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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Furthermore, before the board can proceed with the project,
the tribe must have entered into a contract with the board by
which the tribe agrees to assign to the board, in the event
that the approved settlement is not fully consummated for any
reason, one-half, but not to exceed six million dollars, of
any damages which the tribe may obtain in litigation against
the United States.

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(5) Notwithstanding the prOV1Slons of section 37-60-121
(1) (b) (IV), Colorado Revised Statutes, three hundred
eighty-two thousand two hundred dollars ($382,200) of the
board's cost for the Rio Grande Reservoir project shall be
nonreimbursable in recognition of the fact that the state has
received the right from the owner of the reservoir to use a
portion of the said reservoir's storage capacity for the
purposes of meeting Colorado's obligations under the Rio
Grande Compact, section 37-66-l01, Colorado Revised Statutes,
and for maximizing the use of compact-allocated waters in
Colorado. The board shall not expend any moneys on the Rio
Grande Reservoir project until the state engineer certifies to
the board that the operating agreement required by section 4
(1) (c) of chapter 141, Session Laws of Colorado 1982, is and
continues to be in full force and effect. The board shall
require that any funds recovered by the owner of the reservoir
in the event liability is fixed upon a third party for failure
to properly perform the work carried out with the moneys
initially made available to the owner, less the owner's
expenses to prosecute any such claims, shall be immediately
paid OVer to the Colorado water conservation board for deposit
in the Colorado water conservation board construction fund,
with 45.4 percent of any such funds being credited toward ~he
repayment of the second loan being made to the owner pUrsuant
to this act.

,SECTION 2. Study Authorization. Pursuant to section
37-60-122 (1) (c), Colorado Revised Statutes, the Colorado
water conservation board is hereby authorized and directed to
make, from such moneys as are or may hereafter become
available to the Colorado water conservation board
construction fund, a feasibility study of a potential Channel
and bank stabilization project an~ of the repair and
rehabilitation, or replacement, of affected diversion dams and
headgates on the Alamosa River in the vicinity of the town of
Capulin, commencing at U.S. Highway 285 and extending upstream
to State Highway 15, a distance of approximately six miles.
The board's cost for said study shall not exceed thirty
thousand dollars ($30,000) and shall be nonreimbursable. The
board shall not proceed with the study unless and until six
thousand dollars ($6,000) is committed to the board for the
study by other agencies, entities, or persons.

SECTION 3. Section 4 (1) of chapter 344, Session Laws of

PAGE 3-SENATE BILL NO. 27