2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION BOARD AND COMPACTS (§§ 37-60-101 — 37-75-107) › GENERAL AND ADMINISTRATIVE (§§ 37-60-101 — 37-60-201) › Article 60 - COLORADO WATER CONSERVATION BOARD (§§ 37-60-101 — 37-60-201) › Part 1 - GENERAL PROVISIONS (§§ 37-60-101 — 37-60-135) › Section 37-60-106.3 - [Effective 8/7/2024] State water plan - legislative declaration - grant program

(1)
State water plan.
The board shall adopt and update, as warranted, a state water plan. In exercising its authority pursuant to this section, executive order D2013-005, or any analogous successor order directing the board to adopt or amend a state or Colorado water plan, the board shall comply with all requirements of this section.
(2)
Legislative declaration.
Because the constitution vests all legislative power of the state in the general assembly, the general assembly:
(a)
Finds that the primary purpose of a state water plan is to determine state policy regarding the optimal conservation and development of Colorado's water resources;
(b)
Determines that the general assembly is primarily responsible for guiding the development of state water policy; and
(c)
Declares that enactment of this section is necessary to protect the interests of the public in the state's water resources and that in enacting this section, the general assembly intends to engage the people of the state in a public dialogue regarding optimum state water policy; affirm its delegation of policy-making authority to the board, subject to direction by the general assembly; and not interfere with, but instead to promote the policies, processes, basin roundtable plans, and interbasin compact negotiations conducted pursuant to the "Colorado Water for the 21st Century Act", article
75
of this title 37, and the interbasin compact charter as approved by the general assembly acting by bill as specified in section
37-75-105 (2)
.
(3)
Development of plan.
In exercising its authority pursuant to this section, the board shall:
(a)
Develop the state water plan with the involvement of the public and the basin roundtables, as created in section
37-75-104 (3)(b)
, and provide opportunities for public comment before adopting any final or significantly amended plan; and
(b)
Notify the water resources and agriculture review committee created in section
37-98-102
of any proposed significant amendments to the plan, as determined by the board, by June 1 of any year in which the amendment is proposed to be adopted; present the proposed amendment to the committee by August 1 of that year; and consider the committee's feedback submitted pursuant to section
37-98-103 (6)(c)
by November 1 of that year.
(4)
Legislation.
By November 1 of each year following the submission to the water resources and agriculture review committee of a state water plan or amendment pursuant to this section, any member of the general assembly may make a request in writing to the chairperson of the water resources and agriculture review committee that the committee hold one or more hearings to review the plan or amendment as submitted to the water resources and agriculture review committee. Upon receipt of the request, and notwithstanding the provisions on meetings set forth in section
37-98-102 (1)(a)(I)
, the chairperson of the committee shall promptly schedule a hearing to conduct the review and provide adequate notice to the public and the board. The committee, after holding a public hearing, may recommend the introduction of a bill or bills based on the results of the review. A bill recommended by the committee for consideration under this subsection (4) does not count against the number of bills to which either the committee or the members of the general assembly are limited by law or joint rule of the senate and the house of representatives.
(5)
Policy.
A state water plan, whether or not the subject of a bill introduced pursuant to subsection (4) of this section, is only a policy, is not a rule, and does not have the force or effect of law.
(6)
Water plan implementation grant program.
The board may approve grants pursuant to the following requirements:
(a)
Eligible applicants are limited to:
(I)
Governmental entities, including covered entities, as defined in section
37-60-126 (1)(b)
, if the covered entity has adopted an approved water conservation plan; municipalities; districts; enterprises; counties; cities and counties; and state agencies; and
(II)
Private entities, including mutual ditch companies, nonprofit corporations, and partnerships.
(b)
Eligible projects are limited to:
(I)
Water storage and supply projects, including projects that facilitate the development of additional storage, artificial recharge into aquifers, dredging existing reservoirs to restore the reservoirs' full decreed storage capacity, multi-beneficial use projects, and those projects identified in basin implementation plans to address the water supply and demand gap;
(II)
Conservation and land use projects, including activities that implement long-term strategies for water conservation, land use, and drought planning;
(III)
Engagement and innovation activities, including activities that support water education, outreach, and innovation efforts;
(IV)
Agricultural projects, including projects that provide technical assistance or improve agricultural water efficiency; and
(V)
Environmental and recreation projects, including projects that promote watershed health, environmental health, and recreation.
(c)
The board shall establish criteria that require matching funds of at least twenty-five percent; except that:
(I)
The board may award grants in 2021 and 2022 with reduced matching fund requirements; and
(II)
In the case of a grant to the Ute Mountain Ute Tribe or the Southern Ute Indian Tribe, including all subdivisions or subsidiaries of, and business enterprises wholly owned by, either tribe, the board shall reduce or waive fund matching requirements.
(d)
The board shall evaluate each eligible project grant application based on the following criteria:
(I)
Conformity with the criteria for state support specified in section 9.4 of the state water plan, entitled "Framework for a More Efficient Permitting Process", as amended;
(II)
Alignment with the applicable basin implementation plan;
(III)
The impact of the proposed project, with preference given to projects that have multiple benefits and multiple purposes and involve multiple stakeholders; and
(IV)
The anticipated project start date.
Amended by 2024 Ch. 276,§ 8, eff. 8/7/2024.
Amended by 2023 Ch. 14, § 4, eff. 8/7/2023.
Amended by 2022 Ch. 59, § 5, eff. 8/10/2022.
Amended by 2021 Ch. 331, § 2, eff. 6/24/2021.
Added by 2019 Ch. 121, § 1, eff. 4/17/2019.
L. 2019: Entire section added with relocations, (SB 19-212), ch. 522, p. 522, § 1, effective April 17. L. 2021: (6)(c) amended, (HB 21-1260), ch. 2141, p. 2141, § 2, effective June 24.
This section is similar to former § 37-60-106 (1)(u) as it existed prior to 2019.
2024 Ch. 276, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Ch. 14, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
For the legislative declaration in HB 21-1260, see section 1 of chapter 331, Session Laws of Colorado 2021.