LEG00276

• Bill Number: HB04-1365
• Year: 2004
• Title: Concerning water conservation by water providers
• Legislation - Doc Type: Other CWCB Related Bills - Passed

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OPERATIONAL ACCOUNT OF THE SEVERANCE TAX TRUST FUND DESIGNATED
FOR USE BY THE BOARD FOR THE PURPOSE OF THE OFFICE PROVIDING
ASSISTANCE TO COVERED ENTITIES TO DEVELOP WATER CONSERVATION
PLANS THAT MEET THE PROVISIONS OF THIS SECTION.

(7) BY JULY I, 2005, THE BOARD SHALL ADOPT GUIDELINES FOR THE
OFFICE TO REVIEW WATER CONSER V A TION PLANS SUBMITTED BY COVERED
ENTITIES. THE GUIDELINES SHALL DEFINE THE METHOD FOR SUBMITTING
PLANS TO THE OFFICE, HOW THE OFFICE WILL PRIORITIZE THE DISTRIBUTION
OF MONEYS, AND THE INTEREST RATE SURCHARGE PROVIDED FOR IN
PARAGRAPH (d) OF SUBSECTION (9) OF THIS SECTION.

(8) A covered entity may at any time adopt changes to the AN
APPROVED plan IN ACCORDANCE WITH THIS SECTION AFTER NOTIFYING AND
RECEIVING CONCURRENCE FROM THE OFFICE. If the proposed changes are
major, the covered entity shall give public notice of the changes, make the
changes available in draft form, and provide the public an opportunity to
comment on such changes before adopting them IN ACCORDANCE WITH
SUBSECTION (5) OF THIS SECTION.

(9) (a) After fi~e years following looe 4, 1991, Neither the board
nor the Colorado water resources and power development authority shall
acccpt an application from RELEASE LOAN PROCEEDS TO a covered entity for
financial assistanec in the construction of any watt! di'\lcIsion, storage,
conveyance, wateI treatment, or wastcwateI tIeatrnent facili~ unless such
covered entity includes PROVIDES a copy of the water use efficiency
CONSERVATION plan adopted pursuant to this section; and a copy of other
StIch plans, if any, otherwise adopted by the eOvcred entity. EXCEPT THAT
THE BOARD OR THE AUTHORITY MAY RELEASE SUCH LOAN PROCEEDS IF THE
BOARD OR THE AUTHORITY, AS APPLICABLE, DETERMINES THAT AN
UNFORSEEN EMERGENCY EXISTS IN RELATION TO THE COVERED ENTITY'S
LOAN APPLICATION, IN WHICH CASE THE BOARD OR THE AUTHORITY, AS
APPLICABLE, MAY IMPOSE A LOAN SURCHARGE UPON THE COVERED ENTITY
THAT MAY BE REBATED OR REDUCED IF THE COVERED ENTITY SUBMITS AND
ADOPTS A PLAN IN COMPLIANCE WITH THIS SECTION IN A TIMELY MANNER AS
DETERMINED BY THE BOARD OR THE AUTHORITY, AS APPLICABLE.

(b) Mter fivc years fromJnne 4, 1991, The board and the Colorado
water resources and power development authority, to which any covered
entity has applied for fmancial assistance for the construction of a water
diversion, storage, conveyance, water treatment, or wastewater treatment

PAGE 8-HOUSE BILL 04-1365