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<br />amended to read: <br /> <br />. . <br />37-60-122.6. Emergency infrastructure repair cash fund - <br />authorization. (1) There is hereby created in the state treasury the <br />emergency infrastructure repair cash fund, referred to in this section as the ; <br />"emergency fund". The state treasurer is hereby authorized and directed to <br />transfer two million dollars from the waterconservation board construction <br />fund to the emergency fund. The Colorado water conse.rvation board is <br />authorized to make loans from the emergency fund for projects that it <br />determines are necessary to avoid unreasonable risk of injury or damage to <br />human health or well-being or to property or crops when the board also <br />determines that the emergency condition is not the result of negligence in <br />the operation or maintenance of the infrastructure. Such emergency <br />projects may provide a partial, temporary, or perIl\anent and complete <br />solution to the emergency condition. However, the viability or success of <br />such emergency projects may not be dependent upon further apprbpnations <br />or loans. Any partial or temporary solution to an emergenpy' condition must <br />be'one that is sensible and functional on its .own merits without regard to <br />the prospect of further state funding. The board shall submit to the general <br />assembly a written deterniination of the basis for each loan from the <br />emergency fund not later than Dcc.c.mbcl 1 JANUARY 15 oftb:e year <br />FOLLOWING THE YEAR in which such loan was made. The moneys in the <br />emergency fund are hereby continuously appropriated to ~e bOard for <br />emergency infrastructure plirposes consistent with the' defmitio'n of <br />"emergency" in section 20 (2) (c) of article X of thesfate constitution, <br />including, but not limited to, the immediate availability of ftmds MONEYS <br />for emergency repairs to l'aW water storage systems, raw water transmission <br />systems, or both such storage and transmission systems. . AI.! interest <br />derived from loans and th.e investment of moneys in the' eniergenpy fund <br />shall be credited to the Colorado water conservation board' construction <br />fund, Any balance IN EXCESS OF TWO MILLiON DOLLARS remaining mthe <br />emergency fund at the end of any fiscal year shalllcITlw h1 thc.BE <br />CREDITED TO THE COLORADO WATER CONSERVATION BOARD CONSTR{jCTlON <br />fund. <br /> <br />SECTION 23, Restoration of flood response fund balance. A <br />. total of one hundred fifty thousand dollars ($150,000), or,se> much thc:reof <br />as may be necessaIy, shall be tninsferred by the state tfeasUier .from <br />unreserved cash hi the Colorado water conservation board con.strilci:ion fund <br />. to the flood response fund-to restore tllebalaIlce in the floodresponse'fund <br />. .. <br />.. . . <br /> <br />PAGE II-HOUSE BILL 02-1152 <br />