

WATER AND IRRIGATION

_______________

SENATE BILL 05-033 [Digest]

BY SENATOR(S) Entz, Dyer, Evans, Gordon, Groff, Kester, Tapia, Taylor, Teck, Tochtrop, and Wiens;

also REPRESENTATIVE(S) Curry, Berens, Hoppe, Massey, and Penry.

AN ACT

Concerning legislative approval of certain water project eligibility lists by joint resolution signed by the governor.

Be it enacted by the General Assembly of the State of Colorado:

  SECTION 1.  37-95-107.6 (4) (b), Colorado Revised Statutes, is amended to read:

  37-95-107.6.  Creation and administration of water pollution control revolving fund. (4) (b)  Additions or modifications to the project eligibility list that have been developed by the water quality control commission shall be submitted to the general assembly on or before January 15 of each year. The additions and modifications shall be in conformance with applicable provisions of the clean water act and state law. On or before April 1 of each year, the additions or modifications shall be approved by a joint resolution signed by the governor except that the deadline for the governor's approval in 2004 shall be May 1, 2004. Effective January 1, 2005, and in succeeding years, the additions or modifications shall be approved by a bill enacted prior to April 1. presented to the governor in accordance with section 39 of article V of the state constitution.

  SECTION 2.  37-95-107.8 (4) (b), Colorado Revised Statutes, is amended to read:

  37-95-107.8.  Creation and administration of drinking water revolving fund. (4) (b)  Additions or modifications to the drinking water project eligibility list shall be developed by the state board of health and shall be submitted to the general assembly on or before January 15 of each year. The additions or modifications shall conform to applicable provisions of the safe drinking water act and state law. On or before April 1 of each year, the additions or modifications shall be adopted by the passage of a joint resolution that is approved by a majority vote of both houses of the general assembly and that is approved by presented to the governor in accordance with section 39 of article V of the state constitution. except that the deadline for the governor's approval in 2004 shall be May 1, 2004. Effective January 1, 2005, and in succeeding years, the additions or modifications shall be approved by a bill enacted prior to April 1.

  SECTION 3.  Effective date. (1)  This act shall take effect January 1, 2006.

  (2)  However, if a referendum petition is filed against this act or an item, section, or part of this act during the 90-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, then the act, item, section, or part, shall not take effect unless approved by the people at a biennial regular general election and shall take effect on the date specified in subsection (1) or on the date of the official declaration of the vote thereon by proclamation of the governor, whichever is later.

Approved: April 14, 2005

----------

Capital letters indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and such material not part of act.

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.