§ 25-8-201 — Water quality control commission created

Colorado § 25-8-201

• Jurisdiction: Colorado
• Title 25: Public
• Art.: Water Quality Control

Text

(1) (a) (I) There is
created in the department of public health and environment a water quality control
commission, which is a type 1 entity, as defined in section 24-1-105, and which
exercises its powers and performs its duties and functions under the department of
public health and environment.

(II) The commission consists of nine citizens of the state appointed by the
governor, with the consent of the senate, for terms of three years; except that the
terms must be staggered so that no more than five members' terms expire in the
same year. Members of the commission must be appointed so as to achieve
geographical representation and to reflect the various interests in water in the
state. At least two members must reside in that portion of the state that is west of
the continental divide. No more than five members of the commission may be
affiliated with the same political party.

(III) At least one member of the commission must have agricultural
experience, preferably a member with agricultural experience who is also regulated
by the division. At least three other members of the commission must be from the
community regulated by the division, employed by an entity that is subject to fees
set pursuant to this article 8, and, to the extent practicable, employed by an entity
that is subject to a different type of fee pursuant to this article 8 than the type of
fee that the employers of the other two members are subject.

(IV) A member of the commission must have experience or training in one or
more of the following areas:

(A) Science;

(B) Engineering;

(C) Technology;

(D) Industry;

(E) Construction;

(F) Labor;

(G) Agriculture;

(H) Environmental law;

(I) Environmental policy;

(J) Environmental justice;

(K) Municipal water treatment;

(L) Municipal wastewater treatment;

(M) Municipal government; or

(N) County government.

(b) Repealed.

(c) Whenever a vacancy exists, the governor shall appoint a member for the
remaining portion of the unexpired term created by the vacancy, subject to
confirmation by the senate.

(2) (a) The governor may remove any appointed member of the commission
for malfeasance in office, failure to regularly attend meetings, or for any cause that
renders such a member incapable or unfit to discharge the duties of his office.

(b) If any member of the commission is absent from two consecutive
meetings, the chairman of the commission shall determine whether the cause of
such absences was reasonable. If he determines that the cause of the absences
was unreasonable, he shall so notify the governor who may remove such member
and appoint a qualified person for the unexpired portion of the regular term, subject
to confirmation by the senate.

(3) Each member of the commission not otherwise in full-time employment
of the state shall receive a per diem which shall be the same amount paid to the
general assembly for attendance at interim committees for each day actually and
necessarily spent in the discharge of official duties, not to exceed twelve hundred
dollars in any one year; and each member shall receive traveling and other
necessary expenses actually incurred in the performance of his official duties as a
member of the commission.

(4) The commission shall select from its own membership a chairman, a vice-chairman, and a secretary. The commission shall keep a record of its proceedings.

(5) The commission shall hold regular public meetings and may hold special
meetings on the call of the chairman or vice-chairman at such other times as
deemed necessary. Written notice of the time and place of each meeting shall be
mailed to each member at least five days in advance.

(6) All members shall have a vote. Two-thirds of the commission shall
constitute a quorum, and the concurrence of a majority of the quorum in any matter
within its powers and duties shall be required for any determination made by the
commission.

Legislative History

Source: L. 81: Entire article R&RE, p. 1314, � 1, effective July 1. L. 84: (1)(a) amended, p. 784, � 1, effective March 16. L. 96: (1)(a) amended, p. 1473, � 22, effective June 1. L. 2005: (1)(b) repealed, p. 283, � 24, effective August 8. L. 2022: (1)(a) amended, (SB 22-013), ch. 2, p. 60, � 79, effective February 25; (1)(a) amended, (SB 22-162), ch. 469, p. 3369, � 52, effective August 10. L. 2023: (1)(a) amended, (SB 23-274), ch. 216, p. 1110, � 3, effective May 17.