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<br />37-60-119
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<br />_ Water and Irrigation
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<br />804
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<br />Cross references: For the "Water Resources Planning Act", see U.S.C.A.. title 42, chapter 19B,78
<br />Stat. 244,
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<br />37-60-119. Construction of water and power facilities - contracts with and charges
<br />against users. (1) In order to promote the general welfare and safety of the citizens of
<br />this state and to protect the allocation of interstate waters to the state. the board may, sub-:
<br />jeet to the provisions in section 37~60-122, construct, rehabilitate, enlarge, or improve, or
<br />.Joan moneys to enable the construction, rehabilitation, enlargement, or improvement o~
<br />such flood control, water supply, and hydroelectric energy facilities, excluding domestic
<br />water treatri:Ient and distribution systems. together with related recreational facilities, in
<br />whole or in part, as will, in the opinion of the board, abate floods or conserve, effect more
<br />efficient use at develop, or protect the water and hydroelectric energy resources and sup~
<br />plies of the state of Colorado, In carrying out such program, the board is directed to place
<br />special emphasis upon the adoption and incorporation of measures which will encourage
<br />the conservation and more efficient use of water, including the installation of water meters
<br />or such other measuring and control devices as the board deenisappropriate in each par-
<br />ticular case, ' .
<br />(2) The board may, subject to the provisions in section 37-60-122. enter rr{to contracts
<br />for the use at or to loan moneys to enable the construction. rehabilitation. enlargement, or
<br />improvement ot said flood control, water, power, and any related recreational facilities,
<br />excluding domestic water treatment and distribution systems, with any agency or political
<br />subdivision of this state or the federal government, with individuals, with corporations, or
<br />with organizations composed 'of citizens of this state, Any such contracts may provide for
<br />such charges to the using entity as, "in the opinion of the board, are necessary and reason-
<br />able to recover the board's capital investment, together with operational, maintenance, and
<br />interest charges over the term of years agreed upon by contract. Interest charges shall be
<br />recommended by the board at between zero and seven percent on the basis of the' project
<br />sponsor's ability to pay and the significance of the project to the development and protec-
<br />tion of the water supplies of the state:Any such charges so collected shall be credited to and
<br />made a part of the Colorado water conservation board construction fund, ,
<br />(3) To promote the efficient management and operation of agricultural and multipur-
<br />pose water systems, the board is authorized to expend up to five hundred thousand dollars
<br />as demonstration grants on a fifty percent cost sharing basis for projects to improve water
<br />management or to reduce the operational costs. of such systems.
<br />
<br />Source: L. 71: p,1343, ~ 2, CR.S. 1963: ~ 149-1-19. L. 78: Entire section R&RE, p, 465, ~
<br />1, effective May 4. L. 79: Entire section amended, p, 1361, ~ 1. effective July 1. L. 81: (2)
<br />amended, p:1768, ~ 2, effective June 16, L. 84: Entire section amended, p. 958, ~ 9, effective
<br />May 21. L. 86: Entire section amended, p. 1085, ~ 6, effective April 24, L. 92: Entire section
<br />amended,p. 2283, ~ 3, effective May 27. L. 96: (3) a~ended, p.1223, ~ 25, effective August 7,
<br />
<br />Cross references: For the legislative declaration contained in the 1996 act amending subsection (3),
<br />see section 1 of chapter 237, Session Laws of Colorado 1996.
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<br />37-60.120. Control of projects - contractnal powers of board. (1) The state of Col-
<br />orado shall have the ownership and control of such portions of said projects, or shall take a
<br />sufficient security interest in property Of take such bonds, notes. or other securities evi-
<br />dencing an obligation. as will assure repayment of funds made available by section 37-60.
<br />119. Any security interest in property taken under this subsection (1) may be perfected and
<br />enforced in the same manner as security interests under article 9 of title 4, CR.S" notwith-
<br />standing any provision of section 4-9-104, CR.S, The board is empowered to enter into con-
<br />tracts which are. in its opinion, necessary for the maintenance and continued operation of
<br />such projects. "
<br />(2) The sponsor of a project may not initiate or incur costs for final designs and specifi-
<br />cations for a project. nor award a contract for, proceed with, or in any manner incur costs
<br />for construction of a project, until such sponsor has complied with all procedures and
<br />requirements of the board, If a sponsor fails to comply with the board's procedures and
<br />requirements, the board may, at its discretion, withhold or terminate all or a portIOn of the
<br />board's financial contribution to or loan for a project, notwithstanding the authorization of
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