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<br />board and the board of directors of the Colorado water and power <br />development authority are appointed by the governor by and with the <br />consent of the senate. Pursuant to the state constitution, specifies that, <br />unless any such member is removed according to law, the member shall <br />exercise his or her duties until a successor is duly qualified. Also <br />specifies that, pursuant to the state constitution, no person appointed by <br />the governor while the senate is in session may take office until <br />confirmed by the senate; however, a person appointed in the interim may <br />take office upon appointment until confirmed. <br /> <br />I Be it enacted by the General Assembly of the State of Colorado: <br />2 SECTION 1. 37-60-104 (1), Colorado Revised Statutes, IS <br />3 amended to read: <br /> <br />4 37-60-104. Personnel. (1) The board shall consist of fifteen <br />5 members, The executive director of the department of natural resources. <br />6 shall be a ,,,tin!!: member ex offido. the attorney general. state engineer, <br />7 director of the division of wildlife, commissioner of agriculture or <br />8 designee, and director of said board shall be nonvoting members ex <br />9 officio. The nine remaining members shall be qualified electors of the <br />10 state, well versed in water matters, and shall be appointed by the <br />11 governor, BY AND with the consent of the senate, for terms of three years; <br />12 except that no appointment shall be made that does not conform to the <br />13 requirements of subsections (3) and (4) of this section. MEMBERS OF THE <br />14 BOARD MAY NOT VOTE BY PROXY. PURSUANT TO SECTION I OF ARTICLE <br />15 XII OF THE STATE CONSTITUTION, UNLESS REMOVED ACCORDING TO LAW, <br />16 MEMBERS OF THE BOARD SHALL EXERCISE THE DUTIES OF THEIR OFFICE <br />17 UNTIL A SUCCESSOR IS DULY APPOINTED, OUALIFIED, AND CONFIRMED. <br />18 PURSUANT TO SECTION 6 (1) OF ARTICLE IV OF THE STATE CONSTITUTION, <br />19 NO PERSON APPOINTED BY THE GOVERNOR TO A VACANCY OCCURRJNG <br />20 WHILE THE SENATE IS IN SESSION MAY TAKE OFFICE UNTIL CONFIRMED BY <br /> <br />-2- <br /> <br />346 <br />