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

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Statutory Objective
ehatfield Reservoir Reanocation: the statute authorizes 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 spend funds from the Construction Fund; to collect and disburse
money from entities to undertake mitigation, operational and maintenance activities and to pay
for the storage space; and, to provide the necessary exemptions from existing law to promptly
award contracts to public and private entities to undertake the mitigation and construction related
activities needed to effectuate the storage of water in the reservoir.
Statutory Language
The Existing Contractual Powers of the Board are amended by adding a new provision: -
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37.60.120.1. Chatfield Reservoir Reallocation Project - appropriation and authority of the board.
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. The implementation of the Project will require the board to contract with U.S.
Army Corps of Engineers, hereafter Corps, to hold and allocate storage space in the reservoir and
to undertake substantial activities related to the mitigation of environmental and recreation
impacts caused by the increase in reservoir water levels.
2. Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any
moneys in the Colorado water conservation board construction fund not otherwise appropriated,
to the department of natural resources, for allocation to the Colorado water conservation board,
for the fiscal year beginning July 1,2008, the swn of two million dollars ($2,000,000), or so
much thereof as may be necessary, to implement the project. The moneys appropriated in this
subsection shall remain available for the designated purposes until the project is completed. Any
remaining balance from the two million dollar appropriation shall revert to the Construction
Fund at the end of the project.
3. Authority to contract and to collect and disburse funds. The board is hereby authorized to act
as an agent of the project parties to implement this section. Through an agency fund the board
may collect and disburse money from any entity to implement the Project and to meet the
obligations contained in an intergovernmental agreement, project partnership agreement or other
contract, hereafter agreement, with the Corps or other entity that is required to implement the
project. Notwithstanding any other law, including the provisions of24-30-1303 C.R.S., the board
and the Department of Natural Resources acting through its agencies, shall have the authority to
enter into any agreement with the Corps or other entities, including consultants and contractors,
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