reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHT DETERMINATION AND ADMINISTRATION (§§ 37-92-101 — 37-92-602) › Article 92 - WATER RIGHT DETERMINATION AND ADMINISTRATION (§§ 37-92-101 — 37-92-602) › Part 3 - DETERMINATION AND ADMINISTRATION OF WATER RIGHTS (§§ 37-92-301 — 37-92-311) › Section 37-92-306 - Priorities junior to prior awards - when

With respect to each division described in section
37-92-201
, the priority date awarded for water rights or conditional water rights adjudged and decreed on applications for a determination of the amount and priority thereof filed in such division during each calendar year shall establish the relative priority among other water rights or conditional water rights awarded on such applications filed in that calendar year; but such water rights or conditional water rights shall be junior to all water rights or conditional water rights awarded on such applications filed in any previous calendar year and shall also be junior to all priorities awarded in decrees entered prior to June 7, 1969, or decrees entered in proceedings which were pending on such date; except that, with respect to water rights which are diverted by means of wells, the priorities for which have not been established or sought in any such decree or proceeding, if the person claiming such a water right files an application for determination of water right and priority not later than July 1, 1972, and such application is approved and confirmed, such water right, subject to the provisions of section
37-92-305(1)
, shall be given a priority date as of the date of actual appropriation and shall not be junior to other priorities by reason of the foregoing provision.
L. 69: p. 1212, § 1. C.R.S. 1963: § 148-21-22. L. 71: p. 1333, § 1.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHT DETERMINATION AND ADMINISTRATION (§§ 37-92-101 — 37-92-602) › Article 92 - WATER RIGHT DETERMINATION AND ADMINISTRATION (§§ 37-92-101 — 37-92-602) › Part 3 - DETERMINATION AND ADMINISTRATION OF WATER RIGHTS (§§ 37-92-301 — 37-92-311) › Section 37-92-306.1 - Relation back of priority date

(1)
Except in the case of applications for adjudication of groundwater, notwithstanding the provisions of section
37-92-306
, the filing date of an application for a water right or conditional water right involving the same source of water and derived from the same point of diversion from the same stream as a prior application for a water right or conditional water right filed in the preceding year by a different applicant may relate back to the date of filing of that prior application if:
(a)
The subsequent applicant timely filed a statement of opposition to the prior application; and
(b)
The subsequent application was made within sixty days of the prior application.
L. 81: Entire section added, p. 1789, § 3, effective July 1.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHT DETERMINATION AND ADMINISTRATION (§§ 37-92-101 — 37-92-602) › Article 92 - WATER RIGHT DETERMINATION AND ADMINISTRATION (§§ 37-92-101 — 37-92-602) › Part 3 - DETERMINATION AND ADMINISTRATION OF WATER RIGHTS (§§ 37-92-301 — 37-92-311) › Section 37-92-307 - [Repealed]

L. 69: p. 1212, § 1. C.R.S. 1963: § 148-21-23. L. 71: p. 1334, §§ 1, 2. L. 74: Entire section R&RE, p. 440, § 1, effective May 7. L. 77: Entire section repealed, p. 1704, § 6, effective June 19.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHT DETERMINATION AND ADMINISTRATION (§§ 37-92-101 — 37-92-602) › Article 92 - WATER RIGHT DETERMINATION AND ADMINISTRATION (§§ 37-92-101 — 37-92-602) › Part 3 - DETERMINATION AND ADMINISTRATION OF WATER RIGHTS (§§ 37-92-301 — 37-92-311) › Section 37-92-311 - Industrial hemp cultivation allowed under an agricultural water right

A person with an absolute or conditional water right decreed for agricultural use may use the water subject to the agricultural water right for any product authorized for growth and cultivation by title 35.
Amended by 2017 Ch. 264,§ 120, eff. 5/25/2017.
Added by 2017 Ch. 221,§ 2, eff. 5/21/2017.
L. 2017: Entire section added, (SB 17-117), ch. 221, p. 857, § 2, effective May 21; entire section amended, (SB 17-294), ch. 264, p. 1418, § 120, effective May 25.
For the legislative declaration in SB 17-117, see section 1 of chapter 221, Session Laws of Colorado 2017.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHT DETERMINATION AND ADMINISTRATION (§§ 37-92-101 — 37-92-602) › Article 92 - WATER RIGHT DETERMINATION AND ADMINISTRATION (§§ 37-92-101 — 37-92-602) › Part 5 - REGULATION OF WATER - VIOLATIONS (§§ 37-92-501 — 37-92-504) › Section 37-92-501.5 - Special procedures with respect to plans for augmentation

