22e ‎(2)‎

• Board Meeting Date: 11/18/2007
• Description: CF Section – Proposed Statute Revisions/Legislation within the 2008 Projects Bill - CWCB Water Ownership ‎(relative to Proposed Water Partnership Program Policy #18)‎
• Board Meetings - Doc Type: Memo

Using the Perpetual Base Account to help fund these projects will require a statute change to
allow non-reimbursable investments to be made from the Account. If grants could be made from
the Account, the Board would request that the General Assembly appropriate money for grants to
match loans from the Account to facilitate these projects. This would provide a combination of
non-reimbursable and loan financing to the sponsors of projects that fit within the CWCB's
Construction Fund non-reimbursable project guidelines and the proposed Policy #18.
However, if the Perpetual Base Account and the Construction Fund are merged, the legislative
authority I discussed about will not be necessary.
Regardless of how the financing is provided, the Board needs the authority to have an ownership
interest in the Water Partnership Project. This authority could be very broad or it could be
granted on a case-by-case within the specific Projects Bill that authorizes the funding for the
project.
Agenda item 22b, regarding the Chatfield Reallocation Project Contracting Requirements, is an
example of case-by-case authority.
I believe broad authority should be sought because it will provide an incentive to discuss the
Board's future role in water projects and to alert potential partners that we are serious about
working together to meet multiple needs.
Therefore, I am seeking the authority to propose a statutory change that would allow the CWCB
to clearly own water and, incidental to water ownership, have the power to own the facilities that
the water is stored or transported in.
This authority will also benefit the instream flow program, because while our authority to hold
water rights for instream flow purposes is express, our authority to own water in storage and
order releases for our instream flows is only implied.
Process
Some may view the Board's ownership of water and facilities as a radical departure from the
past. It will take time and an outreach effort to determine if water users, conservation groups,
legislators and others will support our efforts to implement Water Partnership Projects.
Therefore, I propose to:
1. Ensure I have Harris Sherman's support.
2. Ask for a meeting with the Colorado Water Congress's State Affairs Committee.
3. Discuss the idea with the Interbasin Compact Commission.
4. Engage the Basin Roundtables regarding specific project proposals.
5. Work closely with legislators, especially Rep. Curry and Sen. Isgar.
6. Ask the Water Resources Review Committee to examine the proposal in detail in 2008.
7. Rely on you for help and support.
Colorado Water Conservation Board
Flood Protection • Water Project Planning and Finance • Stream and Lake Protection
Water Supply Protection • Conservation and Drought Planning • Intrastate Water Planning