(1)In order to promote the general welfare and safety of the citizens of this state and
utilize reallocated storage space available in the federal flood control project
known as Chatfield reservoir, the board has undertaken the Chatfield reservoir
reallocation project, referred to in this section as the project, in coordination and
cooperation with a local coalition and with participants who have executed letters
of commitment with the board. The implementation of the project will result in
benefits to South Platte river water users and the downstream environment without
adversely impacting other river basins. The implementation of the project will
require the board to contract with the United States Army corps of engineers,
referred to in this section as the corps, to hold and
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(1)
In order to promote the general welfare and safety of the citizens of this state and
utilize reallocated storage space available in the federal flood control project
known as Chatfield reservoir, the board has undertaken the Chatfield reservoir
reallocation project, referred to in this section as the project, in coordination and
cooperation with a local coalition and with participants who have executed letters
of commitment with the board. The implementation of the project will result in
benefits to South Platte river water users and the downstream environment without
adversely impacting other river basins. The implementation of the project will
require the board to contract with the United States Army corps of engineers,
referred to in this section as the corps, to hold and allocate storage space in the
reservoir and to undertake substantial activities related to the mitigation of
environmental and recreation impacts caused by the increase in reservoir water
levels.
(2) The board is hereby authorized to act as an agent of the project parties to
implement this section. Through an agency fund the board may collect and disburse
money from any entity to implement the project and to meet the obligations
contained in an intergovernmental agreement, project partnership agreement, or
other contract, referred to in this section as an agreement, with the corps or other
entity that is required to implement the project. Notwithstanding any other law,
including section 24-30-1303, C.R.S., the board and the department of natural
resources acting through its agencies shall have the authority to enter into any
agreement with the corps or other entities, including consultants and contractors,
that in the board's discretion is necessary to implement the project; however,
sufficient funds shall have been made available to the board for such purposes. The
authority granted by this subsection (2) includes: The ability to hold storage space
in the reservoir; to contract with, and allocate storage to, local entities who will
utilize the reservoir storage space; to undertake mitigation and long-term operation
and maintenance of the project; to receive and expend proceeds received from the
sale or lease of reservoir storage space and from any other activities that
effectuate the purpose of the acquired project storage space; to pay the costs of
storage or other necessary expenses; and to otherwise implement the project. The
board has the express authority, in equitable partnership with the participants, to
undertake such action as is necessary, including the award of contracts to public
and private entities, to undertake mitigation construction and long-term operation
and maintenance and related activities; to lease, sublease, or assign storage space
rights; and to otherwise effectuate the storage of water in the reservoir. The state
treasurer shall credit all proceeds received under this section and the interest
earned from investments of those proceeds to the Colorado water conservation
board construction fund created in section 37-60-121 (1)(a), and all such moneys are
continuously appropriated and remain available for the designated purposes until
they are fully expended. In the event of a conflict between the application of state
or federal law or rules, including chapter 3 of the state fiscal rules in existence as
of May 29, 2008, federal laws and rules shall apply.
(3) This section is repealed, effective at the end of the project. Such repeal
shall not affect the validity of any action taken pursuant to this section. The
director of the board shall, in writing, promptly notify the state treasurer and the
revisor of statutes when the project is completed.