C.R.S. Section 37-60-106.3
State water plan

  • legislative declaration
  • grant program

(1)

State water plan.
The board shall adopt and update, as warranted, a state water plan. In exercising its authority pursuant to this section, executive order D2013-005, or any analogous successor order directing the board to adopt or amend a state or Colorado water plan, the board shall comply with all requirements of this section.

(2)

Legislative declaration.
Because the constitution vests all legislative power of the state in the general assembly, the general assembly:

(a)

Finds that the primary purpose of a state water plan is to determine state policy regarding the optimal conservation and development of Colorado’s water resources;

(b)

Determines that the general assembly is primarily responsible for guiding the development of state water policy; and

(c)

Declares that enactment of this section is necessary to protect the interests of the public in the state’s water resources and that in enacting this section, the general assembly intends to engage the people of the state in a public dialogue regarding optimum state water policy; affirm its delegation of policy-making authority to the board, subject to direction by the general assembly; and not interfere with, but instead to promote the policies, processes, basin roundtable plans, and interbasin compact negotiations conducted pursuant to the “Colorado Water for the 21st Century Act”, article 75 of this title 37, and the interbasin compact charter as approved by the general assembly acting by bill as specified in section 37-75-105 (2).

(3)

Development of plan.
In exercising its authority pursuant to this section, the board shall:

(a)

Develop the state water plan with the involvement of the public and the basin roundtables, as created in section 37-75-104 (3)(b), and provide opportunities for public comment before adopting any final or significantly amended plan; and

(b)

Notify the water resources and agriculture review committee created in section 37-98-102 of any proposed significant amendments to the plan, as determined by the board, by June 1 of any year in which the amendment is proposed to be adopted; present the proposed amendment to the committee by August 1 of that year; and consider the committee’s feedback submitted pursuant to section 37-98-103 (6)(c) by November 1 of that year.

(4)

Legislation.
By November 1 of each year following the submission to the water resources and agriculture review committee of a state water plan or amendment pursuant to this section, any member of the general assembly may make a request in writing to the chairperson of the water resources and agriculture review committee that the committee hold one or more hearings to review the plan or amendment as submitted to the water resources and agriculture review committee. Upon receipt of the request, and notwithstanding the provisions on meetings set forth in section 37-98-102 (1)(a)(I), the chairperson of the committee shall promptly schedule a hearing to conduct the review and provide adequate notice to the public and the board. The committee, after holding a public hearing, may recommend the introduction of a bill or bills based on the results of the review. A bill recommended by the committee for consideration under this subsection (4) does not count against the number of bills to which either the committee or the members of the general assembly are limited by law or joint rule of the senate and the house of representatives.

(5)

Policy.
A state water plan, whether or not the subject of a bill introduced pursuant to subsection (4) of this section, is only a policy, is not a rule, and does not have the force or effect of law.

(6)

Water plan implementation grant program.
The board may approve grants pursuant to the following requirements:

(a)

Eligible applicants are limited to:

(I)

Governmental entities, including covered entities, as defined in section 37-60-126 (1)(b), if the covered entity has adopted an approved water conservation plan; municipalities; districts; enterprises; counties; cities and counties; and state agencies; and

(II)

Private entities, including mutual ditch companies, nonprofit corporations, and partnerships.

(b)

Eligible projects are limited to:

(I)

Water storage and supply projects, including projects that facilitate the development of additional storage, artificial recharge into aquifers, dredging existing reservoirs to restore the reservoirs’ full decreed storage capacity, multi-beneficial use projects, and those projects identified in basin implementation plans to address the water supply and demand gap;

(II)

Conservation and land use projects, including activities that implement long-term strategies for water conservation, land use, and drought planning;

(III)

Engagement and innovation activities, including activities that support water education, outreach, and innovation efforts;

(IV)

Agricultural projects, including projects that provide technical assistance or improve agricultural water efficiency; and

(V)

Environmental and recreation projects, including projects that promote watershed health, environmental health, and recreation.