Consistent with the decisions of the water judges establishing the basis for approval for plans for augmentation and for the administration of groundwater, the state engineer and division engineers shall exercise the broadest latitude possible in the administration of waters under their jurisdiction to encourage and develop augmentation plans and voluntary exchanges of water and may make such rules and regulations and shall take such other reasonable action as may be necessary in order to allow continuance of existing uses and to assure maximum beneficial utilization of the waters of this state. In so doing, the state engineer shall curtail all out-of-priority diversions, the depletions from which are not so replaced as to prevent injury to vested water rights.
L. 77: Entire section added, p. 1704, § 5, effective June 19.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHT DETERMINATION AND ADMINISTRATION (§§ 37-92-101 — 37-92-602) › Article 92 - WATER RIGHT DETERMINATION AND ADMINISTRATION (§§ 37-92-101 — 37-92-602) › Part 5 - REGULATION OF WATER - VIOLATIONS (§§ 37-92-501 — 37-92-504) › Section 37-92-504 - Treble damages

Any person who is damaged in his business or property by reason of the violation of an order issued pursuant to section
37-92-502
, the violation of which has been properly enjoined pursuant to section
37-92-503
, may bring an action against any person who has violated said order in any district court of competent jurisdiction and recover threefold the damages sustained and the cost of suit, including reasonable attorney fees.
L. 69: p. 1218, § 1. C.R.S. 1963: § 148-21-37.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHT DETERMINATION AND ADMINISTRATION (§§ 37-92-101 — 37-92-602) › Article 92 - WATER RIGHT DETERMINATION AND ADMINISTRATION (§§ 37-92-101 — 37-92-602) › Part 6 - APPLICATION OF ARTICLE (§§ 37-92-601 — 37-92-602) › Section 37-92-601 - Disposition of pending proceedings - showings of reasonable diligence

All proceedings pending on June 7, 1969, for the adjudication of water rights, for a change of water rights, or for the disposition of other matters which are of the type to be handled by proceedings provided for in this article shall be concluded by June 1, 1972, in accordance with the provisions of the statute under which they are instituted, and priorities and changes of water rights which are determined in such pending proceedings shall be integrated by the various division engineers in their current records and shall be included in tabulations prepared by the division engineers pursuant to the provisions of this article. Any such proceedings which are not concluded by June 1, 1972, shall be heard from that time on to completion by the water judge for the division in which the proceedings are pending, under procedures provided for in this article; except that the chief justice of the supreme court may provide that a judge, other than the water judge, shall complete proceedings in specific cases. Persons who have filed statements of claim in such pending proceedings may withdraw therefrom at any time and file applications or otherwise proceed in accordance with this article. Showings of reasonable diligence under existing conditional decrees or conditional decrees entered in such pending proceedings shall be made in accordance with the provisions of this article, but the time shall be tolled during any period in which the water judge finds the applicant was prevented from filing by reason of conditions beyond his control. Applications for findings of reasonable diligence shall be filed with the water clerk pursuant to the terms of this article. When and if a conditional water right awarded in any such conditional decree becomes a water right pursuant to the procedures in this article, the priority awarded such water right shall be the same as if the proceedings in which the conditional decree was entered had remained open until the final determination with respect to such water right.
L. 69: p. 1218, § 1. C.R.S. 1963: § 148-21-44. L. 70: p. 433, § 5. L. 71: p. 1339, § 1. L. 73: p. 1523, § 3. L. 90: Entire section amended, p. 1626, § 3, effective April 13.
For making application for the determination of a water right, see § 37-92-302(1).
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › RIVER BASIN AUTHORITIES (§ 37-93-101) › Article 93 - [Repealed] (§ 37-93-101) › Section 37-93-101 - to 37-93-108 - [Repealed]

L. 87: Entire article repealed, p. 1307, § 1, effective May 20.
This article was numbered as article 22 of chapter 148, C.R.S. 1963.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RESOURCES AND POWER DEVELOPMENT (§§ 37-95-101 — 37-95-123) › Article 95 - COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY (§§ 37-95-101 — 37-95-123) › Section 37-95-101 - Short title

This article shall be known and may be cited as the "Colorado Water Resources and Power Development Authority Act".
L. 81: Entire article added, p. 1794, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RESOURCES AND POWER DEVELOPMENT (§§ 37-95-101 — 37-95-123) › Article 95 - COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY (§§ 37-95-101 — 37-95-123) › Section 37-95-102 - Legislative declaration

(1)
It is hereby declared to be the public policy of the state to preserve, protect, upgrade, conserve, develop, utilize, and manage the water resources of the state, to promote the beneficial use of waters of the state for the protection and preservation of the public health, safety, convenience, and welfare, to create or preserve jobs and employment opportunities or to improve the economic welfare of the people of the state, and to assist and cooperate with governmental agencies in achieving such purposes. In furtherance of such public policy, the Colorado water resources and power development authority is created in this article to initiate, acquire, construct, maintain, repair, and operate projects or cause the same to be operated pursuant to a lease, sublease, or other agreement with any person or governmental agency and may issue its bonds and notes payable solely from revenues to pay the cost of such projects.
(2)
The general assembly finds and declares that the authority and powers conferred under this article and the expenditures of public moneys pursuant thereto constitute a serving of a valid public purpose and that the enactment of the provisions set forth in this article is in the public interest and is hereby so declared to be such as a matter of express legislative determination.
L. 81: Entire article added, p. 1794, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RESOURCES AND POWER DEVELOPMENT (§§ 37-95-101 — 37-95-123) › Article 95 - COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY (§§ 37-95-101 — 37-95-123) › Section 37-95-105 - Records and meetings of board - disclosure of interests required

