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. . . " STATE OF CQLOR.ADO o COLORADO WATER CONSERVATION BOARD Department of Natural Resources 721 State Centennial Building 1313 Sherman Street Denver, Colorado 80203 Phone: (303) 8&&-3441 M E M 0 RAN DUM Richard D. lamm Governor J. William McDonald Director David W. Walker Deputy Director TO: Members, CWCB FROM: Bill McDonald DATE: October 25, 1985 SUBJECT: Agenda Item 13, November 7-8, 1985, Board Meeting-- Possible Amendments to the Construction Fund Statutes Introduction Through the LegiSlative Council staff, I have been advised that Senator Bishop believes that the provisions of sections 37-60-119 and 121, Colorado Revised Statutes (enclosed), may be inconsistent in certain respects. The staff has asked for the Board's advice in this regard. 'Discussion The inconsistency which Senator Bishop has apparently noted stems from the language in section 37-60-119 and the criteria in section 37-60-121 (l)(b). The former speaks in broad terms about "flood control, water supply, and hydroelectric energy facilities," while the criteria set forth in section 37-60-121 (l)(b), which crtieria were amended into the statute in 1981 upon the Board's recommendation, exclude "domestic water treatment and distribution systems" (see criteria VI) and "projects specifically for flood control" (see criteria VII) from the projects which the Board can consider. The latter criteria excludes Board consideration of single-purpose flood control projects, but it permits the Board to handle multi-purpose projects which include flood control as a project purpose. To resolve this inconsistency, one of two things could be done: (1) section 37-60-119 could be amended to reflect the narrower language now found in section 37-60-121 (l)(b), or (2) section 37-60-119 could be amended to remove the references that tie it specifically to the construction fund program, thereby 320 ai/a/cf