LEG00243

• Bill Number: SB02S-004
• Year: 2002
• Title: Concerning Water Conservation Incentives
• Legislation - Doc Type: Other CWCB Related Bills - Killed

Authorizes the Colorado water conservation board to loan money to applicants for conserved water
certificates.

Be it enacted by the General Assembly of the State of Colorado:
SECTION 10 Article 82 of title 37, Colorado Revised Statutes, is amended BY THE
ADDITION OF A NEW PART to read:

PART 2
WATER SUPPLY ALTERNATIVES ACT
37-82-201. Short title. THIS PART 2 SHALL BE KNOWN AND MAY BE CITED AS THE "WATER SUPPLY
ALTERNATIVES ACT".
37-82-202. Legislative declaration. (1) THE GENERAL ASSEMBLY HEREBY FINDS, DETERMINES, AND
DECLARES THAT:
(a) WATER RESOURCES IN COLORADO ARE NOT EVENLY DISTRIBUTED, STATE WATER LAW HAS
ALLOWED WATER TO BE TRANSPORTED FROM ONE NATURAL BASIN TO ANOTHER, AND THE TRANSPORT OF WATER
BEYOND THE BOUNDARIES OF NATURAL RIVER BASINS POSES SPECIAL ENVIRONMENTAL AND ECONOMIC
PROBLEMS FOR SUCH BASINS;
(b) NUMEROUS AREAS OF THE STATE ARE AFFECTED OR MAY BECOME AFFECTED BY SUCH TRANSPORT
OF WATER BEYOND THE BOUNDARIES OF NATURAL RIVER BASINS AND SUCH TRANSPORT IS, THEREFORE, A
MATTER OF STATEWIDE CONCERN; AND
(c) THERE IS A NEED TO ASSURE THAT NATURAL RIVER BASINS WILL NOT BE DEPRIVED OF DIVERTED
WATER AND RETURN FLOWS THROUGH TRANSPORT TO OTHER AREAS ABSENT A CLEAR SHOWING THAT THE
ENTITY SEEKING TO TRANSPORT SUCH WATER HAS EXPLORED ALL REASONABLE ALTERNATIVES TO SUCH
TRANSPORT.
37-82-203. Definitions. As USED IN THIS PART 2, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1) "ApPLICANT" MEANS ANY PERSON, INCLUDING ANY PUBLIC, PRIVATE, OR GOVERNMENTAL ENTITY,
SEEKING WITH RESPECT TO A PROPOSED WATER TRANSPORT:
(a) A DECREE FOR A WATER RIGHT OR CONDITIONAL WATER RIGHT, INCLUDING A DETERMINATION
THAT A CONDITIONAL WATER RIGHT HAS BECOME A WATER RIGHT BY REASON OF THE COMPLETION OF THE
APPROPRIATION;
(b) A CHANGE OF A WATER RIGHT;
(c) ApPROVAL OF A PLAN FOR AUGMENTATION;
(d) A FINDING OF REASONABLE DILIGENCE; OR
(e) ApPROVAL OF A PROPOSED OR EXISTING EXCHANGE OF WATER UNDER SECTION 37-80-120 OR
37-83-104.
(2) "WATER TRANSPORT" MEANS THE REMOVAL OF WATER FROM ANY NATURAL RIVER BASIN OR ITS
TRIBUTARIES WITHIN THE STATE OF COLORADO TO ANY OTHER NATURAL RIVER BASIN BY MEANS OF DIVERSION,
TRANSFER, EXPORTATION, IMPORTATION, STORAGE, EXCHANGE, LEASE, LOAN, CONTRACT, PURCHASE, SALE,
CONDEMNATION, OR OTHER MEANS OF ACQUISITION OF WATER FROM ANY SURFACE OR UNDERGROUND SOURCE,
INCLUDING TRIBUTARY GROUNDWATER, NONTRIBUTARY DESIGNATED GROUNDWATER, AND NOT NONTRIBUTARY
GROUNDWATER.
37-82-204. Alternatives analysis. (1) ANY WATER TRANSPORT APPLICANT SHALL MAKE A DETAILED
STUDY AND ANALYSIS OF ALL REASONABLE ALTERNATIVES TO THE PROPOSED WATER TRANSPORT, INCLUDING
CONSIDERATION OF THE COST, YIELD, RELIABILITY, AND ANY OTHER BENEFICIAL OR ADVERSE CONSEQUENCES
OF:
(a) WATER-SAVING MEASURES AND TECHNIQUES OF IMPLEMENTING THESE MEASURES, INCLUDING:
(I) WATER-EFFICIENT FIXTURES AND APPLIANCES, INCLUDING BUT NOT LIMITED TO TOILETS, URINALS,
SHOWERHEADS, AND FAUCETS;
(II) LOw-WATER-USE LANDSCAPES AND WATER-EFFICIENT IRRIGATION;
(III) WATER-EFFICIENT INDUSTRIAL AND COMMERCIAL WATER-USING PROCESSES;
(IV) WATER REUSE SYSTEMS, BOTH POTABLE AND NONPOTABLE;
(V) DISTRIBUTION SYSTEM LEAK REPAIR;