§ 37-90-104 — Commission - organization - expenses

(1) There is created the
ground water commission, which consists of twelve members, nine of whom are
appointed by the governor and confirmed by the senate. The ground water
commission is a type 1 entity, as defined in section 24-1-105.

(2) (a) All appointments to the commission are for terms of four years,
except those made to fill vacancies, which shall be for the remainder of the term
vacated.

(b) Appointments by the governor shall be made as follows:

(I) Six members who are resident agriculturists of designated groundwater
basins, with no more than two resident agriculturists from the same groundwater
basin to be members of the commission at the same time;

(II) One member who is a resident agriculturist and who is from water division
3; and

(III) Two residents of the state of Colorado who represent municipal or
industrial water users of the state, one of whom is from the area west of the
continental divide.

(3) In addition to the appointed members, the commission includes:

(a) The executive director of the department of natural resources, who is a
voting member;

(b) The state engineer, who is a nonvoting member; and

(c) The director of the Colorado water conservation board, who is a nonvoting
member.

(4) (a) Six voting members constitutes a quorum at any regularly or specially
called meeting of the commission, and a majority vote of those present shall rule.

(b) The commission shall establish and maintain a schedule of at least four
general meetings each year. The chair, at the chair's discretion, or two voting
members may call special meetings of the commission to dispose of accumulated
business.

(5) Members of the commission shall be paid no compensation but shall be
paid actual necessary expenses incurred by them in the performance of their duties
as members and a per diem of fifty dollars per day while performing official duties,
not to exceed two thousand four hundred dollars in any year.

(6) (a) The commission shall biennially select a chair and vice-chair from
among the appointed members.

(b) The state engineer shall be ex officio the executive director of the
commission and shall carry out and enforce the decisions, orders, and policies of
the commission.

(c) The commission may delegate to the executive director the authority to
perform any of the functions of the commission as set forth in this article 90 except
the determination of a designated groundwater basin as set forth in section 37-90-106 and the creation of ground water management districts.

(d) If any person is dissatisfied with any action of the executive director
under the exercise of the powers delegated by the commission, the person may
appeal said action to the commission, which shall hear the person's appeals as
specified in sections 37-90-113 and 37-90-114.

(7) The provisions of section 24-6-402 (3)(a)(II) concerning imminent court
action, as applied to the ground water commission and to any member, employee,
contractor, agent, servant, attorney, or consultant of the commission, shall not
include any actions within the scope of sections 37-90-106 to 37-90-109 and
section 37-90-111.

Legislative History

Source: L. 65: R&RE, p. 1248, � 1. C.R.S. 1963: � 148-18-3. L. 67: p. 52, � 1. L. 69: p. 1198, �� 1, 2. L. 71: pp. 1312, 1319, 1320, �� 3, 1-3. L. 83: (4) amended and (7) added, p. 1416, � 1, effective June 10. L. 98: (5) amended, p. 1074, � 1, effective June 1; (5) and (6) amended, p. 1212, � 3, effective August 5. L. 2001: (7) amended, p. 1279, � 51, effective June 5. L. 2022: Entire section amended, (SB 22-013), ch. 2, p. 84, � 113, effective February 25; (1) amended, (SB 22-162), ch. 469, p. 3410, � 169, effective August 10.