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

(9) (a) After five years following June 4, 1991, neither
the board nor the Colorado water resources and power
development authority shall accept an application from
a covered entity for financial assistance in the
construction of any water diversion, storage,
conveyance, water treatment, or wastewater treatment
facility unless such covered entity includes a copy of the
water use efficiency plan adopted pursuant to this
section and a copy of other such plans, if any, otherwise
adopted by the covered entity.
(b) After five years from June 4,1991, the board and the
Colorado water resources and power development
authority, to which any covered entity has applied for
fmancial assistance for the construction of a water
diversion, storage, conveyance, water treatment, or
wastewater treatment facility shall consider any water
use efficiency plan filed pursuant to paragraph (a) of
this subsection (9) in determining whether to render
financial assistance to such entity. Such consideration
shall be carried out within the discretion accorded the
board and the Colorado water resources and power
development authority pursuant to which such board
and authority render such financial assistance to such
covered entity.
(c) The board and the Colorado water resources and
power development authority may enter into a
memorandum of understanding with each other for the
purposes of avoiding delay in the processing of
applications for financial assistance covered by this
section and avoiding duplication ill the consideration
required by paragraph (b) of this subsection (9).
(10) Repealed.
(11) (a) On and after April 25, 2003, any new restrictive
covenant that prohibits or limits the installation or use
of drought-tolerant vegetative landscapes is prohibited.
(b) As used in this subsection (11), "restrictive
covenant" means any covenant, restriction, or condition
applicable to real property for the purpose of controlling
land use, but does not include any covenant, restriction,
or condition imposed on such real property by any
governmental entity.

37-60-127. Applicability of provisions requiring
funding by political subdivisions of the state. No
provision of section 37-60-124, 37-60-125, 37-60-126,
or 37-96-103 (4) to (7) which requires funding by any
political subdivision of the state which is a covered
entity as defined in section 37-60-126 (1) (a) shall apply
to any such political subdivision if such entity submits
the applicable provision and its requirements, including
all costs to the inhabitants of the respective jurisdiction,
to the qualified electors of any such political
subdivision, and a majority of such qualified electors do
not approve such applicable provision and its
requirements.

37-60-128. Sunset of water conservation provisions -
review by general assembly. (Repealed)

37-60-129. Availability of funds. Moneys appropriated
or authorized to the board from the Colorado water
conservation board construction fund and from the
Colorado river recovery program loan fund shall remain
available to the board for the original purposes, unless
deauthorized by the legislature, until any project for
which the moneys were appropriated or authorized is
completed.

37-60-130. Arkansas river augmentation loan fund -
creation. (1) There is hereby created in the state
treasury the Arkansas river augmentation loan fund.
The state treasurer is hereby authorized and directed to
transfer a total of three million five hundred thousand
dollars from the unreserved cash funds in the water
conservation board construction fund to the Arkansas
river augmentation loan fund.
(2) The board is hereby authorized to expend
up to three million five hundred thousand dollars from
the Arkansas river augmentation loan fund for the
purpose of making loans to organizations or entities for
the purchase of augmentation water or the rights to such
water to replace out-of-priority depletions to surface
water rights and to prevent material depletions of usable
stateline flows in violation of the Arkansas river
compact. Moneys in the Arkansas river augmentation
loan fund are hereby continuously appropriated to the
board. All interest derived from the investment of
moneys in the Arkansas river augmentation loan fund
shall be credited to the Colorado water conservation
board construction fund.
(3) The board shall approve or deny
applications for loans, after consulting with the
Arkansas river coordinating committee concerning such
applications, based upon criteria including but not
limited to whether the:
(a) Source of augmentation water is from a
reliable, permanent supply;
(b) Applicant has adequate security or
collateral to assure repayment;
(c) Applicant has the ability to repay the loan
at an interest rate and over a period of time as set by the
board;
(d) Applicant is able to collect payments for
the augmented water from its members;
(e) Loan will serve the needs of a broad group
of users rather than a specific user;
(f) Loan will assist in maintaining the
agricultural viability of the Arkansas river valley;
(g) Applicant obtains commitments from its
members that any such member who fails to make
payments in accordance with the loan agreement shall
cease pumping water; and
(h) Applicant obtains commitments from its
members to comply with any rules or changes to mles
as promulgated or amended by the state engineer that
govern the measurement of groundwater withdrawals
and the use of such groundwater in the Arkansas river
basin. Rule changes may include but not be limited to

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