8a

• Board Meeting Date: 1/22/2008
• Description: CWCB Legislative Priorities and Recommendations - Chatfield Reservoir Reallocation Project
• Board Meetings - Doc Type: Memo

Attachment B: Legislative Proposal
Agenda Item Sa, January 22-23, 2008 Board Meeting

SEeTION 25. 37-60-122 Colorado Revised Statutes, is amended to read:

ehatfield Reservoir Reallocation: the statute will authorize the CWCB to contract with the US
Army Corps to hold storage space in the reservoir; to contract with local entities who will utilize
the reservoir storage space; to loan money and receive money from entities to undertake
mitigation, operational and maintenance activities and hold such money in an agency fund until
such time as it is transfelTed to the US Army Corps of Engineers pursuant to a contract or
agreement; and, to undertake such action as is necessary, including the award of contracts to
public and private entities to undertake mitigation and constmction related activities, to
effectuate the storage of water in the reservoir.

37-60-122.10. Chatfield Reservoir Reallocation Project - Fund creation and contract authority.

1. Purpose. In order to promote the general welfare and safety of the citizens of this state
and utilize reallocated storage space available in the federal flood control project known as
Chatfield Reservoir, the Colorado water conservation board has undertaken the Chatfield
Reservoir Reallocation Project, hereafter the project, in coordination and cooperation with a local
coalition and with participants who have executed Letters of Commitment with the Colorado
water conservation board. The implementation of the project will result in benefits to South
Platte River water users and the downstream environment without adversely impacting other
river basins; however, the implementation of the Project will require substantial activities related
to the mitigation of environmental and recreation impacts caused by the increase in reservoir
water levels.

2. Fund creation. There is hereby created in the state treasury the Chatfield Reservoir
Reallocation Project Fund, hereafter the fund, for the purpose of collecting and dispersing funds
from the board, received from local project partners, to the U.S. Army Corps of Engineers,
hereafter Corps, and contractors and consultants employed for the purpose of implementing this
section. The money in the fund is hereby continuously authorized to the board for the purposes
of implementing this section.

3. Authority to accept, transfer and loan funds. The state treasurer is hereby authorized to
transfer to the fund up to two million dollars from the Colorado water conservation board
Constmction Fund, not otherwise appropriated, following decisions by the board as evidenced by
its written minutes. The two million dollars transferred to the fund is hereby continuously
appropriated to the board for the purposes of implementing this section, and any remaining
balance from the two million dollar transfer shall revert to the Constmction Fund at the end of
the project. The fund shall be utilized to hire consultants and contractors and to otherwise meet
the obligations contained in an intergovernmental agreement, project partnership agreement or
other contract, hereafter agreement, with the Corps designed to implement the purposes of this
section. The board may accept money from any entity to implement the provisions of this
section and to meet the obligations contained in the agreement.

4. Authority to contract. Notwithstanding any other law, the Department of Natural
Resources acting through its agencies, shall have the authority to enter into any agreement with
the Corps or other entities, consultants or contractors that in its discretion is necessary to

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