C.R.S. Section 37-60-120.1
Chatfield reservoir reallocation project

  • authority
  • repeal

(1)

In order to promote the general welfare and safety of the citizens of this state and utilize reallocated storage space available in the federal flood control project known as Chatfield reservoir, the board has undertaken the Chatfield reservoir reallocation project, referred to in this section as the “project”, in coordination and cooperation with a local coalition and with participants who have executed letters of commitment with the board. The implementation of the project will result in benefits to South Platte river water users and the downstream environment without adversely impacting other river basins. The implementation of the project will require the board to contract with the United States Army corps of engineers, referred to in this section as the “corps”, to hold and allocate storage space in the reservoir and to undertake substantial activities related to the mitigation of environmental and recreation impacts caused by the increase in reservoir water levels.

(2)

The board is hereby authorized to act as an agent of the project parties to implement this section. Through an agency fund the board may collect and disburse money from any entity to implement the project and to meet the obligations contained in an intergovernmental agreement, project partnership agreement, or other contract, referred to in this section as an “agreement”, with the corps or other entity that is required to implement the project. Notwithstanding any other law, including section 24-30-1303, C.R.S., the board and the department of natural resources acting through its agencies shall have the authority to enter into any agreement with the corps or other entities, including consultants and contractors, that in the board’s discretion is necessary to implement the project; however, sufficient funds shall have been made available to the board for such purposes. The authority granted by this subsection (2) includes: The ability to hold storage space in the reservoir; to contract with, and allocate storage to, local entities who will utilize the reservoir storage space; to undertake mitigation and long-term operation and maintenance of the project; to receive and expend proceeds received from the sale or lease of reservoir storage space and from any other activities that effectuate the purpose of the acquired project storage space; to pay the costs of storage or other necessary expenses; and to otherwise implement the project. The board has the express authority, in equitable partnership with the participants, to undertake such action as is necessary, including the award of contracts to public and private entities, to undertake mitigation construction and long-term operation and maintenance and related activities; to lease, sublease, or assign storage space rights; and to otherwise effectuate the storage of water in the reservoir. The state treasurer shall credit all proceeds received under this section and the interest earned from investments of those proceeds to the Colorado water conservation board construction fund created in section 37-60-121 (1)(a), and all such moneys are continuously appropriated and remain available for the designated purposes until they are fully expended. In the event of a conflict between the application of state or federal law or rules, including chapter 3 of the state fiscal rules in existence as of May 29, 2008, federal laws and rules shall apply.

(3)

This section is repealed, effective at the end of the project. Such repeal shall not affect the validity of any action taken pursuant to this section. The director of the board shall, in writing, promptly notify the state treasurer and the revisor of statutes when the project is completed.

Source: Section 37-60-120.1 — Chatfield reservoir reallocation project - authority - repeal, 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

§ 37-60-120.1’s source at colorado​.gov