(1)
All resolutions and orders shall be recorded and authenticated by the signature of the chairman and the secretary of the board. Every legislative act of the board of a general or permanent nature shall be by resolution. The book of resolutions, corporate acts, and orders shall be a public record. A public record shall also be made of all other proceedings of the board, minutes of the meetings, annual reports, certificates, contracts, and bonds given by officers, employees, and any other agents of the authority. The account of all moneys received by and disbursed on behalf of the authority shall also be a public record. Any public record of the authority shall be open for inspection by any citizen. All records shall be subject to uniform budget and audit laws, as set forth in article
1
of title
29
, C.R.S., and shall be subject to regular audits, as provided therein.
(2)
All meetings of the board shall be open to the public. No business of the board shall be transacted except at a regular or special meeting at which a quorum is present. One or more members of the board may participate in any meeting and may vote through the use of telecommunications devices, including, but not limited to, a conference telephone or similar communications equipment. Such participation through telecommunications devices shall constitute presence in person at such meeting. Such use of telecommunications shall not supersede any requirements for public hearing otherwise provided by law.
(3)
Any board member, employee, or other agent or adviser of the board who has a direct or indirect interest in any contract or transaction with the authority shall disclose this interest to the board. This interest shall be set forth in the minutes of the board, and no board member, employee, or other agent or adviser having such interest shall participate on behalf of the board in the authentication of any such contract or transaction.
L. 81: Entire article added, p. 1797, § 1, effective July 1. L. 91: (2) amended, p. 902, § 3, effective April 19. L. 2008: (2) amended, p. 43, § 2, effective August 5.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RESOURCES AND POWER DEVELOPMENT (§§ 37-95-101 — 37-95-123) › Article 95 - COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY (§§ 37-95-101 — 37-95-123) › Section 37-95-107.5 - Legislative declaration - specific project authorizations

(1)
It is hereby declared to be the policy of the general assembly to protect and foster the full utilization of Colorado's limited surface water resources by allocation thereof through the operation of the appropriation system as provided by sections 5 and 6 of article XVI of the state constitution. Any judicial interpretation or other law to the contrary notwithstanding, the water rights appropriation and adjudication system of the state of Colorado shall continue to be utilized to establish priority of right to the use of the natural streams within the state which include groundwater tributary thereto.
(2)
It is the recognition and intent of the general assembly that investment in the state's water resources for future generations must be made from state funds, from private capital, or from other moneys available to the authority. Major Colorado water projects should be developed as soon as possible in anticipation of demand and revenues.
(3)
Several compacts relating to interstate streams have been entered into by the state on behalf of the people of the state of Colorado to reserve for the people the right to the use of such waters under the appropriation doctrine. It is hereby declared to be the policy of the general assembly to fully utilize, for the maximum benefit of all the people, said natural stream resources. To achieve such utilization, the general assembly hereby directs the authority to proceed with project development and financing in accordance with agreements between the project sponsor and the authority, and consistent with the provisions of this article, such projects as the Colorado water conservation board identifies in statewide water supply initiatives and associated feasibility studies and other projects identified by the authority.
(4)
(Deleted by amendment, L. 2003, p. 2412, § 6, effective June 5, 2003.)
(5)
The provisions of this section shall not be applicable to the financing of any small water resources project.
L. 85: Entire section added, p. 1190, § 1, effective June 13. L. 89: (5) added, p. 1433, § 5, effective April 18. L. 2003: (2), (3), and (4) amended, p. 2412, § 6, effective June 5.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RESOURCES AND POWER DEVELOPMENT (§§ 37-95-101 — 37-95-123) › Article 95 - COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY (§§ 37-95-101 — 37-95-123) › Section 37-95-107.7 - [Repealed]

L. 94: Entire section added, p. 1374, § 3, effective May 25; (3)(b) amended, p. 2620, § 34, effective July 1. L. 95: (5) and (6) added, p. 942, § 4, effective May 25.
Subsection (6)(b) provided for the repeal of this section effective on the date the revisor of statutes receives notice that the domestic water supply project revolving fund has been depleted. (See L. 95, p. 942.) The state treasurer sent such notice in a letter dated April 24, 1999.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RESOURCES AND POWER DEVELOPMENT (§§ 37-95-101 — 37-95-123) › Article 95 - COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY (§§ 37-95-101 — 37-95-123) › Section 37-95-111 - Pledge of revenues, moneys, funds, or other property - lien

