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<br />facility, shall consider any water use cfficiency CONSERVATION plan filed <br />pursuant to paragraph (a) of this subsection (9) SECTION in determining <br />whether to render fffiancial assistance to such entity. Such consideration <br />shall be carried out within the discretion accorded the board and the <br />Colorado water resources and power development authority pursuant to <br />which such board and authority render such fInancial assistance to such <br />covered entity. <br /> <br />(c) The board and the Colorado water resources and power <br />development authority may enter into a memorandum of understanding with <br />each other for the purposes of avoiding delay in the processing of <br />applications for fmancial assistance covered by this section and avoiding <br />. duplication in the consideration required by pat agraph (b) of this subsection <br />(9). <br /> <br />- <br /> <br />(10) Repealed. <br /> <br />(11) (a) On and aftcI ApIi125, 2003, Any new restrictive covenant <br />that prohibits or limits the installation or use of drought-tolerant vegetative <br />landscapes is prohibited. <br /> <br />(b) As used in this subsection ( 11), "restrictive covenant" means any <br />covenant, restriction, or condition applicable to real property for the <br />purpose of controlling land use, but does not include any covenant, <br />restriction, or condition imposed on such real property by any governmental <br />entity. <br /> <br />SECTION 4. Article 60 of title 37, Colorado Revised Statutes, is <br />amended BY THE ADDITION OF A NEW SECTION to read: <br /> <br />37-60-126.5. Drought mitigation planning - programs - <br />relationship to state assistance. (1) As USED IN THIS SECTION, UNLESS THE <br />CONTEXT OTHERWISE REQUIRES, "DROUGHT MITIGATION" MEANS THE <br />PLANNING AND IMPLEMENTATION OF ACTIONS AND PROGRAMS USED IN <br />PERIODS OF UNUSUAL WATER SCARCITY, WITH A COMBINATION OF ACTIONS <br />AND PROGRAMS TAKEN BEFORE A DROUGHT TO REDUCE THE OCCURRENCE <br />AND SEVERITY OFW ATER SUPPLY SHORTAGES, AND ACTIONS AND PROGRAMS <br />TAKEN DURING A DROUGHT TO MANAGE WATER SUPPLIES AND WATER <br />DEMAND APPROPRIATELY. <br /> <br />PAGE 9-HOUSE BILL 04-1365 <br />