C.R.S. Section 37-60-130
Well augmentation loans

(1)(Deleted by amendment, L. 2004, p. 884, § 16, effective May 21, 2004.)(2) The board is hereby authorized to make loans from unreserved cash in the Colorado water conservation board construction fund to organizations or entities for the purchase of augmentation water or the rights to such water to replace out-of-priority depletions to surface water rights and to prevent material depletions of stateline flows that might result in violation of compacts or interstate decrees.

(3)

The board shall approve or deny applications for loans based upon criteria including, but not limited to, whether the:

(a)

Source of augmentation water is from a reliable, permanent supply;

(b)

Applicant has adequate security or collateral to assure repayment;

(c)

Applicant has the ability to repay the loan at an interest rate and over a period of time as set by the board;

(d)

Applicant is able to collect payments for the augmented water from its members;

(e)

Loan will serve the needs of a broad group of users rather than a specific user;

(f)

Loan will assist in maintaining the agricultural viability of the area served;

(g)

Applicant obtains commitments from its members that any such member who fails to make payments in accordance with the loan agreement shall cease pumping water; and

(h)

Applicant obtains commitments from its members to comply with any rules or changes to rules as promulgated or amended by the state engineer that govern the measurement of groundwater withdrawals and the use of such groundwater.

(4)

Intentionally left blank —Ed.

(a)

The state engineer shall promptly and completely curtail the use of a well by the owner of such well if such owner has accepted the benefit of a well augmentation loan and fails to make a payment required pursuant to the terms of subsection (3) of this section.

(b)

This section shall apply regardless of whether the well owner accepts the benefit of the well augmentation loan directly or through membership in a participating association or organization.

(c)

Curtailment pursuant to this subsection (4) shall remain in effect for as long as any payment remains past due.

Source: Section 37-60-130 — Well augmentation loans, 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

§ 37-60-130’s source at colorado​.gov