LEG00201

• Bill Number: HB93-1273
• Year: 1993
• Title: Concerning the Colorado Water Conservation Board Construction Fund and Making Appropriations in Connection Therewith
• Legislation - Doc Type: Construction Fund Bill

SECTION 8. Funding for good faith payment for purchase of
uncommitted water at Ruedi reservoir. The Colorado water
conservation board is hereby authorized to initiate negotiations
for the purchase of the rights to uncommitted water stored in.the
Ruedi reservoir. The Colorado water conservation board is hef.eby
authorized. to expend not more than five hundred thousand dollars
($500,000) from the Colorado water conservation board construction
fund for this purpose.

SECTION 9. Statewide satellite monitoring system
appropriation. In addition to any other appropriation, there is
hereby appropri ated, out of any moneys in the Co I orado water
conservation board construction fund not otherwise appropriated,
to the department of natural resources, for allocation to the
state engineer, for the fiscal year beginning July 1, 1993, the
sum ~f one hundred thirteen thousand dollars ($113,000), or so
much thereof as may be necessary, for the controlled maintenance
of the statewide satell ite monitoring system operated by the state
engineer pursuant to. section 37-80-102 (10), Colorado Revised
Statutes.

SECTION 10. Article 60 of title 37, Colorado Revised
Statutes, 1990 Repl. Vol., as amended, is amended BY THE ADDITION
OF A NEW SECTION to read:

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37-60-122.6. Emergency infrastructure account. THERE IS
HEREBY CREATED IN THE STATE TREASURY AS PART OF THE COLORADO WATER
CONSERVATION BOARD CONSTRUCTION FUND THE EMERGENCY INFRASTRUCTURE
REPAIR CASH ACCOUNT REFERRED TO IN THIS SECTION AS THE "EMERGENCY
ACCOUNT". THE STATE TREASURER IS HEREBY AUTHORIZED AND DIRECTED
TO TRANSFER TWO MILLION DOLLARS FROM THE WATER CONSERVATION BOARD
CONSTRUCTION FUND TO THE EMERGENCY ACCOUNT. THE COLORADO WATER
CONSERVATION BOARD IS AUTHORIZED TO MAKE LOANS FROM THE EMERGENCY
ACCOUNT FOR PROJECTS WHICH 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
DEPENOENT UPON FURTHER APPROPRIATIONS OR LOANS. ANY PARTIAL OR
TEMPORARY SOLUTION TO AN EMERGENCY CONDITION MUST BE ONE WHICH 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
LOAN FROM THE EMERGENCY ACCOUNT NOT LATER THAN DECEMBER I OF THE
YEAR IN WHICH SUCH LOAN WAS MADE. THE MONEYS IN THE EMERGENCY
ACCOUNT 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

PAGE 5-HOUSE BILL 93-1273

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