§ 37-60-120.2 — Animas-La Plata project - authority - repeal

Colorado § 37-60-120.2

• Jurisdiction: Colorado
• Title 37: Water and
• Art.: Colorado Water Conservation Board

Text

(1)
Notwithstanding any other law, including section 24-30-1303, C.R.S., and given that
thirty-six million dollars have been authorized and appropriated and a purchase
agreement has been executed with the United States bureau of reclamation to
acquire all of the state's water allocation in the Animas-La Plata project and that
the state is a participating member of the Animas-La Plata operation, maintenance,
and replacement association, and in order to support and provide long-term water
supplies for the local area and to fully utilize the state's water allocation in the
Animas-La Plata project, in coordination with the United States bureau of
reclamation and the other participating project beneficiaries, the department of
natural resources, acting by and through the board, may:

(a) Contract with and allocate Animas-La Plata project water to local entities
and water providers in Colorado;

(b) Receive and expend proceeds from the sale or lease of Animas-La Plata
project water and land, and any other activities that effectuate the purpose of the
acquired project water;

(c) Undertake Animas-La Plata project operations, maintenance, and
replacement costs;

(d) Pay the costs of Animas-La Plata project storage or other necessary
expenses, otherwise implement the purposes of this subsection (1), and fully utilize
the water and storage acquired; and

(e) Undertake such action as necessary to lease, sublease, exchange, sell,
assign, or otherwise effectuate the use of the acquired project water in the local
area within Colorado.

(2) 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 money is continuously appropriated to the board and remains available for the
designated purposes until it is fully expended.

(3) (a) 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 June 7,
2010, regarding the money subject to this section, federal law and rules apply.

(b) Nothing in this section precludes the use of water acquired pursuant to
this section as part of a joint operational pool for the mutual benefit of all Animas-La Plata project participants.

(4) This section is repealed, effective when the state has no water allocation
in the Animas-La Plata project, is not a member of the Animas-La Plata operation,
maintenance, and replacement association, and all existing purchases, leases,
subleases, or any other of the contractual arrangements that have been executed
on behalf of the state's water allocation, have been fully repaid or fulfilled. The
director of the board shall file a written notification to the revisor of statutes when
the final condition of this subsection (4) has been fulfilled.

Legislative History

Source: L. 2016: Entire section added, (SB 16-174), ch. 163, p. 519, � 15, effective May 16.