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<br />(2) The board is further authorized to expend
<br />eighty thousand dollars and 1.5 FTE for the fiscal year
<br />beginning July 1, 1991, for personal services, operating,
<br />travel and subsistence, capital, and legal services
<br />expenses of administering the pilot program authorized
<br />in subsection (1) of this section from the Colorado water
<br />conservation board construction fund.
<br />(3) The board shall develop guidelines for the
<br />range of potentially eligible projects for the pilot
<br />program authorized in subsection (1) of this section by
<br />October 1, 1991, and shall establish such criteria and
<br />feasibility measures as will assure that a range of
<br />potentially beneficial projects are demonstrated as part
<br />of the pilot program.
<br />(4) and (5) Repealed.
<br />Source: L. 91: Entire section added, p. 2023, S
<br />4, effective June 4. L. 96: (4) repealed, p. 1224, S 28,
<br />effective August 7. L. 99: (5) repealed, p. 25, S 2,
<br />effective March 5.
<br />Cross references: For the legislative declaration
<br />contained in the 1996 act repealing subsection (4), see
<br />section 1 of chapter 237, Session Laws of Colorado
<br />1996.
<br />
<br />37-60-126. Water use efficiency - urban water use
<br />efficiency programs - relationship to state assistance for
<br />water facilities.
<br />(1) As used in this section, unless the context otherwise
<br />reqUlres:
<br />(a) "Covered entity" means each municipality, agency,
<br />utility, including any privately owned utility, or other
<br />publicly owned entity with a legal obligation to supply,
<br />distribute, or otherwise provide water at retail to
<br />domestic, commercial, industrial, or public facility
<br />customers, and which has a total demand for such
<br />customers of two thousand acre-feet or more in calendar
<br />years 1989 or thereafter.
<br />(b) "Public facility" means any facility operated by an
<br />instrument of government for the benefit of the public
<br />including, but not limited to, a government building,
<br />park or other recreational facility, school, college,
<br />university, or other educational institution, highway,
<br />hospital, or stadium.
<br />(2) Within five years after June 4, 1991, each covered
<br />entity which does not have a water use efficiency plan
<br />satisfying the provisions of subsections (4) and (5) of
<br />this section, shall, subject to section 37-60-127,
<br />develop, adopt, make publicly available, and implement
<br />a plan pursuant to which such covered entity shall
<br />encourage its domestic, commercial, industrial, and
<br />public facility customers to use water more efficiently.
<br />Any covered entity that makes an initial determination
<br />that it has satisfied subsections (4) and (5) of this
<br />section shall, within five years of June 4, 1991, give
<br />public notice of such determination at an official
<br />meeting of the appropriate governing body of the
<br />covered entity.
<br />(3) The manner in which the covered entity develops,
<br />adopts, makes publicly available, and implements a plan
<br />established pursuant to subsection (2) of this section
<br />
<br />shall be determined by the covered entity. The plan shall
<br />be accompanied by a program for its implementation.
<br />(4) In developing a plan pursuant to subsection (2) of
<br />this section, each covered entity shall consider at least
<br />the following water-saving measures:
<br />(a) Water-efficient fixtures and appliances, including
<br />toilets, urinals, showerheads, and faucets;
<br />(b) Low water use landscapes and efficient irrigation;
<br />(c) Water-efficient industrial and commercial water-
<br />using processes;
<br />(d) Water reuse systems, both potable and nonpotable;
<br />(e) Distribution system leak repair;
<br />(f) Dissemination of information regarding water use
<br />efficiency measures, including by public education,
<br />customer water use audits, and water-saving
<br />demonstrations;
<br />(g) (I) Water rate structures and billing systems
<br />designed to encourage water use efficiency in a fiscally
<br />responsible manner;
<br />(II) The department of local affairs may provide
<br />technical assistance to covered entities that are local
<br />governments to implement water billing systems that
<br />show customer water usage and that implement tiered
<br />billing systems;
<br />(h) Regulatory measures, including standards for the use
<br />of water use efficiency fixtures and landscapes, and
<br />ordinances, codes, or other law designed to encourage
<br />water use efficiency;
<br />(i) Incentives to implement water use efficiency
<br />techniques, including rebates to customers or others to
<br />encourage the installation of water use efficiency
<br />measures.
<br />(5) The plan to be adopted under subsection (2) of this
<br />section shall contain a section stating the covered
<br />entity's best judgment of the role of water use efficiency
<br />plans in the covered entity's water supply planning.
<br />(6) Except for the elements of a water use efficiency
<br />plan which a covered entity has already implemented
<br />prior to June 4, 1991, the plan required under subsection
<br />(2) of this section shall set forth results of the
<br />consideration of the water-efficient measures and
<br />techniques set forth in subsection (4) of this section and
<br />adopted by the covered entity after June 4, 1991.
<br />(7) Except for the elements of a water use efficiency
<br />plan which a covered entity has already implemented
<br />prior to June 4, 1991, before adopting any other major
<br />elements of a plan under subsections (2) and (4) of this
<br />section, each covered entity shall publish a draft plan,
<br />give public notice of the plan, make such plan publicly
<br />available, and solicit comments from the public for a
<br />period of not less than sixty days after the date on which
<br />the draft plan is made publicly available. Reference
<br />shall be made in the public notice to the elements of a
<br />plan that has already been implemented.
<br />(8) A covered entity may at any time adopt changes to
<br />the plan. If the proposed changes are major, the covered
<br />entity shall give public notice of the changes, make the
<br />changes available in draft form, and provide the public
<br />an opportunity to comment on such changes before
<br />adopting them.
<br />
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