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1512Water and IrrigationCh. 352 <br />regulatory agencies, or changes in material quantities beyond contractlimits. <br />(3)Pursuantto section 37-60-120 (1), Colorado Revised Statutes, the Colorado <br />water conservationboardshallrequiresuchterms andconditions insuch contracts <br />as will ensure repayment of fundsmadeavailable by it. The board shall not <br />disburse any moneys for any loan authorized by subsection (1) of this section unless <br />and until it is satisfied, in its sole discretion, that the recipient of any such loan will <br />be able to make repayment pursuant tothe terms and conditionsestablished by the <br />board and by subsection (1) of thissection. <br />SECTION 2.Waterprojectloanauthorizationsfromthe severance tax trust <br /> (1) Pursuantto section 39-29-109 (1) (a) (I), <br />fund perpetual base account. <br />Colorado Revised Statutes, the Colorado water conservation board ishereby <br />authorizedtoloanmoneysfromtheseverance tax trust fund perpetual base account <br />to enabletheconstructionofthefollowingwaterresourcesprojectswith the <br />following priority: <br />PriorityBorrow - ProjectLoan Amount <br />(a)Southeastern Colorado Water <br />Conservancy District Water Activity <br />Enterprise* Arkansas Valley Conduit <br />Project$60,600,000 <br />(b)Penrose Water District Water Activity <br />Enterprise Water RightsPurchase and <br />Raw Water Pipeline$8,844,570 <br />$69,444,570 <br />Total <br />* The moneysappropriated for this project shall remain available for the designated <br />purposesuntil theprojectiscompleted; except that, if the project sponsor does not <br />enter into a loan contract with the Colorado water conservation board within two <br />years after the effective date of this section, then the moneys appropriated in this <br />subsection (1) shall no longer be available for the designated purposes and shall <br />become available for other lawful uses. <br />(2) The Coloradowaterconservation board may make loans for the construction <br />of the projects specified in subsection(1)ofthissectionfromsuch moneys as are <br />or may hereafter become available to the severance tax trust fund perpetual base <br />account. Said loansshallbeintheamountslisted in subsection (1) of thissection <br />plus or minus such amounts,ifany, as may be justified by reason of ordinary <br />fluctuationsin construction costsas indicated by the engineering cost indices <br />applicable to the types of construction required for each project or as may be <br />justified by reason of changes in the plans for a project due to differing or <br />unforeseen site conditions, errors or omissions in the plans and specifications, <br />changesinstituted by regulatory agencies, or changes in material quantities beyond <br />contract limits. <br />(3) Pursuanttosection37-60-120 (1), Colorado Revised Statutes, the Colorado <br />water conservation board shall require such terms and conditions in such contracts <br />