2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › SOIL CONSERVATION (§§ 35-70-101 — 35-73-108) › CONSERVATION DISTRICTS (§§ 35-70-101 — 35-70-122) › Article 70 - CONSERVATION DISTRICTS (§§ 35-70-101 — 35-70-122) › Section 35-70-103 - State conservation board - composition - powers

(1)
(a)
There is created in the department of agriculture the state conservation board, referred to in this article 70 as the "state board", which consists of nine members. The state board is a
type 1
entity, as defined in section
24-1-105
. One member of the state board must be a qualified elector of the state appointed by the governor from the state at large. The remaining eight positions on the state board shall be filled by elections held within the areas described in this section. The boards of supervisors of local conservation districts within each such area shall elect the number of members specified in this subsection (1). An election must be held between November 1 and December 31 of the year preceding the commencement of a new term for each position. A candidate must be or have been an elected supervisor of a local conservation district. The number of members to be elected and the areas from which they are to be elected are as follows:
(I)
The White-Yampa and North Platte river watersheds, one member;
(II)
The San Juan basin, one member;
(III)
The Arkansas river watershed, two members, one from the upper Arkansas river watershed and one member from the lower Arkansas river watershed;
(IV)
The Rio Grande watershed, one member;
(V)
The Republican and South Platte river watersheds, two members, one from the upper South Platte river watershed and one member from the Republican river and lower South Platte river watersheds;
(VI)
The Colorado, Gunnison, and Dolores river watersheds, one member.
(b)
The state board created in paragraph (a) of this subsection (1) shall, on and after July 1, 2000, execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations vested in the former state board in the department of natural resources. On July 1, 2000, all employees of the former state board whose principal duties are concerned with the duties and functions transferred to the state board created in paragraph (a) of this subsection (1) and whose employment in the former state board is deemed necessary by the commissioner of agriculture to carry out the purposes of this article shall be transferred to the state board created in paragraph (a) of this subsection (1) and shall become employees thereof. Such employees shall retain all rights to the state personnel system and retirement benefits under the laws of this state, and their services shall be deemed to have been continuous. All transfers and any abolishment of positions in the state personnel system shall be made and processed in accordance with state personnel system laws and rules.
(c)
On July 1, 2000, all items of property, real and personal, including office furniture and fixtures, books, documents, and records of the former state board in the department of natural resources pertaining to the duties and functions transferred to the state board in the department of agriculture shall become the property of the state board created in paragraph (a) of this subsection (1).
(d)
All contracts entered into by the former state board prior to July 1, 2000, in connection with the duties and functions transferred to the state board, created in paragraph (a) of this subsection (1), are hereby validated. Any appropriations of moneys for the fiscal year beginning July 1, 2000, and from prior fiscal years open to satisfy obligations incurred under such contracts are hereby transferred and appropriated to the state board created in paragraph (a) of this subsection (1) for the payment of such obligations.
(e)
All rules, regulations, rates, orders, agreements, and awards of the state board lawfully adopted prior to July 1, 2000, shall continue to be effective until revised, amended, repealed, or nullified pursuant to law.
(2)
All elected and appointed members shall hold office for terms of four years; except that the terms shall be staggered so that no more than three members' terms expire in the same year. The term of an elected member commences on January 1 following the member's election.
(3)
(a)
Any vacancies occurring in the elective positions on the state board shall be filled by the board by the appointment of a person who would be qualified to stand for election for the board and who is from the same area in which the vacancy occurred, and such appointee shall hold office until the expiration of the term of the office to which he was appointed.
(b)
The director of extension work, the director of the state experiment station, the commissioner of agriculture, and the executive director of the department of natural resources shall serve in an advisory capacity to the state board at its request.
(4)
Members of the state board shall serve without pay except for their actual traveling and living expenses while on official business of the state board.
(5)
The state board has the following powers and duties:
(a)
To promote and assist in the organization of conservation districts in any section of the state where erosion damage exists or is threatened;
(b)
To accept petitions for the organization of conservation districts and to examine such petitions, determine their sufficiency, and find whether, in its judgment, the organization of such districts is required for the preservation of the health, prosperity, and welfare of the state of Colorado and its people. If, in the opinion of the state board, it is for the best interests of the state that such districts be organized, it shall proceed to hold a hearing and call an election of the landowners within such proposed district, as provided in section
35-70-105
.
(c)
To prepare and present to the qualified voters uniform bylaws for the conduct of the business of such districts; but, before such bylaws become effective as to any district, they shall first be approved by the qualified voters within each district. Any bylaws so presented and approved shall be consistent with all the provisions of this article.
