|
<br />1794
<br />
<br />Water and Irrigation
<br />
<br />Ch. 435
<br />
<br />CHAPTER 435
<br />
<br />WATER AND IRRIGATION
<br />
<br />COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY
<br />
<br />SE!"ATE BILL NO. 19. BY SENATORS Anderson, Yost, aark, D. Sandoval, Baca Barragan, Beatty, Bena, Cole, Kadlecek
<br />MeIkleJohn, P. Powers, P. Sandoval, Schaefer, Stockton. Strickland, and Zakhem; ,
<br />also REP~SENTATIVES Younglund, Hinman. Shoemaker, Winkler, Armstrong, Chaplin, Chavez, Davoren DeNier Fine
<br />Her:rog, Llllpop, Lucero, Mielke, Paulson, Robb, Rogers, Traylor, and Underwood. ' , ,
<br />
<br />AN ACT
<br />
<br />ESTABLISHING AS A PUBLIC AUTHORITY THE COLORADO WATER RESOURCES
<br />AND POWER DEVELOPMENT AUTHORITY, TO PROVIDE FINANCING FOR STATE
<br />AND LOCAL PROJECTS.
<br />
<br />Be it enacted by the General Assembly of the State of Colorado:
<br />
<br />Section 1. Title 37, Colorado Revised Statutes 1973, as amended, is
<br />amended BY THE ADDITION OF A NEW ARTICLE to read:
<br />
<br />ARTICLE 95
<br />
<br />Colorado Water Resources and
<br />Power Development Authority
<br />
<br />37-95-101. Short title. This article shall be known and may be--cited as
<br />the "Colorado Water Resources and Power Development Authority Act".
<br />
<br />37-95-102. Legislative declaration. (I) It is hereby declared to be the
<br />p~~lic policy of the state to preserve, protect, upgrade, conserve, develop,
<br />utilIze, and manage the water resources of the state, to promote the beneficial
<br />use of waters of the state for the protection and preservation of the public
<br />health, safety, convenience, and welfare, to create or preserve jQ.bs and
<br />employment opportunities or to improve the economic welfare of the.veople
<br />of the state, and to assist and cooperate with governmental agencies in
<br />achieving such purposes, In furtherance of such public policy, the Colorado
<br />water resources and power development authority is created in this article
<br />to initiate, acquire, construct, maintain, repair, and operate projects or cause
<br />the same to be operated pursuant to a lease, sublease, or other agreement
<br />with any person or governmental agency and may issue its bonds and notes
<br />payable solely from revenues to pay the cost of such projects.
<br />
<br />Capital letters indicate new material added to existing statutes; dashes through words indicate
<br />deletions from existing statutes and such TtUlterial not part of act.
<br />
<br />-r
<br />
<br />.,
<br />I
<br />i
<br />I
<br />!
<br />I
<br />J
<br />
<br />Ch. 435
<br />
<br />Water and Irrigation
<br />
<br />1795
<br />
<br />(2) The genera1'assemb1y finds and declares that the authority and powers
<br />conferred under this article and the expenditures of public moneys pursuant
<br />thereto constitute a serving of a valid public purpose and that the enactment
<br />of the provisions set forth in this article is in the public interest and is hereby
<br />so declared to be such as a matter of express legislative determination.
<br />
<br />37-95-103. Definitions. As used in this article:
<br />
<br />(1) "Authority" means the Colorado water resources and power develop-
<br />ment authority created by this article.
<br />
<br />(2) "Beneficial use" means a use of water, including the method of diver-
<br />sion, storage, transportation, treatment, and application, that is reasonable
<br />and consistent with the public interest in the proper utilization of water
<br />resources, including, but not limited to, domestic, agricultural, industrial,
<br />power, municipal navigational, fish and wildlife, and recreational uses.
<br />
<br />(3) "Board" means the board of directors of the authority.
<br />
<br />(4) "Bonds" means bonds issued by the authority pursuant to this article.
<br />
<br />(5) "Governmental agencies" means departments, divisions, or other
<br />units of state government, special. districts, water conservation districts,
<br />metropolitan water districts, conservancy districts, irrigation districts, munici-
<br />pal corporations, counties, cities, and other political subdivisions, the United
<br />States or any agency thereof, and any agency, commission, or authority
<br />established pursuant to an interstate compact or agreemoent.
<br />
<br />(6) "Hydroelectric facilities" mea.ns facilities for the hydrogeneration or
<br />transmission of electric power and energy developed in connection with any
<br />water management facility.
<br />
<br />(7) '.'Notes" means notes issued by the authority pursuant to this article.
<br />
<br />(8) "Owner" includes all individuals, copartnerships, associations, corpo-
<br />rations, or governmental agencies having any title or interest in any property
<br />rights, easements, and interests authorized to be acquired by this article.
<br />
<br />(9) "Person" means any individual, firm, partnership, association, or cor-
<br />poration, or two or more or any combination thereof.
<br />
<br />(10) "Project" means any water management facility or hydroelectric
<br />facility, including undivided or other interests therein, acquired or con-
<br />structed or to be acquired or constructed by the authority under this article,
<br />including all buildings and facilities which the authority deems necessary for
<br />the operation of the project, together with all property rights, water rights,
<br />easements, and interests, including gathering, storage, treatment, and trans-
<br />mission facilities (unless adequate transmission capacity is available from any
<br />existing public utility), which may be required for such operation.
<br />
<br />(11) "Public roads" includes all public highways, roads, railroad, and
<br />streets in the state, whether maintained by the state, a county, a city, or
<br />any other political subdivision.
<br />
<br />(12) "Public utility facilities" includes tracks, pipes, mains, conduits,
<br />cables, wires, towers, poles, and other 'equipment and appliances of any
<br />public utility.
<br />
|