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<br />e <br /> <br />e <br /> <br />Option B - A direct loan authorization to LA WMA with language similar to SB 96-124 <br /> <br />SECTION _' Lower Arkansas water management association loan - appropriation. <br />(1) Pursuant to section 37-60-122 (1) (b), Colorado Revised Statutes, the Colorado water <br />conservation board is hereby authorized to expend up to two million two hundred fifty <br />dollars ($2,250,000) from the Colorado water conservation board construction fund for the <br />purpose of making loans to the Lower Arkansas water management association to purchase <br />augmentation water, or the rights to such water, to replace out of priority depletions to <br />surface water rights and prevent material depletions of usable state line flows in violation of <br />the Arkansas river compact. <br />(2) Contracts entered into by the Colorado water conservation board pursuant to <br />section 37-60-119 (2), Colorado Revised Statutes, for loans specified in subsection (1) of this <br />section shall be subject to an interest rate and repayment period to be determined solely by <br />the Colorado water conservation board. Pursuant to section 37-60-120 (1), Colorado Revised <br />Statutes, the board shall require such terms and conditions in such contracts as will ensure <br />repayment of funds made available by it. The board shall not disburse any moneys for any <br />loan authorized by subsection (1) of this section unless and until it is satisfied, in its sole <br />discretion, that the recipient of any such loan will be able to make repayment pursuant to the <br />terms and conditions established by the board and subsection (3) of this section. <br />(3) The board shall approve or deny the loan in subsection (1) of this section based <br />upon criteria including but not limited to whether: <br />( a) The source of augmentation water is from a reliable, permanent supply; <br />( b) The applicant has adequate security or collateral to assure repayment; <br />( c) The applicant is able to show the ability to collect payments for the augmented <br />water from its members; <br />( d) The loan will assist in maintaining the agricultural viability of the Arkansas river <br />valley; <br />