BOARD01432

• Board Meeting Date: 3/21/2002
• Description: CWCB Strategic Plan
• Board Meetings - Doc Type: Memo

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Statutory Authority of the Board and Board Staff

The Board's statutory authorities and responsibilities are defined in 37-60 and 37-92
C.RS. The specific authorities are further discussed below.

Water Supplv Protection

Sections 37-60-106 and 37-60-]]5 C.RS. (1990) set forth the statutory requirements for
the CWCB to protect the authority, interests and rights of the State and its citizens in
matters pertaining to interstate waters of the State of Colorado. Under these statutes, the
CWCB is required to cooperate with federal agencies and other states to better utilize the
waters ofthe State of Colorado, develop legislation to secure greater beneficial utilization
of these waters and recommend mitigation to maintain a balance between water
development and protection of the State's fish and wildlife resources. The Board also has
the authority to investigate and provide responses regarding activities of the federal
government and other state agencies that may affect the use and development of
Colorado's surface and groundwater water resources. The CWCB is responsible for
administration of major International Treaties, Interstate Compacts and U.S. Supreme
Court decisions impacting Colorado's Water Resources.

Section 37-92-102 C.R.S. requires applicants for Recreational In-channel Diversion water
rights to provide a copy of their application to the Board. The Board must review the
application and submit findings and recommendations to the water court within 90 days
of filing a Statement of Opposition. The Board must determine whether the water right
would promote the maximum beneficial use of water; impair the development of compact
entitlenients;the stream reach is appropriate and accessible; injure a CWCB instream
flow; and evaluate other appropriate factors set forth in the Board's rules.

Flood Protection

The Flood Protection Program is directed in 9 37-60-106(1) c.R.S. (1990) to prevent
flood damages, review and approve floodplain designations prior to adoption by local
government entities, and provide local jurisdictions with technical assistance and
floodplain information. In addition, an August 1, 1977 Executive Order requires the
CWCB and Land Use Commission to provide assistance to entities in meeting the
requirements of the National Flood Insurance Program.

Water Supply Planning and Finance

The CWCB Construction Fund was created by the Colorado General Assembly in 197 I
to provide low interest loans to water users in the development of water resource projects.
The fund and its use are governed by 937-60-121 through 125 C.RS. The CWCB
Construction Fund is a partially self-supporting revolving loan fund. Sources of revenue
are from the return of principal and interest on outstanding loans, interest eamed on the
cash balance of the fund through investments by the state Treasurer, mineral lease fund
distributions, and occasional cash transfers from the General Assembly. The types of
projects that are eligible for funding are specified by state statute.

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