(c)

The board shall establish criteria that require matching funds of at least twenty-five percent; except that the board may award grants in 2021 and 2022 with reduced matching fund requirements.

(d)

The board shall evaluate each eligible project grant application based on the following criteria:

(I)

Conformity with the criteria for state support specified in section 9.4 of the state water plan, entitled “Framework for a More Efficient Permitting Process”, as amended;

(II)

Alignment with the applicable basin implementation plan;

(III)

The impact of the proposed project, with preference given to projects that have multiple benefits and multiple purposes and involve multiple stakeholders; and

(IV)

The anticipated project start date.

Source: Section 37-60-106.3 — State water plan - legislative declaration - grant program, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-37.­pdf (accessed Oct. 20, 2023).

37‑60‑101
Definitions 37‑60‑102
Colorado water conservation board - creation 37‑60‑103
Organization 37‑60‑104
Personnel 37‑60‑105
Employment of temporary personnel 37‑60‑106
Duties of the board - legislative declaration 37‑60‑106.3
State water plan - legislative declaration - grant program 37‑60‑107
Meetings - notice 37‑60‑108
Seal - rules and regulations 37‑60‑109
Commissioner 37‑60‑110
Authority of commissioners under prior laws 37‑60‑111
Compensation of members - director - employees 37‑60‑112
Warrants for salaries and expenses 37‑60‑113
Board to cooperate with attorney general 37‑60‑114
Attorney general as legal advisor 37‑60‑115
Water studies - rules - reports - definitions - repeal 37‑60‑116
Reports 37‑60‑117
Reports and publications 37‑60‑118
Assent to water resources planning act 37‑60‑119
Construction of water and power facilities - contracts with and charges against users 37‑60‑120
Control of projects - contractual powers of board 37‑60‑120.1
Chatfield reservoir reallocation project - authority - repeal 37‑60‑120.2
Animas-La Plata project - authority - repeal 37‑60‑121
Colorado water conservation board construction fund - creation - nature of fund - funds for investigations - contributions - use for augmenting the general fund - funds created - rules - repeal 37‑60‑121.1
Reserved rights litigation fund 37‑60‑121.5
Loan guarantee fund - creation 37‑60‑122
General assembly approval 37‑60‑122.2
Fish and wildlife resources - legislative declaration - fund - authorization 37‑60‑122.3
Wild and scenic rivers fund - created 37‑60‑122.5
Emergency dam repair cash fund 37‑60‑122.7
Feasibility study small grant fund - creation 37‑60‑122.8
Publications fund 37‑60‑122.9
Colorado river recovery program loan fund - creation 37‑60‑123.1
Loan foreclosure fund - created 37‑60‑123.2
Flood and drought response fund - created 37‑60‑123.3
Water plan implementation cash fund - created - water plan implementation account - created - legislative declaration - reporting - repeal 37‑60‑123.5
Agricultural emergency drought response 37‑60‑123.7
Acquisitions of water for instream flows 37‑60‑124
Office of water conservation and drought planning - creation - powers and duties 37‑60‑124.4
Stream gauge fund - created 37‑60‑125
Authorizations for expenditures from Colorado water conservation board construction fund for demonstration of benefits of water efficiency 37‑60‑126
Water conservation and drought mitigation planning - programs - relationship to state assistance for water facilities - guidelines - water efficiency grant program - definitions - repeal 37‑60‑126.5
Drought mitigation planning - programs - relationship to state assistance 37‑60‑127
Applicability of provisions requiring funding by political subdivisions of the state 37‑60‑129
Availability of funds 37‑60‑130
Well augmentation loans 37‑60‑133
Minimum criteria and guidelines for agricultural water protection programs 37‑60‑134
Groundwater compact compliance and sustainability fund - creation - conservation district recommendations for expenditures - state engineer approval - legislative declaration - transfer - definitions - reports - notice to revisor of statutes - repeal 37‑60‑135
State turf replacement program - creation - administration - turf replacement fund - creation - legislative declaration - definitions
Green check means up to date. Up to date

Current through Fall 2024

§ 37-60-106.3’s source at colorado​.gov