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<br />Both the state and local project sponsors have expended a <br />considerable sum of money and a great amount of time in preparing the <br />feasibility reports for each of the projects. By continuing the <br />preparation of further feasibility reports for other projects in light <br />of the present circumstances, it appears that we will only be practicing <br />a deception upon the various communities and entities of this state who <br />rely on the existing state law authorizing this board to construct <br />small projects. We therefore feel that we must discontinue any further <br />activity involving the board's construction fund. <br /> <br />2. Senate Bill No. 36. This bill amends the Colorado Water <br />Conservation Board Construction Fund statute. Under the existing law, <br />any balance in the construction fund in excess of 10 million dollars <br />reverts to the general fund. We have had difficulty in interpreting <br />the meaning of the word "balance". Under true accounting practices, <br />accounts receivable are part of the fund balance. Since accounts <br />receivable will always be the major part of the fund, it did not seem <br />to us that it would be possible to have accounts receivable revert to <br />the general fund. We therefore requested legislative clarification of <br />the word "balance". <br /> <br />Senate Bill 36 amended the existing law to change the word <br />"balance" to "cash balance". Since we would rarely have a cash <br />balance in excess of 10 million dollars in the fund, the amendment has <br />the practical effect of removing any limitation on the amount of money <br />which can be appropriated to the fund. In view of the fact that we <br />have received no funding for the p,ast two years, it now seems to be a <br />moot question as to how the word 'balance" is interpreted. Ironically <br />enough however, the bill passed the General Assembly with broad support, <br />and has now been signed into law by the Governor. A copy of the new <br />law is enclosed herewith. <br /> <br />3. Senate Bill 29. This bill amended the duties of the <br />board to provide that the board will have the responsibility to "assist <br />in formulating a response to the plans, purposes, procedures, require- <br />ments, laws, proposed laws or other activities of the federal govern- <br />ment and other states which affect or might affect the use or development <br />of the water resources of this state". Previously, the statute merely <br />provided that this board should investigate such plans, purposes, <br />et cetra, and said nothing about formulating a response. That bill has <br />also been enacted into law by the General Assembly and approved by the <br />Governor. A copy of the act is enclosed herewith. <br /> <br />4. Senate Bill 126. This bill would amend the Land Use Act <br />to provide that the Colorado Water Conservation Board shall "coordinate <br />and prescribe the standards for all floodplain studies conducted under <br />the Land Use Act, including those conducted by federal, local or other <br />state agencies, to the end that reasonably uniform standards can be <br />applied to the identification and designation of all floodplains within <br />the state and to minimize duplication of effort". We have been having <br />a great deal of difficulty with conflicting floodplain studies done by <br />various agencies, and particularly those done by the Federal Insurance <br />Administration. An explanation of this bill was previously sent to <br /> <br />Memorandum <br /> <br />-2- <br /> <br />2492 <br /> <br />April 14, 1977 <br />