Any pledge of revenues, moneys, funds, or other property made by the authority shall be valid and binding from the time when the pledge is made; the revenues, moneys, funds, or other property so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the authority, irrespective of whether such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge of revenues, moneys, or funds is created need be filed or recorded, except in the records of the authority.
L. 81: Entire article added, p. 1807, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RESOURCES AND POWER DEVELOPMENT (§§ 37-95-101 — 37-95-123) › Article 95 - COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY (§§ 37-95-101 — 37-95-123) › Section 37-95-112 - Personal liability

Neither the members of the board nor any person executing bonds or notes issued pursuant to this article shall be liable personally on such bonds or notes by reason of the issuance thereof.
L. 81: Entire article added, p. 1807, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RESOURCES AND POWER DEVELOPMENT (§§ 37-95-101 — 37-95-123) › Article 95 - COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY (§§ 37-95-101 — 37-95-123) › Section 37-95-114 - Guarantee by state not to limit or alter rights or powers vested in authority

The state of Colorado does hereby pledge to and covenant and agree with the holders of any bonds or notes issued pursuant to the powers set forth in this article that the state will not limit or alter the rights or powers vested by this article in the authority to acquire, construct, maintain, improve, repair, and operate the project in any way that would jeopardize the interest of such holders, or to perform and fulfill the terms of any agreement made with the holders of such bonds or notes, or to fix, establish, charge, and collect such rents, fees, rates, or other charges as may be convenient or necessary to produce sufficient revenues to meet all expenses of the authority and fulfill the terms of any agreement made with the holders of such bonds and notes, together with interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceedings by or on behalf of such holders, until the bonds, together with interest thereon, are fully met and discharged or provided for.
L. 81: Entire article added, p. 1809, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RESOURCES AND POWER DEVELOPMENT (§§ 37-95-101 — 37-95-123) › Article 95 - COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY (§§ 37-95-101 — 37-95-123) › Section 37-95-115 - Exemption of bonds from taxation

Any bonds issued by the authority under the provisions of this article, their transfer, and the income therefrom (including any profit made on the sale thereof) shall at all times be free from taxation by the state or any political subdivision or other instrumentality of the state.
L. 81: Entire article added, p. 1809, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RESOURCES AND POWER DEVELOPMENT (§§ 37-95-101 — 37-95-123) › Article 95 - COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY (§§ 37-95-101 — 37-95-123) › Section 37-95-116 - Annual report - annual audit - annual budget

(1)
Notwithstanding section
24-1-136(11)(a)(I)
, on or before April 30 of each year, the authority shall make an annual report of its activities for the preceding fiscal year to the governor and the joint agriculture and natural resources committee of the house of representatives and the senate. Each such report shall set forth a complete operating and financial statement covering its operations during the year. Included within such report shall be detailed financial data setting forth the manner in which any previously appropriated state funds have been used. The authority, no later than November 30 of each year, shall report to the governor any requests for state funds for the upcoming state fiscal year, detailing the purposes for which said funds are to be utilized.
(2)
The authority shall cause an audit of its books and accounts to be made at least once in each year by certified public accountants, and the cost thereof shall be considered as expenses of the authority, and a copy thereof shall be filed with the state treasurer.
(3)
The authority shall develop and adopt an annual administrative operating budget and submit such budget on a timely basis to each district, governmental entity, and other entity participating in projects, so as to permit such districts and entities to make necessary adjustments in their respective budgets, fees, and charges.
Amended by 2017 Ch. 254,§ 15, eff. 8/9/2017.
L. 81: Entire article added, p. 1809, § 1, effective July 1. L. 83: Entire section amended, p. 1442, § 4, effective June 10. L. 98: (1) amended, p. 144, § 3, effective April 2. L. 2001: (1) amended, p. 1181, § 22, effective August 8. L. 2003: (1) amended, p. 2413, § 7, effective June 5. L. 2017: (1) amended, (HB 17-1257), ch. 254, p. 1067, § 15, effective August 9.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RESOURCES AND POWER DEVELOPMENT (§§ 37-95-101 — 37-95-123) › Article 95 - COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY (§§ 37-95-101 — 37-95-123) › Section 37-95-117 - Services by state officers, departments, boards, agencies, divisions, and commissions

All officers, departments, boards, agencies, divisions, and commissions of the state are hereby authorized and empowered to render any and all of such services to the authority as may be within the area of their respective governmental functions as fixed or established by law and as may be requested by the authority. The cost and expense of any such services shall be met and provided for by the authority.
L. 81: Entire article added, p. 1809, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RESOURCES AND POWER DEVELOPMENT (§§ 37-95-101 — 37-95-123) › Article 95 - COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY (§§ 37-95-101 — 37-95-123) › Section 37-95-118 - Bonds eligible for investment

