LEG00203

• Bill Number: SB86-027
• Year: 1986
• Title: Concerning Projects Funded by the Colorado Water Conservation Board Construction Fund and Relating to the Activities of the Colorado Water Conservation Board in Connection Therewith
• Legislation - Doc Type: Construction Fund Bill

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the board unti 1 the board has, in its
determined that the project is technically
feasible.

sole discretion,
and financially

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(2) The Colorado water conservation board may make
loans, grants, or loans and grahts for the construction of
each project specified in subsection (1) of this section from
such moneys as are or may hereafter become available- to the
Colorado water conservation board construction fund, such
loans, grants, or loans and grahts to be in the amounts listed
in subsection (1) of this section 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 for a project if those changes are required by
final engineering drawings and specifications or by federal or
state requirements. The loan for any project specified in
subsection (1) of this section shall not exceed fifty percent
of the total cost of constructing a project.

(3) Contracts entered into by the Colorado water
conservation board pursuant to section 37-60-119 (2), Colorado
Revised Statutes, for loans to enable the construction of the
projects specified in subsection (1) of this section shall be
subject to the repayment periods and total repayments set
forth in subsection (1) of this section; except that total
repayments shall be adjusted to reflect any changes in the
amount loaned pursuant to the provisions of subsection (2) of
thi s section.

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(4) The Colorado water conservation board is hereby
authorized to contract directly with the Ute Mountain Ute
tribe, without utilizing the procedures prescribed by article
92 of title 24 and part 14 of article 30 of title 24, Colorado
Revised Statutes, for the design and construction of the
Towaoc pipeline project so long as the board, in its sole
discretion, finds that the required work can be satisfactorily
performed. Notwithstanding the provisions of section
37-60-121 (1) (b} (IV), Colorado Revised Statutes, the total
amount of the board's cost for the Towaoc pipeline project
shall be nonreimbursable in recognition of the fact that the
construction of the said project by the state is a component
of the proposed settlement of the Ute Mountain Ute tribe's
reserved water rights claims on certain tributaries of the San
Juan river. The board may not proceed with the design and
construction of the said project, nor expend any moneys
therefor, until the attorney g~neral certifies to the board
that the. Ute Mountain Ute tribe has entered into a binding
settlement with the state which has been approved by the
secretary of the interior and which will quantify and resolve
all of the tribe's reserved water right claims in Colorado.

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PAGE 2-SENATE BILL NO. 27