C.R.S. Section 37-95-107
Feasibility studies

  • repayment of costs
(1)(a)(I) Before any proposed project can receive consideration for construction funding by the authority, the Colorado water conservation board must first review the feasibility study of any such proposed project, and the general assembly must authorize the authority to proceed to consider the construction of any proposed project.

(II)

Intentionally left blank —Ed.

(A)

Upon receipt of a feasibility study by the Colorado water conservation board, said board shall review such study and forward the study to the general assembly together with its recommendation as to whether or not the proposed project should be authorized by the general assembly.

(B)

Upon receipt of a feasibility study from the Colorado water conservation board, the general assembly may authorize the authority, by means of a joint resolution signed by the governor, to proceed with the consideration of any project that the general assembly deems to be in the interests of and to the advantage of the people of this state. However, such joint resolution shall in no way require or compel the authority to fund or in any way finance and proceed with the development, acquisition, construction, reconstruction, enlargement, extension, improvement, furnishing, equipping, maintenance, repair, management, operation, or disposition of, or participation in any proposed project. A decision to proceed, when made subsequent to such joint resolution, shall be entirely within the discretion of the authority.

(C)

Should the authority choose to proceed with a project, then the authority shall make, or cause to be made, the necessary final designs and specifications for such project; except that the final project location, operation, and purposes must be in substantial compliance with the feasibility study for a project that was reviewed by the Colorado water conservation board. The authority shall also develop and implement detailed plans for the financing of projects with which it chooses to proceed. The terms and conditions of such financing shall be at the sole discretion of the authority.

(III)

The provisions of this subsection (1) shall not apply to any small water resources project; except that, in the case of any small water resources project that consists of or includes raw water diversion or storage facilities, the board shall promptly forward a copy of the project loan application to the Colorado water conservation board for informational purposes.

(b)

The state engineer shall not issue a permit or license or approve plans, pursuant to any law or rule governing such actions, for construction of any water management facility or hydroelectric power facility for which the authority has paid in whole or in part for a feasibility study or an environmental assessment or environmental impact study without a written resolution or written statement by the authority notifying the state engineer that the applicant has reimbursed the authority for its expenditures for the conduct of such studies.

(2)

If the Colorado water conservation board enters into a contract for the performance of a feasibility study for a proposed raw water project with a governmental agency and incurs expenses in performing such feasibility study, then the authority shall provide for the reimbursement of such expenses out of its financing contract with the governmental agency for such project prior to the start of construction only when:

(a)

The Colorado water conservation board’s contract with the governmental agency sponsoring the project unconditionally requires the repayment of all of the expenses associated with the feasibility study prior to the start of construction, regardless of the funding source for such construction; and

(b)

Such governmental agency obtains financing from the authority.

(3)

The reimbursement obligation of the authority pursuant to subsection (2) of this section shall not apply:

(a)

To the expenses of any feasibility study commenced or initiated by the Colorado water conservation board prior to June 5, 2003;

(b)

To the expenses of any full or partial stream-wide, basin-wide, or statewide feasibility study that is not focused on a single discrete raw water supply project;

(c)

To the expenses of any feasibility study identified and authorized or directed by law to be performed by the Colorado water conservation board without a contract with another governmental agency for such study;

(d)

To the study of any domestic water supply project;

(e)

If the Colorado water conservation board waives the obligation of the governmental agency to make such repayment or if the Colorado water conservation board releases, in whole or in part, such governmental agency from its obligation to make such repayment; and

(f)

If otherwise agreed to by the authority and the Colorado water conservation board in an agreement entered into pursuant to section 37-60-106 (1)(t).

Source: Section 37-95-107 — Feasibility studies - repayment of costs, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-37.­pdf (accessed Oct. 20, 2023).

37‑95‑101
Short title 37‑95‑102
Legislative declaration 37‑95‑103
Definitions 37‑95‑104
Establishment of authority - board of directors - removal - organization - compensation - dissolution 37‑95‑105
Records and meetings of board - disclosure of interests required 37‑95‑106
Authority - powers 37‑95‑107
Feasibility studies - repayment of costs 37‑95‑107.5
Legislative declaration - specific project authorizations 37‑95‑107.6
Creation and administration of water pollution control revolving fund 37‑95‑107.8
Creation and administration of drinking water revolving fund 37‑95‑108
Acquisition and disposition of property - change of location of highways, railroad, or public utilities - regulation of public utility facilities on a project 37‑95‑109
Bonds or notes - issuance - terms 37‑95‑110
Power to make covenants to secure payment 37‑95‑111
Pledge of revenues, moneys, funds, or other property - lien 37‑95‑112
Personal liability 37‑95‑112.5
Watershed protection and forest health projects - definition - repeal 37‑95‑113
Debt service reserve funds for watershed protection projects and forest health projects 37‑95‑114
Guarantee by state not to limit or alter rights or powers vested in authority 37‑95‑115
Exemption of bonds from taxation 37‑95‑116
Annual report - annual audit - annual budget 37‑95‑117
Services by state officers, departments, boards, agencies, divisions, and commissions 37‑95‑118
Bonds eligible for investment 37‑95‑119
Charges for use of service of projects 37‑95‑120
Agreements with governmental agencies or persons 37‑95‑121
Effect on inconsistent acts and rules and regulations adopted thereunder 37‑95‑122
Severability 37‑95‑123
Construction of article
Green check means up to date. Up to date

Current through Fall 2024

§ 37-95-107’s source at colorado​.gov