Bonds issued under the provisions of this article are hereby made securities in which all insurance companies, trust companies, banking associations, savings and loan associations, investment companies, executors, administrators, trustees, and other fiduciaries may properly and legally invest funds, including capital, in their control or belonging to them. Public entities, as defined in section
24-75-601(1)
, C.R.S., may invest public funds in such bonds only if said bonds satisfy the investment requirements established in part 6 of article
75
of title
24
, C.R.S. Such bonds are hereby made securities which may properly and legally be deposited with and received by any public entity for any purpose for which the deposit of bonds, notes, or obligations of the state is authorized by law.
L. 81: Entire article added, p. 1810, § 1, effective July 1. L. 89: Entire section amended, p. 1132, § 75, effective July 1.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RESOURCES AND POWER DEVELOPMENT (§§ 37-95-101 — 37-95-123) › Article 95 - COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY (§§ 37-95-101 — 37-95-123) › Section 37-95-119 - Charges for use of service of projects

Rentals or other charges with respect to a project shall not be subject to supervision or regulation by any other authority, commission, board, bureau, or agency of the state, and such contract with respect to a project may provide for acquisition by such person or governmental agency of all or any part of such project for such consideration, payable over the period of the contract or otherwise, as the authority in its sole discretion determines to be appropriate, but subject to the provisions of any resolution authorizing the issuance of bonds or notes of the authority or any trust agreement securing the same.
L. 81: Entire article added, p. 1810, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RESOURCES AND POWER DEVELOPMENT (§§ 37-95-101 — 37-95-123) › Article 95 - COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY (§§ 37-95-101 — 37-95-123) › Section 37-95-120 - Agreements with governmental agencies or persons

(1)
Governmental agencies or persons may enter into lease, sale, or loan agreements with the authority with respect to any project, and governmental agencies or persons may also enter into purchase agreements with the authority for the purchase of the capacity use or service of any project. Such lease, sale, loan, or purchase agreements may be for a term covering the life of a project, or for any other term, or for an indefinite period. Pursuant to any such agreements, such governmental agencies or persons may obligate themselves to make payments in amounts which shall be sufficient to enable the authority to meet its expenses, the interest and principal payments (whether at maturity or upon sinking fund redemption) for its bonds, its reasonable reserves for debt service, operation and maintenance, and renewals and replacements, and the requirements of any rate covenant with respect to debt service coverage contained in any resolution, trust indenture, or other security instrument.
(2)
Purchase agreements between the authority and any governmental agency or persons may contain such other terms and conditions as the authority and the purchasers may determine, including provisions whereby the purchaser is obligated to pay for the output, capacity, or use of any project irrespective of whether such output, capacity, or use is produced or delivered to the purchaser or whether any water development project contemplated by any such agreement is completed, operable, or operating, and notwithstanding suspension, interruption, interference, reduction, or curtailment of the output, use, or service of such project. Subject to local charter and state constitutional limitations, such purchase agreements may also provide that if one or more of the purchasers defaults in the payment of its obligations under any such purchase agreement, the remaining purchasers which also have such agreements shall be required to accept and pay for, and shall be entitled proportionately to use or otherwise dispose of, the output, capacity, or use of the project contracted for by the defaulting purchaser.
(3)
The obligations of a governmental agency or persons under an agreement with the authority or arising out of the default by any other purchaser with respect to such an agreement shall not, unless otherwise lawful, be construed to constitute a debt of the governmental agency or persons. To the extent provided in agreements with the authority, such obligations shall constitute special obligations of the governmental agency or persons, payable solely from the revenues and other moneys derived by the governmental agency or persons from their utility systems, and shall be treated as expenses of operating such systems.
L. 81: Entire article added, p. 1810, § 1, effective July 1. L. 83: (3) amended, p. 1443, § 5, effective June 10.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RESOURCES AND POWER DEVELOPMENT (§§ 37-95-101 — 37-95-123) › Article 95 - COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY (§§ 37-95-101 — 37-95-123) › Section 37-95-121 - Effect on inconsistent acts and rules and regulations adopted thereunder

It is the intent of the general assembly that, in the event of any conflict or inconsistency in the provisions of this article and any other statutes pertaining to matters established or provided for in this article or in any rules and regulations adopted under this article or under said other statutes, to the extent of such conflict or inconsistency, the provisions of this article and the rules and regulations adopted under this article shall be enforced, and the provisions of such other statutes and rules and regulations adopted thereunder shall be of no force and effect; except that nothing in this article shall be construed to amend or affect any existing water law.
L. 81: Entire article added, p. 1811, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RESOURCES AND POWER DEVELOPMENT (§§ 37-95-101 — 37-95-123) › Article 95 - COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY (§§ 37-95-101 — 37-95-123) › Section 37-95-122 - Severability

