§ 37-60-122 — General assembly approval

(1) Money in the Colorado water
conservation board construction fund shall be expended in the following manner
and under the following circumstances:

(a) Repealed.

(b) The general assembly may authorize projects as it deems to be to the
advantage of the people of the state of Colorado and shall direct the board to
proceed with the projects in the priorities established by the general assembly
under terms approved by the general assembly. The board is authorized to make
loans without general assembly approval in amounts not to exceed ten million
dollars. The unappropriated balance of money in the Colorado water conservation
board construction fund and the state severance tax perpetual base fund shall be
available and continuously appropriated for this purpose. Notwithstanding section
24-1-136 (11)(a)(I), the board shall submit a written determination of the basis for the
project loans to the general assembly by January 15 of the year following the year
in which the loan was made.

(c) In order to determine the economic and engineering feasibility of any
project proposed to be constructed from funds provided in whole or in part from the
Colorado water conservation board construction fund, the board shall cause a
feasibility report to be prepared on such proposed project if, in the discretion of the
board, it appears to qualify for consideration under section 37-60-119. The board
may also cause a feasibility report to be prepared on any other water project
proposed in this state whether funded by the Colorado water conservation board
construction fund or by any other source or entity or federal or state agency, and
the board shall cooperate with any such entity or federal or state agency in the
planning of such project. The board shall also cause any feasibility study to be
made at the direction of the general assembly. For all such feasibility
investigations, the board is authorized to loan, grant, or otherwise expend on a
continuing basis the moneys appropriated to the construction fund authorized by
section 37-60-121, in accordance with policies adopted by the board.

(2) When a feasibility report prepared pursuant to paragraph (c) of
subsection (1) of this section is funded in part by an entity or agency other than the
board, then the board may, at its discretion and subject to such procedures as it
deems appropriate, have such entity or agency select an engineer to provide the
professional services needed to prepare such report, notwithstanding the
provisions of part 14 of article 30 of title 24, C.R.S.

(3) When design and construction of a project authorized pursuant to
paragraph (b) of subsection (1) of this section is funded in part by an entity or
agency other than the board, then the board may, at its discretion and subject to
such procedures as it deems appropriate, have such entity or agency select an
engineer to provide the professional services needed for the construction
management of the project, notwithstanding the provisions of part 14 of article 30
of title 24, C.R.S.

Legislative History

Source: L. 71: p. 1344, � 2. C.R.S. 1963: � 149-1-22. L. 74: (1)(b) amended, p. 443, � 1, effective March 21; (1)(d) added, p. 444, � 1, effective March 21. L. 79: (1)(a) to (1)(c) amended, p. 1362, � 2, effective July 1. L. 80: (1)(c) amended, p. 699, � 3, effective May 2. L. 81: (1)(c) amended, p. 1770, � 4, effective June 16. L. 85: (2) and (3) added, p. 1153, � 4, effective June 2. L. 92: (1)(a) amended, p. 2284, � 5, effective May 27. L. 93: (1)(a) and (1)(b) amended, p. 3, � 2, effective February 16. L. 96: (1)(a) repealed, p. 1224, � 27, effective August 7. L. 2002: IP(1) and (1)(b) amended, p. 453, � 20, effective May 23. L. 2003: (1)(b) amended, p. 1770, � 20, effective May 19. L. 2004: (1)(c) amended, p. 888, � 22, effective May 21. L. 2007: (1)(b) amended, p. 1519, � 22, effective May 31. L. 2013: (1)(b) amended, (SB 13-181), ch. 209, p. 871, � 17, effective May 13. L. 2017: IP(1) and (1)(b) amended, (HB 17-1257), ch. 254, p. 1066, � 12, effective August 9.