2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › ADMINISTRATION (§§ 33-9-101 — 33-9-206) › Article 9 - ADMINISTRATION OF PARKS AND WILDLIFE (§§ 33-9-101 — 33-9-206) › Part 1 - GENERAL PROVISIONS (§§ 33-9-101 — 33-9-114) › Section 33-9-114 - Chatfield state park - water quality fee - Chatfield watershed authority - process for requesting a water quality fee - definitions - rules

(1)
As used in this section, unless the context otherwise requires:
(a)
"Chatfield watershed authority" means the Chatfield watershed authority established by an intergovernmental agreement executed pursuant to sections
29-1-203
and
29-1-204.2
and including the following members:
(I)
Jefferson county;
(II)
Douglas county;
(III)
The city of Littleton;
(IV)
The town of Castle Rock;
(V)
The town of Larkspur;
(VI)
Castle Pines metropolitan district;
(VII)
Centennial water and sanitation district;
(VIII)
Dominion water and sanitation district;
(IX)
Louviers water and sanitation district;
(X)
Perry Park water and sanitation district;
(XI)
Roxborough water and sanitation district;
(XII)
The city and county of Denver, acting by and through its board of water commissioners; and
(XIII)
The Plum Creek water reclamation authority.
(b)
"Fund" means the parks and outdoor recreation cash fund created in section
33-10-111 (1)
.
(c)
"Water quality fee" means a water quality fee established by rules promulgated by the commission pursuant to subsection (2) of this section.
(2)
(a)
On or before July 1, 2024, the commission shall promulgate rules establishing:
(I)
A process by which the Chatfield watershed authority may request that the commission create by rule a water quality fee to be collected by the division from visitors to Chatfield state park;
(II)
Criteria for approving a request for a water quality fee; and
(III)
Criteria for determining which visitors to Chatfield state park should be required to pay a water quality fee; except that in promulgating such rules, the commission shall ensure that the division shall not collect a water quality fee from a visitor who holds an annual or lifetime pass to visit state parks.
(b)
In promulgating rules pursuant to subsection (2)(a) of this section, the commission shall ensure that the amount of a water quality fee:
(I)
Is rounded to the nearest dollar; and
(II)
Does not exceed two dollars, except as described in subsection (4)(c) of this section.
(c)
On and after July 1, 2024, the commission may create a water quality fee pursuant to rules promulgated pursuant to this subsection (2).
(3)
The commission shall not unreasonably deny a request by the Chatfield watershed authority to create a water quality fee as described in subsection (2) of this section.
(4)
If the commission establishes a water quality fee pursuant to rules promulgated pursuant to subsection (2) of this section, the commission:
(a)
Shall require the Chatfield watershed authority to expend up to twenty-five percent, as determined by the commission, of the money received from the division pursuant to subsection (5)(a) of this section on water quality projects within the boundaries of Chatfield state park;
(b)
May include additional requirements and restrictions concerning the expenditure by the Chatfield watershed authority of money received from the division pursuant to subsection (5)(a) of this section on water quality projects inside the boundaries of Chatfield state park; and
(c)
Shall review the water quality fee on January 1, 2030, and on each January 1 every five years thereafter. After each such review, the commission may either:
(I)
Eliminate the water quality fee if the commission determines that the water quality fee is no longer necessary; or
(II)
Adjust the amount of the water quality fee to account for inflation or deflation. In calculating inflation or deflation, the commission shall use the United States department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers, or its applicable predecessor or successor index.
(5)
If the commission establishes a water quality fee pursuant to rules promulgated pursuant to subsection (2) of this section:
(a)
The division shall collect the water quality fee on and after January 1, 2025, in the manner prescribed by rules of the commission. Except as described in subsection (5)(c) of this section, the division shall transfer the total amount of money collected as water quality fees to the state treasurer, who shall credit the money to the fund. Money in the fund that was collected as water quality fees is continuously appropriated to the department for allocation to the division for purposes described in this section.
(b)
Beginning July 1, 2025, and each six months thereafter, except as described in subsection (5)(c) of this section, the division shall pay to the Chatfield watershed authority the total amount of money collected as water quality fees during the preceding six months. The money shall be paid from the fund.
(c)
The division shall annually perform an analysis to determine the net incremental costs incurred by the division in collecting and administering the water quality fee. The division may retain a portion of the amount of money collected as water quality fees to pay such costs; except that the division shall not retain more than three and one-third percent of such money.
(6)
The Chatfield watershed authority shall expend the money received from the division pursuant to subsection (5)(b) of this section to support water quality projects, including projects that provide for the construction, operation, and maintenance of nonpoint source projects, water quality monitoring, and urban runoff and erosion management and control.
Added by 2023 Ch. 397,§ 2, eff. 8/7/2023.
2023 Ch. 397, was passed without a safety clause. See Colo. Const. art. V, § 1(3).