If any provision of this article or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provision or application, and to this end the provisions of this article are declared to be severable.
L. 81: Entire article added, p. 1811, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RESOURCES AND POWER DEVELOPMENT (§§ 37-95-101 — 37-95-123) › Article 95 - COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY (§§ 37-95-101 — 37-95-123) › Section 37-95-123 - Construction of article

This article shall be construed liberally to effectuate the legislative intent and the purposes of this article as the complete and independent authority for the performance of each and every act and thing authorized in this article, and all the powers granted in this article shall be broadly interpreted to effectuate such intent and purposes and shall not be interpreted as a limitation of such powers; except that it is hereby recognized that the primary purpose of this article relates to the development of water resources of the state of Colorado as set forth in section
37-95-102(1)
, and that the only generation of electric energy authorized hereunder is generation from hydroelectric facilities. This article shall not be construed to authorize the board to generate electric energy by fossil fuel or other nonhydroelectric methods.
L. 81: Entire article added, p. 1811, § 1, effective July 1. L. 98: Entire section amended, p. 144, § 4, effective April 2.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION (§§ 37-96-101 — 37-99-103) › Article 96 - WATER CONSERVATION IN STATE LANDSCAPING (§§ 37-96-101 — 37-96-103) › Section 37-96-101 - Short title

This article shall be known and may be cited as the "State Projects Water Conservation in Landscaping Act".
L. 89: Entire article added, p. 1435, § 1, effective April 19.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION (§§ 37-96-101 — 37-99-103) › Article 96 - WATER CONSERVATION IN STATE LANDSCAPING (§§ 37-96-101 — 37-96-103) › Section 37-96-102 - Legislative declaration

(1)
The general assembly hereby finds, determines, and declares that:
(a)
The waters of the state are of limited supply and are subject to ever increasing demands;
(b)
The continuation of Colorado's economic prosperity is dependent on adequate supplies of water being available for future uses;
(c)
It is the policy of the state to promote the conservation and efficient use of water and to prevent the waste of this valuable resource;
(d)
It is further the policy of the state to conserve water used for public projects;
(e)
Landscaping with plants that conserve water has an additional benefit of reducing ongoing maintenance of public projects or facilities and costs associated therewith.
L. 89: Entire article added, p. 1435, § 1, effective April 19.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION (§§ 37-96-101 — 37-99-103) › Article 96.5 - ROOFTOP PRECIPITATION COLLECTION (§§ 37-96.5-101 — 37-96.5-105) › Section 37-96.5-101 - Legislative declaration

(1)
The general assembly hereby finds and determines that, pursuant to sections 5 and 6 of article XVI of the state constitution, water is considered the property of the public, is dedicated to the use of the people, is subject to the doctrine of prior appropriation, and must be administered in accordance with the priority system established in article
92
of this title.
(2)
The general assembly declares that nothing in this article is intended to infringe upon or impair the doctrine of prior appropriation.
(3)
The general assembly further declares that the use of a rain barrel does not constitute a water right.
Added by 2016 Ch. 161,§ 1, eff. 8/10/2016.
L. 2016: Entire article added, (HB 16-1005), ch. 161, p. 509, § 1, effective August 10.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION (§§ 37-96-101 — 37-99-103) › Article 96.5 - ROOFTOP PRECIPITATION COLLECTION (§§ 37-96.5-101 — 37-96.5-105) › Section 37-96.5-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Rain barrel" means a storage container with a sealable lid that is:
(a)
Located aboveground outside of a residential home; and
(b)
Used for collecting precipitation from a downspout of a rooftop.
(2)
"Single-family residence" means a private residence that is a separate building or an individual residence that is part of a row of residences joined by common sidewalls.
Added by 2016 Ch. 161,§ 1, eff. 8/10/2016.
L. 2016: Entire article added, (HB 16-1005), ch. 161, p. 509, § 1, effective August 10.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION (§§ 37-96-101 — 37-99-103) › Article 96.5 - ROOFTOP PRECIPITATION COLLECTION (§§ 37-96.5-101 — 37-96.5-105) › Section 37-96.5-103 - Small-capacity rooftop precipitation collection permitted

(1)
Precipitation from a rooftop may be collected if:
(a)
No more than two rain barrels with a combined storage capacity of one hundred ten gallons or less are utilized;
(b)
Precipitation is collected from the rooftop of a building that is used primarily as a single-family residence or a multi-family residence with four or fewer units;
(c)
The collected precipitation is used for outdoor purposes including irrigation of lawns and gardens; and
(d)
The collected precipitation is used on the residential property on which the precipitation is collected.
(2)
A person shall not use precipitation collected under this article for drinking water or indoor household purposes.
(3)
The state engineer may curtail rain barrel usage pursuant to section
37-92-502(2)(a)
.
Added by 2016 Ch. 161,§ 1, eff. 8/10/2016.
L. 2016: Entire article added, (HB 16-1005), ch. 161, p. 510, § 1, effective August 10.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION (§§ 37-96-101 — 37-99-103) › Article 96.5 - ROOFTOP PRECIPITATION COLLECTION (§§ 37-96.5-101 — 37-96.5-105) › Section 37-96.5-104 - Information on state engineer's website

