BOARD00908

• Board Meeting Date: 7/23/2002
• Description: Special Session Report
• Board Meetings - Doc Type: Memo

Authorizes the Colorado water conservation board to loan money to applicants for conserved watee
certificates.

Be it enacted by the General Assembly of the State of Colorado:
SECTION 10 Article 82 of title 37, Colorado Revised Statutes, is amended BY THE
ADDITION OF A NEW PART to read:

PART 2
WATER SUPPLY ALTERNATNES ACt
37-82-201. Short title. THIS PART 2 SHALJ)BE KNOWN AND MAY BE CITED AS THE "WATER SUPPLY
ALTERNATIVES ACT".
37-82-202. Legislative declaration. (1) THE GENERAL ASSEMBLY HEREBY FINDS, DETERMINES, AND
DECLARES THAT:
(a) WATER RESOURCES IN COLORADO ARE NOT EVENLY DISTRIBUTED, STATE WATER LAW HAS
ALLOWED WATER TO BE TRANSPORTED FROM ONE NATURAL BASIN TO ANOTHER, AND THE TRANSPORT OF WATER
BEYOND THE BOUNDARIES OF NATURAL RIVER BA$INS POSES SPECIAL ENVIRONMENTAL AND ECONOMIC
PROBLEMS FOR SUCH BASINS;
(b) NUMEROUS AREAS OF THE STATE ARE AFFECTED OR MAY BECOME AFFECTED BY SUCH TRANSPORT
OF WATER BEYOND THE BOUNDARIES OF NATURAL RIVER BASINS AND SUCH TRANSPORT IS, THEREFORE, A
MATTER OF STATEWTDE CONCERN; AND
(c) THERE IS A NEED TO ASSURE THAT NATURAL RIVER BASINS WTLL NOT BE DEPRNED OF DIVERTED
WATER AND RETURN FLOWS THROUGH TRANSPORT TO OTHER AREAS ABSENT A CLEAR SHOWING THAT THE
ENTITY SEEKING TO TRANSPORT SUCH WATER HAS EXPLORED ALL REASONABLE ALTERNATNES TO SUCH
TRANSPORT.
37-82-203. Definitions. AS USED IN THIS PAjl.T 2, UNLESS THE CONTEXT OTHERWISE REQUIRES: .
(1) "APPLICANT" MEANS ANY PERSON, INCLUDING ANY PUBLIC, PRIVATE, OR GOVERNMENTAL ENTITY,
SEEKING WTTH RESPECT TO A PROPOSED WATER TRANSpORT:
(a) A DECREE FOR A WATER RIGHT OR CONDITIONAL WATER RIGHT, INCLUDING A DETERMINATION
THAT A CONDITIONAL WATER RIGHT HAS BECOME A WATER RIGHT BY REASON OF THE COMPLETION OF THE
APPROPRIATION; I
(b) A CHANGE OF A WATER RIGHT; :
(c) APPROVAL OF A PLAN FOR AUGMENT1TION;
. I.
(d) A FINDING OF REASONABLE DILIGENc;E; OR
(e) APPROVAL OF A PROPOSED OR EXISTING EXCHANGE OF WATER UNDER SECTION 37-80-120 OR
37~~~ . .
(2) "WATER TRANSPORT" MEANS THE REMOVAL OF WATER FROM ANY NATURAL RIVER BASIN OR ITS
TRIBUTARIES WTTHIN THE STATE OF COLORADO To' ANY OTHER NATURAL RIVER BASIN BY MEANS OF DIVERSION,
TRANSFER, EXPORTATION, IMPORTATION, STORAGE, EXCHANGE, LEASE, LOAN, CONTRACT, PURCHASE, SALE,
CONDEMNATION, OR OTHER MEANS OF ACQUISITION OF WATER FROM ANY SURFACE OR UNDERGROUND SOURCE,
INCLUDING TRIBUTARY GROUNDWATER, NONTRIBqTAIW DESIGNATED GROUNDWATER, AND NOT NONTRIBUT ARY
GROUNDWATER.
37-82-204. Alternatives analysis. (I) ANYiWATER TRANSPORT APPLICANT SHALL MAKE A DETAILED
STlJDY AND ANALYSIS OF ALL REASONABLE ALTERNA[IIVES TO THE PROPOSED WATER TRANSPORT, INCLUDING
CONSIDERATION OF THE COST, YIELD, RELIABILITY, AND ANY OTHER BENEFICIAL OR ADVERSE CONSEQUENCES
OF:
(a) WATER-SAVING MEASURES AND TECHNIQUES OF IMPLEMENTING THESE MEASURES, INCLUDING:
(I) WATER-EFFICIENT FIXTURES AND APPLIANCES, INCLUDING BUT NOT LIMITED TO TOILETS, URINALS,
SHOWERHEADS, AND FAUCETS;
(II) LOW-WATER-USELANDSCAPESAND.WA'tER-EFFICIBNTIRRIGATION; .
(III) WATER-EFFICIENT INDUSTRIAL AND COlylMERCIAL WATER-USING PROCESSES;
(N) WATER REUSE SYSTEMS, BOTH POTABLJiI AND NONPOTABLE;
(V) DISTRIBUTION SYSTEM LEAK REPAIR; ,