BOARD00645

• Board Meeting Date: 9/22/2003
• Description: OWC Section - Technical Assistance to Covered Entities
• Board Meetings - Doc Type: Memo

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(6) Except for the elements of a water use
efficiency plan which a covered entity has
already implemented prior to June 4, 1991, the
plan required under subsection (2) of this
section shall set forth results of the
consideration of the water-efficient measures
and techniques set forth in subsection (4) of
this section and adopted by the covered entity
after June 4, 1991.

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(7) Except for the elements of a water use
efficiency plan which a covered entity has
already implemented prior to June 4, 1991,
before adopting any other major elements of a
plan under subsections (2) and (4) of this
section, each covered entity shall publish a
draft plan, give public notice of the plan, make
such plan publicly available, and solicit
comments from the public for a period of not
less than sixty days after the date on which the
draft plan is made publicly available. Reference
shall be made in the public notice to the
elements of a plan that has already been
implemented.

(8) A covered entity may at any time adopt
changes to the plan. If the proposed changes are
major, the covered entity shall give public
notice of the changes, make the changes
available in draft form, and provide the public
an opportunity to comment on such changes
before adopting them.

(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.

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(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 financial

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 in the
consideration required by paragraph (b) of this
subsection (9).

(10) Repealed.

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)