(d)
To act in an advisory capacity with the board of supervisors of each district and to coordinate the programs of all conservation districts;
(e)
To act as the state board of appeals;
(f)
To prepare a uniform and adequate system of accounting for districts, which may be adopted and used by all districts within the state;
(g)
To administer and disburse any funds that may be made available to the state board for the purpose of assisting conservation districts in the conservation of soil and water resources of the state of Colorado and to defray expenses of the state board and its duly appointed or employed agents in carrying out the provisions of this article;
(h)
To loan money to conservation districts to assist such districts in furthering the purposes of this article, such loans to be in such amounts and for such terms as the state board may prescribe by rule in order to fully protect the funds and interest of the state board.
(6)
In addition to the powers and duties granted to the state board in other sections of this article, the board has the following powers and duties:
(a)
To undertake studies of watershed planning and to undertake development of watershed flood prevention and underground water storage projects, both on its own initiative and in response to requests submitted to the board by one or more soil or water conservation districts, flood prevention or control districts, boards of county commissioners, municipalities, drainage or irrigation districts, or other legally constituted bodies having authority under state law to carry out, maintain, and operate the works of improvement;
(b)
To hold public hearings at any point within or without each proposed watershed for the purpose of determining the extent of public interest, the degree of anticipated cooperation, and any other data and information needed by the state board in making decisions as to each project;
(c)
To plan, in cooperation with the United States government or any of its agencies, the state of Colorado or any of its political subdivisions, and private individuals or corporations, conservation districts, and others, watershed improvement, underground water storage and flood prevention projects, conservation and erosion control practices, and other projects not inconsistent with this article;
(d)
Within the limits of available funds, to administer, direct, and operate such watershed improvement, underground water storage and flood prevention projects, conservation and erosion control projects, and other similar activities;
(e)
To administer and expend funds made available to the state board by the United States government or any of its agencies or by the state of Colorado or any of its political subdivisions or funds derived from any other source for the purpose of planning, developing, and putting into operation practices and projects undertaken in accordance with this subsection (6);
(f)
To obtain options upon and to acquire, or acquire control of, by purchase, exchange, lease, gift, grant, bequest, devise, or otherwise, any property, real or personal, or rights or interests therein; to maintain, administer, and improve any properties acquired, to receive income from such properties, and to expend such income in carrying out the purposes and provisions of this article; and to sell, lease, or otherwise dispose of any of its property or interests therein in furtherance of the purposes and provisions of this article;
(g)
To erect suitable structures and maintain any facilities, so as to arrest or prevent the erosion of soils or lands, to improve the watershed and prevent floods, and to increase underground water reserves, with due consideration to established water rights;
(h)
To accept grants, services, and materials and to borrow money from the United States or from any corporation or agency created or designed by the United States to lend or grant money, or from the state of Colorado or any of its subdivisions, or from any other source; but in no event shall the state board pledge the faith or credit of the state of Colorado or any county or other political subdivision. In connection with such grants or loans, it may enter into such agreements or contracts as may be required for such purposes.
(i)
To report annually at such times and on such matters as the commissioner of agriculture may require. Publications circulated in quantity outside the executive branch are subject to the approval and control of the commissioner of agriculture.
(j)
To place any funds it receives pursuant to paragraph (e) of this subsection (6) into a trust and to administer and expend any moneys in such trust.
Amended by 2022 Ch. 469, § 153, eff. 8/10/2022.
Amended by 2022 Ch. 2, § 108, eff. 2/25/2022.
L. 37: p. 1170, § 3. CSA: C. 149A, § 3. L. 41: p. 689, § 1. L. 45: p. 624, § 1. L. 49: p. 663, § 1. CRS 53: § 128-1-3. L. 55: p. 848, § 2. L. 59: p. 709, § 1. C.R.S. 1963: § 128-1-3. L. 64: p. 172, § 140. L. 73: p. 1353, § 1. L. 77: (5)(e) amended, p. 289, § 68, effective June 29. L. 82: (1)(c) and (1)(e) amended and (6)(j) added, p. 527, §§ 1, 2, effective 1/1/1983. L. 2000: (1) and (6)(i) amended, p. 558, § 8, effective July 1. L. 2002: IP(1)(a), (5)(a), (5)(d), (5)(g), (5)(h), and (6)(c) amended, pp. 515, 519, §§ 8, 17, effective July 1. L. 2011: (2) amended, (HB 11 -1040), ch. 47, p. 123, § 1, effective August 10.
2022 Ch. 469, was passed without a safety clause. See Colo. Const. art. V, § 1(3).