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<br />Colorado Water Conservation Board
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<br />37-60-122
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<br />37-60-UL1. Reserved rights litigation fund. (1) The general assemblv hereby recog-
<br />nizes that the claims of various agencies and organizations of the federai" government to
<br />waters of the state of Colorado represent a claim to waters heretofore claimed by appro-
<br />priators of the state of Colorado who have relied on the doctrine of prior appropriation to
<br />protect their property rights in and to those waters lawfully appropriated or acquired. The
<br />general assembly recognizes the need to take all actiOns necessary to protect such valuable
<br />property rights of its citizens, including the establishment of the fund as set forth in this
<br />section.
<br />(2) (a) There is hereby established a reserved rights litigation fund in the office of the
<br />state treasurer to be utilized by the department of law for resolution of reserved rights
<br />claims. Moneys credited to said fund shall be expended by the attorney general only upon
<br />authorization by the general assembly and conSIstent with the provisions of this section.
<br />The controller. upon presentation of vouchers properly drawn and signed by the attorney
<br />general or an authorized employee of the department of law, shall issue warrants drawn on
<br />said fund. All moneys so deposited in the reserved rights litigation fund shall remain in said
<br />fund to be used for the purposes set forth in this section and shall not revert to the Col-
<br />orado water conservation board construction fund. the general fund, Or any other fund at
<br />the end of the year, except as directed by the general assembly. All interest earned from the
<br />investment of moneys in the reserved rights litigation fund shall be credited to and become
<br />a part of the Colorado water conservation board cOnstruction fund created by section 37-
<br />60-121.
<br />(b) Notwithstanding any provision of paragraph (a) of this subsection (2) to the con-
<br />trary, on July 1,1998, the state treasurer shall deduct one million dollars from the reserved
<br />rights litigation fund and transfer such sum to the qpital account of the species conserva-
<br />tion trust fund created in section 24-33-111 (2), C.R.S.' .," ' ,
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<br />Source: L. 82: Entire section added, p. 538, ~ 1. effective April 9. L. 98: (2) amended, p.
<br />1003, ~ 4, effective May 27.
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<br />37-60-U2. General asSembly approval. (1) FUnds in the Colorado water conservation
<br />board construction fund shall be expended in the fOllowing manner and under the follow-
<br />ing circumstances: . . '. . . .
<br />(al Repealed. " ,
<br />(b) The general assembly may authorize such ptojects as it deems to be to the ,adva\,-
<br />tage of the people of the state of Colorado and shall direct the board to proceed WIth saId
<br />projects,in the priorities established by the general 4ssembly,under terms approved by the
<br />general assembly. ' ," ',. ,." , " '
<br />(c) , In order to determine the ,economic and engineering feasibility of any project pro-
<br />posed to be constructed from funds provided in whl)le or in part from the Colorado water
<br />conserVation board construction fund, the board shall cause a feasibility report, to be pre-
<br />pared' on such proposed project if, in the discretion 'of the board, it appears to qualify for
<br />consideration under section 37-60,119. The board may a1so cause a feasibility report to be
<br />prepared oil any other water project proposed in thill state whether funded by the Colorado
<br />water coqservation board construction fund or by' any othersource or entity or federal or
<br />state agency, and the board shall cooperate with any such entity or federal or state agency
<br />in the pJanning of such project. The board shall also cause any feasibility study to be made
<br />at the direction of the general assembly, For all such feasibility in"estigations,'theboard is
<br />authorized to commit or expend on a continuing basis ten percent of the moneys appropri-
<br />ated, credited, or otherwise applied to the construCtion fund authorized by section 37-60-
<br />121 prior to the execution and approval of aily contract contemplated by paragraph (a) of
<br />this subsection (1); except that the Cilst of any feasibility investigation shall be considered a
<br />part of the total project cost if such project is subsequently constructed.. -':
<br />(2) When a feasibility report prepared pursuant to paragraph (c) of subsection (1) of
<br />this section is'funded in part by anentity or agency other than the board, then the board
<br />may, at its discretion and, subject to such prQcedures as it deems appropriate, have such enti-
<br />ty or agency select an engineer to provide the professional services needed to prepare such
<br />report, notwithstanding the provisions of part 14 of article. 30 of title 24, c.R.S,
<br />(3) When design and construction of a project authorized pursuant to paragraph (b) of
<br />subsection (1) of this section is funded in part by an entity 'or agency other than the board,
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