Colorado § 37-81-104 Fee for diversion - fund created

Colorado Statutes

§ 37-81-104 — Fee for diversion - fund created

Colorado § 37-81-104

Title 37Water and

Art.Diversion of Waters from State

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Bluebook

Colo. Rev. Stat. § 37-81-104 (2026).

Text

(1)(a) To effectuate the purposes of this article, the general assembly hereby authorizes a fee of fifty dollars per acre-foot to be assessed and collected by the state engineer on water diverted, carried, stored, or transported in this state for beneficial use outside this state measured at the point of release from storage or at the point of diversion.

(b)Notwithstanding the amount specified for the fee in paragraph (a) of this subsection (1), the state engineer by rule or as otherwise provided by law may reduce the amount of the fee if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of the fee is credited. After the uncommitted reserves of the fund are sufficiently reduced, the state engineer by

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(1) (a) To effectuate the
purposes of this article, the general assembly hereby authorizes a fee of fifty
dollars per acre-foot to be assessed and collected by the state engineer on water
diverted, carried, stored, or transported in this state for beneficial use outside this
state measured at the point of release from storage or at the point of diversion.

(b) Notwithstanding the amount specified for the fee in paragraph (a) of this
subsection (1), the state engineer by rule or as otherwise provided by law may
reduce the amount of the fee if necessary pursuant to section 24-75-402 (3), C.R.S.,
to reduce the uncommitted reserves of the fund to which all or any portion of the
fee is credited. After the uncommitted reserves of the fund are sufficiently
reduced, the state engineer by rule or as otherwise provided by law may increase
the amount of the fee as provided in section 24-75-402 (4), C.R.S.

(2) All moneys collected pursuant to subsection (1) of this section shall be
credited to the water diversion fund, which fund is hereby created. The general
assembly shall annually appropriate all moneys in said fund for water projects for
the state. Said appropriation shall be consistent with part 13 of article 3 of title 2,
C.R.S.