LEG00118

• Bill Number: HB84-1128
• Year: 1984
• Title: Concerning water conservation, and relating to the activities of the colorado water conservation board
• Legislation - Doc Type: Construction Fund Bill

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952

Water and Irrigation

Ch. 259

or may hereafter become available to the Colorado water conservation board
construction fund, the amounts of money listed in said paragraph (a) plus
or minus such amounts, if any, as may be justified by reason of ordinary
fluctuations in construction costs as indicated by the engineering cost indices
applicable to the types of construction involved for such projects or as may
be justified by reason of changes made in the plans and specifications of
a project if those changes are required by finalized engineering drawings and
. specifications or by federal or state requirements. '

(c) The sponsor of a project specified in paragraph (a) of this subsection
(I) may not give notice of an award of a contract nor notice to proceed with
the construction of a project, nor in any manner incur costs. for or initiate
fmal designs and specifications for,. or the construction of, a project, until
such sponsor has entered into a contract with the Colorado water conserva-
tion board for the construction of the project and has otherwise complied
with all procedures and conditions required by the board. If a sponsor fails
to comply with this paragraph (c), the Colorado water conservation board
may, at its discretion, terminate all or a portion of the board's fmancial con-
tribution to a project, notwithstanding the authorization made by paragraphs
(a) and (b) of this subsection (1), or the board may require such assurances
from the project sponsor as the board deems necessary in order to adequately
protect the board's investment in a project.

(2) (a) Contracts entered into by the Colorado waler conservation board
pursuant to sections 37-60-106 (I) (0) and 37-60-119 (2), Colorado Revised
Statutes, for the use of the projects specified in paragraph (a) of subsection
(I) of this section shaIl be subject to the payment periods and total payments
. set forth therein; except that total payments shaIl be adjusted to reflect any
changes in expenditures made by reason of paragraph (b) of subsection (1)
of this section and except that the total payment may be reduced to reflect
the smaIler interest charges due when the sponsor of a project makes repay-
ment in less than the maximum authorized payment period.

(b) The Colorado water conservation board may extend the payment
period for any proJect and defer one or more annual payments, notwithstand-
ing-the provisions of paragraph (a) of this subsection (2), if, in the board's
opinion, the entity requesting such extension and deferment demonstrates.
that it has encountered significant and unexpected financial difficulties and
that it has been duly diligent in its efforts to comply with. the repayment
provisions of its contract with the board.

Section 2. Section 5 of chapter 405, Session Laws of Colorado 1983, is
amended to read:

Section 5. Project priorities. (I) Notwithstanding the project priorities
authorized by this or any previous act of the Colorado general assembly,
the Colorado water conservation board is directed to proceed, between the
effective date of this act and June 30, -1984.1985, with the constructiori of
the following authorized projects:

Project Name

Chatfield Channel Project Improvement
Closed Basin
Hertha Reservoir

Ch. 259

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Section 3.
Colorado 1975,

Section 2.

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