(1)
The state engineer, to the extent practicable within existing resources, shall provide information on the state engineer's website on the permitted use of rain barrels to collect precipitation from residential rooftops, including a description of the limitations set forth in section
37-96.5-103
.
(2)
If the department of public health and environment informs the state engineer that it has developed best practices in accordance with section
25-1.5-210
, C.R.S., the state engineer shall, to the extent practicable within existing resources, post or link to the department's best practices on the state engineer's website.
Added by 2016 Ch. 161,§ 1, eff. 8/10/2016.
L. 2016: Entire article added, (HB 16-1005), ch. 161, p. 510, § 1, effective August 10.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION (§§ 37-96-101 — 37-99-103) › Article 96.5 - ROOFTOP PRECIPITATION COLLECTION (§§ 37-96.5-101 — 37-96.5-105) › Section 37-96.5-105 - Reporting

(1)
On or before March 1, 2019, and on or before March 1, 2022, the state engineer shall report to the committees of reference in each house of the general assembly with jurisdiction over agriculture on whether the allowance of small-scale residential precipitation collection pursuant to this article has caused any discernible injury to downstream water rights. The state engineer's report may contain the following:
(a)
Data received from water providers, water users, or other stakeholders;
(b)
Data resulting from a precipitation collection pilot project or other research; or
(c)
Any complaint or report of injury.
Added by 2016 Ch. 161,§ 1, eff. 8/10/2016.
L. 2016: Entire article added, (HB 16-1005), ch. 161, p. 510, § 1, effective August 10.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION (§§ 37-96-101 — 37-99-103) › Article 97 - WATER METERING ACT (§§ 37-97-101 — 37-97-103) › Section 37-97-101 - Short title

This article shall be known and may be cited as the "Water Metering Act".
L. 90: Entire article added, p. 1630, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION (§§ 37-96-101 — 37-99-103) › Article 97 - WATER METERING ACT (§§ 37-97-101 — 37-97-103) › Section 37-97-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Water service supplier" means any person who, for compensation, provides water for human consumption or for household use through a system of pipes, structures, or other facilities if such system has at least six hundred unmetered taps.
L. 90: Entire article added, p. 1630, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION (§§ 37-96-101 — 37-99-103) › Article 97 - WATER METERING ACT (§§ 37-97-101 — 37-97-103) › Section 37-97-102.5 - Exemptions

(1)
Communities receiving their water supply from free-flowing springs shall be exempt from this article.
(2)
Raw water piped irrigation systems in communities that have separate raw water piped irrigation systems and domestic water systems shall be exempt from this article.
(3)
Communities under sanction by the department of public health and environment for water quality standards shall be exempt from this article.
L. 90: Entire article added, p. 1630, § 1, effective July 1. L. 94: (3) amended, p. 2805, § 576, effective July 1.
For an additional exemption, see § 37-97-103(6).
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION (§§ 37-96-101 — 37-99-103) › Article 97 - WATER METERING ACT (§§ 37-97-101 — 37-97-103) › Section 37-97-103 - Mandatory use of metered water delivery and billing systems

(1)
Every water service supplier providing water in this state shall provide a metered water delivery and billing service to its customers according to the following schedule:
(a)
For any new construction serviced by such water service supplier, including but not limited to construction for residential, commercial, or industrial use, meters shall be installed at the time of such construction.
(b)
For any existing construction with unmetered taps, meters shall be installed on fifty percent of such taps on or before January 1, 2000. For any taps remaining unmetered as of January 1, 2000, meters shall be installed on fifty percent of such taps on or before January 1, 2005, and on all remaining unmetered taps on or before January 1, 2009.
(2)
Billing of such water services based on the metered service shall begin no later than ninety days from the date of the installation of the meter.
(3)
Any increase in the rates charged for such water service attributed to such installation and billing service requirements shall be based upon the actual costs of such installation and billing service. Such increase may recover the total cost of providing such service to the customers of the water service provider.
(4)
Nothing in this section shall preclude a water service supplier from providing such metered water delivery and billing service prior to the dates specified in subsections (1) and (2) of this section or from seeking a corresponding rate increase necessitated by the provision of such service prior to those dates.
(5)
Within an industrial customer operation, multiple water uses shall not be considered separate service connections. Deliveries to any customer other than a detached single family residential customer who may be subject to this article may be metered by the use of a single meter for the entire customer or operation.
(6)
A mobile home park, as defined in section
38-12-201.5(6)
, that makes water service available to tenants but does not bill the tenants for water as a separate item is exempt from this article 97.
Amended by 2020 Ch. 195,§ 21, eff. 6/30/2020.
L. 90: Entire article added, p. 1630, § 1, effective July 1.
For additional exemptions, see § 37-97-102.5.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION (§§ 37-96-101 — 37-99-103) › Article 98 - WATER RESOURCES REVIEW COMMITTEE (§§ 37-98-101 — 37-98-105) › Section 37-98-101 - Legislative declaration

