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<br />. <br /> <br />While the Board will endeavor to acquire the necessary <br />easements on a negotiated basis within the limits of the <br />relevant statutory requirements for the appraisal of real <br />property interests to be purchased by a state agency. it is <br />conceivable that negotiations may not be successful in all <br />instances. Therefore. the Board respectfully recommends that <br />section 1(4) of chapter 230 be amended to give it the power of <br />condemnation for this one project in order that the state can <br />meet its obligations under the water rights settlement with the <br />Tribe. <br /> <br />The Board also recommends that section 1(4) be amended to <br />make it clear, as has always been intended. that the Board is <br />authorized to convey title to the pipeline and the easements <br />acquired by the Board for the pipeline route to the Tribe upon <br />completion of construction of the project. Section 1(4) is <br />presently silent on this matter. which leads to unnecessary <br />ambiguity. <br /> <br />Compliance with Construction Fund Criteria <br /> <br />Since the adoption in 1981 of the criteria set forth in <br />section 37-60-121 (l)(b), CRS. actions taken by the Board <br />concerning the construction fund program have been in compliance <br />with those criteria. In particular. the Board has taken the <br />following steps: <br /> <br />1. About two-thirds of the Board's cost of the projects <br />recommended since the adoption of the subject criteria <br />have been for projects which will increase the <br />beneficial consumptive use of Colorado's compact <br />entitlements. <br /> <br />2. No applications for domestic water treatment and dis- <br />tribution systems or flood control projects have been <br />accepted by the Board since March, 1981. <br /> <br />3. All feasibility studies initiated by the Board include <br />the information required by criteria (IX). <br /> <br />Additional Activities Under the Construction Fund <br /> <br />The General Assembly has directed. and the Board has <br />recently completed. two specific activities with construction <br />fund monies. <br /> <br />. <br /> <br />First. S.B. 5 (1985) created a new section 37-60-115(3). <br />CRS. concerning ground water investigations to be undertaken by <br />the Board. In 1987. the Board recommended. and the General <br />Assembly authorized. expenditure of $100.000 for a cooperative <br />study of groundwater in the Denver Basin. An initial deep well <br />was drilled at Castle pines in cooperation with the U.S. <br />Geological Survey and the Castle pines Metropolitan District. <br /> <br />-2- <br />