Colorado § 25-16-104.7 Natural resource damage recoveries - fund created - repeal

Colorado Statutes

§ 25-16-104.7 — Natural resource damage recoveries - fund created - repeal

Colorado § 25-16-104.7

Title 25Public

Art.Hazardous Waste Sites

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Bluebook

Colo. Rev. Stat. § 25-16-104.7 (2026).

Text

(1)Except as provided in subsection (3) of this section, money recovered through litigation by the state acting as trustee of natural resources pursuant to the federal act or the OPA is credited to the natural resource damage recovery fund, which fund is created. The department may expend the custodial money in the fund without further appropriation for purposes authorized by the federal act or the OPA, including the restoration, replacement, or acquisition of the equivalent of natural resources that have been injured, destroyed, or lost as a result of a release of a hazardous substance or oil. In addition, the department shall use the money in the natural resource damage recovery fund in a manner that is consistent with any judicial order, decree, or judgment governing the use o

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(1) Except as provided in subsection (3) of this section, money recovered through
litigation by the state acting as trustee of natural resources pursuant to the federal
act or the OPA is credited to the natural resource damage recovery fund, which
fund is created. The department may expend the custodial money in the fund
without further appropriation for purposes authorized by the federal act or the OPA,
including the restoration, replacement, or acquisition of the equivalent of natural
resources that have been injured, destroyed, or lost as a result of a release of a
hazardous substance or oil. In addition, the department shall use the money in the
natural resource damage recovery fund in a manner that is consistent with any
judicial order, decree, or judgment governing the use of any particular recovery
credited to the fund.

(2) Repealed.

(3) To the extent authorized by law, and consistent with a final judicial order
or decree in any litigation by the state acting as trustee of natural resources
pursuant to the federal act or the OPA, any recovery of natural resource damage
assessment or other costs, including litigation costs and fees, shall be credited to
the fund from which such costs were originally paid.

(4) Repealed.

(5) (a) For state fiscal years commencing on or before July 1, 2024, and on or
after July 1, 2026, the state treasurer shall credit all interest and income derived
from the deposit and investment of money in the natural resource damage recovery
fund to the natural resource damage recovery fund.

(b) For the state fiscal year commencing on July 1, 2025, in accordance with
section 24-36-114 (1), the state treasurer shall credit all interest and income derived
from the deposit and investment of money in the natural resource damage recovery
fund to the general fund.

(c) (I) On June 30, 2025, the state treasurer shall transfer six hundred
twenty-four thousand six hundred seventeen dollars from the natural resource
damage recovery fund to the general fund.

(II) This subsection (5)(c) is repealed, effective July 1, 2026.

Legislative History

Source: L. 85: Entire section added, p. 918, � 3, effective July 1. L. 90: Entire section R&RE, p. 1350, � 2, effective July 1. L. 2005: (2) repealed, p. 287, � 33, effective August 8. L. 2007: (1) amended and (3) added, p. 325, � 1, effective April 2; (3) amended, p. 1504, � 2, effective May 31. L. 2010: (4) added, (HB 10-1325), ch. 30, p. 110, � 1, effective March 18. L. 2013: (1), (4)(b), and (4)(c) amended and (4)(b.5) added, (SB 13-113), ch. 84, p. 269, � 1, effective March 29. L. 2016: (1) and (3) amended, (SB 16-092), ch. 53, p. 125, � 5, effective August 10. L. 2025: (1) amended and (5) added, (SB 25-317), ch. 385, p. 2160, � 41, effective June 3.