Colorado Water Conservation Handbook

• Year: 2004
• Title: CWCB Board Member Handbook
• CWCB Section: Administration
• Author: CWCB
• Description: Handbook containing phone numbers, addresses, statutes, rules, policies, straegic plans and Board member work plans.
• Publications - Doc Type: Other

(I) In support of water users whose water supply yield is
or may be diminished or the cost of said yield is or may
be materially increased as a result of conditions imposed
or that may be imposed, including but not limited to by-
pass flows, by any agency of the United States on
permits for existing or reconstructed water facilities
located on federally owned lands;
(II) To oppose an application of a federal agency for an
instream flow right that is not in compliance with
Colorado law for establishing instream flow rights;
(III) To defend and protect Colorado's allocations of
water in interstate streams and rivers; and
(IV) To ensure the maximum beneficial use of water for
present and future generations by addressing important
questions of federal law.
(b) Pursuant to the spending authority set forth in
paragraph (a) of this subsection (2.5), moneys may be
expended from the litigation fund at the discretion of the
board if:
(I) With respect to litigation, the Colorado attorney
general requests that the board authorize the expenditure
of moneys in a specified amount not to exceed the
balance of the fund for the costs oflitigation associated
with one or more specifically identified lawsuits
meeting the criteria set forth in paragraph (a) of this
subsection (2.5);
(II) (Deleted by amendment, L. 2003, p. 1769, S 19,
effective May 19, 2003.)
(c) Any interest earned on the moneys in the litigation
fund shall be credited on an annual basis to the litigation
fund created in paragraph (a) of this subsection (2.5).
(d) The board, in conjunction with the attorney general,
shall report annually to the senate agriculture, natural
resources, and energy committee and the house of
representatives agriculture, livestock, and natural
resources committee on any litigation that involves the
use of any moneys from the litigation fund created in
paragraph (a) of this subsection (2.5).
(e) Any moneys remaining in the litigation fund at such
time as the general assembly acts to close the fund shall
be credited to the Colorado water conservation board
construction fund created in subsection (1) of this
section.
(f) (Deleted by amendment, L. 2001, p. 690, S 27,
effective May 30, 2001.)
(3) (a) The board may receive and expend contributions
of money, property, or equipment from any source for
use in making investigations, contracting projects, or
otherwise carrying out the purposes of sections 37-60-
ill to 37-60-122.
(b) The board may accept, allocate, expend, and
otherwise use contributions and donations of money,
property, or equipment from any source to carry out the
purposes of this article and section 37 -92-1 02 (3). Such
contributions are hereby continuously appropriated to
the board for the purposes established by this section.
(4) (a) The personal services, operating, travel and
subsistence, and capital expenses of administering and
managing the feasibility studies, engineering and design
work, and construction activities associated with

projects which are funded using moneys appropriated,
allocated, or otherwise credited to the Colorado water
conservation board construction fund may be paid from
such moneys.
(b) Repealed.
(c) The legal services expenses, including the expenses
oflegal counsel employed by the board with the consent
of the attorney general pursuant to section 37-60-114, of
negotiating and preparing contracts for the disbursement
of moneys from the construction fund for the study,
design, and construction of projects which are funded
using moneys appropriated, allocated, or otherwise
credited to the Colorado water conservation board
construction fund may be paid from such moneys.
(5) Repealed.
(6) As ofJuly 1, 1988, and July 1 of each year thereafter
through July 1, 1996, fifty percent of the sum specified
in this subsection (6) shall accrue to the fish and wildlife
resources fund, which fund is hereby created, twenty-
five percent of such sum shall accrue to the Colorado
water conservation board construction fund, and twenty-
five percent of such sum shall accrue to the Colorado
water resources and power development authority. The
state treasurer and the controller shall transfer such sum
out of the general fund and into said fish and wildlife
resources fund and to the authority as moneys become
available in the general fund during the fiscal year
beginning on said July 1. Transfers between funds
pursuant to this subsection (6) and subsection (7) of this
section shall not be deemed to be appropriations subject
to the limitations of section 24-75-201.1, C.RS. Subject
to the provisions of subsection (7) of this section, the
amount that shall accrue pursuant to this subsection (6)
shall be as follows:
(a) On July 1, 1988, five million dollars;
(b) and (c) (Deleted by amendment, L. 2001, p. 690, S
27, effective May 30,2001.)
(d) On July 1, 1994, thirty million dollars. In
distributing said sum, the formula in the introductory
portion to this subsection (6) shall not apply, and said
sum shall accrue as follows:
(I) Ten million five hundred thousand dollars to the
Colorado water conservation board construction fund;
(II) (A) (Deleted by amendment, L. 2001, p. 690, S 27,
effective May 30, 2001.)
(B) (Deleted by amendment, L. 2003, p. 1769, S 19,
effective May 19, 2003.)
(III) One million five hundred thousand dollars to the
Colorado water resources and power development
authority;
(IV) (Deleted by amendment, L. 2001, p. 1277, S 49,
effective June 5, 2001.)
(V) Two million eight hundred thousand dollars to the
Colorado water conservation board construction fund
for a portion of the construction costs ofthe ridges basin
dam of the Animas-La Plata project;
(VI) Four hundred forty-seven thousand forty dollars to
the Colorado water conservation board construction
fund for activities relating to the Arkansas river
litigation.

57