(1)
The general assembly finds, determines, and declares that the purpose of this article 98 is to provide a committee as a forum through which the general assembly shall review:
(a)
The statewide planning, administration, and monitoring of Colorado's water resources; and
(b)
Colorado agriculture issues.
(2)
The general assembly recognizes its mandate to vigorously protect and defend Colorado's finite supply of water. The general assembly further recognizes the need to ensure that water issues receive sufficient legislative scrutiny and public input:
(a)
To maximize the benefit derived from Colorado's surface water and groundwater resources;
(b)
To evaluate the present and future water needs of the state;
(c)
To ensure effective water rights administration;
(d)
To protect water quality and water quantity; and
(e)
To ensure that Colorado's interstate water compact agreements are met and, in relation to the agreements, that Colorado's water resources are protected against unwarranted claims.
(f)
Repealed.
(3)
The general assembly further recognizes that:
(a)
Agriculture is one of the largest and most significant economic sectors in Colorado;
(b)
Colorado's agricultural producers and workers are often stewards of Colorado's surface and groundwater resources;
(c)
Colorado's agricultural sector is a leader in water efficiency and conservation practices;
(d)
Agriculture and water resources issues are often closely intertwined with one another; and
(e)
Expanding the scope of the committee to include agriculture would be beneficial to the committee's studies and support the committee's efforts in protecting and defending Colorado's water supply.
Amended by 2023 Ch. 14, § 1, eff. 8/7/2023.
Amended by 2022 Ch. 59, § 1, eff. 8/10/2022.
Amended by 2014 Ch. 187, § 2, eff. 5/15/2014.
L. 2001: Entire article added, p. 725, § 1, effective July 1. L. 2014: IP(1) amended, (SB 14-115), ch. 187, p. 699, § 2, effective May 15.
2023 Ch. 14, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION (§§ 37-96-101 — 37-99-103) › Article 98 - WATER RESOURCES REVIEW COMMITTEE (§§ 37-98-101 — 37-98-105) › Section 37-98-104 - [Repealed]

L. 2001: Entire article added, p. 727, § 1, effective July 1. L. 2002: Entire section repealed, p. 1100, § 3, effective June 3.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION (§§ 37-96-101 — 37-99-103) › Article 99 - [Effective 8/7/2024] PROHIBITION OF NONFUNCTIONAL TURF, ARTIFICIAL TURF, AND INVASIVE PLANT SPECIES (§§ 37-99-101 — 37-99-103) › Section 37-99-101 - [Effective 8/7/2024] Legislative declaration

(1)
The general assembly finds that:
(a)
As Colorado continues to grapple with the impacts of climate change, green urban spaces, such as urban tree canopies, are a vital adaptation tool for mitigating the impacts of climate change, especially for mitigating the urban heat island effect, which can increase energy costs, air pollution, and heat-related illnesses and deaths;
(b)
However, water supply in the western United States is under increasing pressure due to climate change and increasing demand;
(c)
Many communities in the state overuse nonnative grass for landscaping purposes, which requires large amounts of water to maintain;
(d)
While there are appropriate and important uses for turf, including for civic, community, or recreational purposes such as use in parks, sports fields, and playgrounds, much of the turf in the state is nonfunctional, located in areas that receive little, if any, use, and could be replaced with landscaping that adheres to water-wise landscaping principles without adversely impacting quality of life or landscape functionality;
(e)
Prohibiting the installation, planting, or placement of nonfunctional turf in applicable property in the state can help conserve the state's water resources;
(f)
Installed vegetation that adheres to water-wise landscaping principles can help reduce outdoor demand of water; and
(g)
Additionally, artificial turf can cause negative environmental impacts, such as exacerbating heat island effects in urban areas and releasing harmful chemicals, including plastics, microplastics, and perfluoroalkyl and polyfluoroalkyl chemicals, into the environment and watersheds.
(2)
The general assembly therefore declares that preventing the installation, planting, or placement of nonfunctional turf, artificial turf, and invasive plant species in applicable property in the state is:
(a)
A matter of statewide concern; and
(b)
In the public interest.
Added by 2024 Ch. 26,§ 1, eff. 8/7/2024.
2024 Ch. 26, was passed without a safety clause. See Colo. Const. art. V, § 1(3).