LEG00174

• Bill Number: SB01-157
• Year: 2001
• Title: Concerning the Funding of Colorado Water Conservation Board Projects and Making Appropriations in Connection Therewith
• Legislation - Doc Type: Construction Fund Bill

(e) Species recovery grants from the fish and wildlife resources liI:\eCll:lut FUND may be made for the
purpose of responding to needs of declining native species and to those species protected under the federal
"Endangered Species Act ofl973", 16 US.C. sec. 1531, et seq., as amended, in a manner that will carry out the
state water policy,

(t) ~Jot..itkl3tal.aiLg aft) 1516, iEliall of pM fiE;Iaph ell) afthia 3tlti3~etiarl (2) ta 1:tlc Eel~6m), oft Jttl) 1, 1998,
th" Jtlltc KefiJtll~I .3h8.11 d"dtl,-t on':"luilli<Hi <lellmJ fronl the ff.3h tltid nildlif, leJomccJ fic'-otlflt ifi the Celeraae
.. atel eel1.3cl ,atiefl boMB c51"lBtI tletiefl fttna Ma tIaflaWr 3tle.k 3l'lft'1 to tftc al'clatiell find ft'lail1te.nanee Uecotlfit of
1:ke 313eeie3 e811:351. ati6L tltlBt :funa Bleatea ia 3ee.tiafl ~ 1 32 111 (2), C.R.S.

SECTION 29. 37-60-122.5, Colorado Revised Statutes, is amended to read:

37-60-122.5. Emergency dam repair cash fund. There is hereby created in the state treasury 113 JlIt!t 6f
tile CeleHlae .. ater ceLJ~l . alien 156M3 eOfl.3tIttetiel& fttna the emergency dam repair cash ttBeettfit FUND. The
state treasurer is hereby authorized and directed to transfer moneys from the Colorado water conservation board
construction fund to the emergency dam repair cash aeC6tlllt FUND in such amounts and at such times as
determined by the Colorado water conservation board. Such transfers shall not exceed fifty thousand dollars,
The moneys in the emergency dam repair cash llee6l11'1t FUND are hereby continuously appropriated to the
Colorado water conservation board for the emergency repair of dams pursuant to section 37-87-108.5, All
moneys collected by the state engineer pursuant to section 37-87-108.5 shall be transmitted to the state treasurer
who shall credit such moneys to the Colorado water conservation board construction fund. All interest derived
from the investment of moneys in the emergency dam repair cash lle66tl1l.t FUND shall be credited to the
Colorado water conservation board construction fund. Any balance remaining in the emergency dam repair cash
llMlltll'it FUND at the end of any fiscal year shall remain in the 116Cetlll.t FUND.

SECTION 30. 37-60-122.6 (1), Colorado Revised Statutes, is amended to read:

37-60-122.6. Emergency infrastructure fund. (1) There is hereby created in the state treasury 113 Jlll!t ef
th" Color ado H at'l col~3cl . alion hotH a a6fl.3tr t:tatiofi. luna the emergency infrastructure repair cash tK60 tlflt
FUND, referred to in this section as the "emergency lleMlIIlt FUND", The state treasurer is hereby authorized
and directed to transfer two million dollars from the water conservation board construction fund to the
emergency lleeotl!lt FUND. The Colorado water conservation board is authorized to make 10ans from the
emergency llee611l'it FUND for projects wftteft THAT it determines are necessary to avoid unreasonable risk of
injury or damage to human health or well-being or to property or crops when the board also determines that the
emergency condition is not the result of negligence in the operation or maintenance of the infrastructure. Such
emergency projects may provide a partial, temporary, or permanent and complete solution to the emergency
condition. However, the viability or success of such emergency projects may not be dependent upon further
appropriations or loans, Any partial or temporary solution to an emergency condition must be one wftteft THAT
is sensible and functional on its own merits without regard to the prospect of further state funding. The board
shall submit to the general assembly a written determination of the basis for each 10an from the emergency
aee6tlnt FUND not later than December 1 of the year in which such 10an was made. The moneys in the
emergency llee6t1l1t FUND are hereby continuously appropriated to the board for emergency infrastructure
purposes consistent with the definition of "emergency" in section 20 (2) (c) of article X of the state constitution,
including, but not limited to, the immediate availability of funds for emergency repairs to raw water storage
systems, raw water transmission systems, or both such storage and transmission systems. All interest derived
from the investment of moneys in the emergency M:eellllt FUND shall be credited to the Colorado water
conservation board construction fund. Any balance remaining in the emergency llM611!.t FUND at the end of
any fiscal year shall remain in the llelJlltll'it FUND,

SECTION 31. 37-60-122,7, Colorado Revised Statutes, is amended to read:

http://www.state.co.us/gov_dir/leg_dir/olls/sI200l/sI.206.HTM

06105/2002