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

The water and land ownership authority I am seeking on your behalf is not needed immediately
and I do not think it should be included in the 2008 Projects Bill. However, I need your approval
to pursue this goal and to implement an outreach plan to facilitate our Water Partnership Project
goals. I would see this effort perhaps culminating next year at this time.
Legislative Proposal
Part 1: *SECTION 31. 37-XX-XXX Colorado Revised Statutes, is amended to read:
Water Partnership Projects: The Board will seek statutory authority with the result that:
1. With the approval of the appropriate local basin roundtable,
2. The Board shall have the authority to enter into cooperative agreements with any party
for the purpose of implementing a Water Partnership Project.
3. The board may acquire by gift, transfer, lease, purchase, or long-term operating
agreement land and water, or interests in land and water, as the director, deems necessary,
suitable or proper to implement a Water Partnership Project.
4. The land and water held by the board may be protected in district court.
5. The board shall have the power to lease, exchange, or sell its land and water.
6. The board shall have the power to construct, lease, or establish facilities utilizing its land
and water rights.
7. The board shall have the authority to operate and maintain its land, water and facilities.
8. The board may assess a fee for the use of its land and water. These fees and charges shall
be credited to the Construction Fund.
9. The board shall have the authority to enter into maintenance and operation agreements
and contracts.
10. The Board does not have the authority to acquire land and water using the power of
eminent domain.
11. The Board shall not implement a project if the water for such a project originates in a
different water basin, unless all affected basin roundtables have approved the project.
Part 2. Section 39-29-109. Severance tax trust fund -created -administration -use of
moneys -repeal, is amended to allow grants to be made:
(I) The perpetual base account. The moneys in the fund as of July 1, 1995, and one-half of
the severance tax receipts credited to the severance tax trust fund for fiscal years commencing on
and after July 1, 1995, shall be credited to the perpetual base account of the severance tax gust
fund and used for state water projects pursuant to sections 37-60-119 and 37-60-122, C.R.S. The
authorization and contract for each such project shall require repayment of principal and interest
to the severance tax trust fund and moneys so repaid shall be credited to the perpetual base
account of the severance tax trust fund. Cri _ _N~l'S ~_ _'~,L NQT BL, ~IAL~F, UI~,u_ _
' '" 1IC~L:L~' ~I TT] , ~ ~ % ~ B~ THF; C ~I`1_ ' A T ~ i __~ Y ACTI~Cs BY BILI1.
Colorado Water Conservation Board 4
Flood Protection • Water Project Planning and Finance • Stream and Lake Protection
Water Supply Protection • Conservation and Drought Planning • Intrastate Water Planning