(1) The board shall
promote the conservation of the waters of the state of Colorado in order to secure
the greatest utilization of such waters and the utmost prevention of floods. In
particular, and without limiting the general character of this section, the board has
the power and it is its duty:
(a) To foster and encourage irrigation districts, public irrigation districts,
water users' associations, conservancy districts, drainage districts, mutual reservoir
companies, mutual irrigation companies, grazing districts, and any other agencies
which are formed under the laws of the state of Colorado, or of the United States,
for the conservation, development, and utilization of the waters of Colorado;
(b) To assist any such agencies in their financing, but not to lend or pledge
the credit or faith of the state of Colorado in aid thereof, or to attempt to make the
state responsible for any of the debts, contracts, obligations, or liabilities thereof;
(c) To devise and formulate methods, means, and plans for bringing about
the greater utilization of the waters of the state and the prevention of flood
damages therefrom, and to designate and approve storm or floodwater runoff
channels or basins, and to make such designations available to legislative bodies of
cities and incorporated towns, to county planning commissions, and to boards of
adjustment of cities, incorporated towns, and counties of this state;
(d) To gather data and information looking toward the greater utilization of
the waters of the state and the prevention of floods and for this purpose to make
investigations and surveys;
(e) To cooperate with the United States and the agencies thereof, and with
other states for the purpose of bringing about the greater utilization of the waters
of the state of Colorado and the prevention of flood damages;
(f) To cooperate with the United States, or any of the agencies thereof, in the
making of preliminary surveys, and sharing the expense thereof, when necessary,
respecting the engineering and economic feasibility of any proposed water
conservation or flood control project within the state of Colorado, designed for the
purpose of bringing about greater utilization of the waters of this state;
(g) To formulate and prepare drafts of legislation, state and federal,
designed to assist in securing greater beneficial use and utilization of the waters of
the state and protection from flood damages;
(h) To investigate and assist in formulating a response to the plans,
purposes, procedures, requirements, laws, proposed laws, or other activities of the
federal government and other states which affect or might affect the use or
development of the water resources of this state;
(i) To confer with and appear before the officers, representatives, boards,
bureaus, committees, commissions, or other agencies of other states, or of the
federal government, for the purpose of protecting and asserting the authority,
interests, and rights of the state of Colorado and its citizens with respect to the
waters of the interstate streams in this state;
(j) To acquire by grant, purchase, bequest, devise, or lease, any real property
or interest therein for the purpose of the prevention or control of floods, or to
acquire by eminent domain any real property or interest therein with respect to any
project specifically authorized by the United States congress for the prevention or
control of floods, including but not limited to easements and rights-of-way for
ingress into and egress from such project, with the power in either event to lease
such lands or interest therein to agencies of the federal government or to the state
or any agency or political subdivision thereof for the construction, operation, or
maintenance of flood control and prevention facilities;
(k) In general, to take such action and have such powers as are incidental to
the foregoing specific provisions and to the general purposes of this article;
(l) To enter into contracts as provided in sections 37-60-119 to 37-60-122 for
the construction of conservation projects which, as authorized by the general
assembly under procedures set forth in section 37-60-122, will conserve and utilize
for the best advantage of the people of this state the water and power resources of
the state, including projects beyond the boundaries of the state of Colorado located
on interstate waters when the benefit of such project accrues to the citizens of the
state of Colorado, upon application under such rules and regulations as the board
shall establish;
(m) To file applications in the name of the department of natural resources
for the appropriation of water;
(n) To take all action necessary to acquire or perfect water rights for
projects sponsored by the board;
(o) To sell or otherwise dispose of property owned by the board, in the name
of the state of Colorado, as a result of expenditures from the Colorado water
conservation board construction fund in such manner as to be most advantageous
to the state. Proceeds from such sale or disposal shall accrue to the Colorado water
conservation board construction fund and shall not revert to the general fund at the
close of any fiscal year.
(p) To make grants pursuant to the provisions of section 37-60-122.2 (2) for
fish and wildlife resources;
(q) To make a mitigation recommendation pursuant to the provisions of
section 37-60-122.2 (1) constituting the official position of the state of Colorado
regarding mitigation to maintain a balance between the development of the state's
water resources and the protection of the state's fish and wildlife resources;
(r) To foster the conservation of the water of the state of Colorado by the
promotion and implementation of sound measures to enhance water use efficiency
in order to serve all the water needs of the state, to assure the availability of
adequate supplies for future uses, and to assure that necessary water services are
provided at a reasonable cost;
(s) Repealed.
(t) To enter into one or more agreements with the Colorado water resources
and power development authority and any other entities to assist in the
development of the water resources of the state.
(u) Repealed.
(v) To administer a water supply measurement and forecasting program to:
(I) Collect and disseminate data on snowpack levels;
(II) Investigate the latest technological advances in snowpack measurement
and water supply forecasting; and
(III) Collect other data that the board determines will assist in snowpack
measurement, water supply forecasting, or flood hazard mapping.
(2) The board may coordinate with the United States secretary of the interior
and the United States secretary of agriculture to develop plans that conserve and
develop water resources consistent with this article for federal lands pursuant to 16
U.S.C. sec. 530, 16 U.S.C. sec. 1604, and 43 U.S.C. sec. 1712.