As used in this article 95:
(1) Authority means the Colorado water resources and power development
authority created by this article.
(2) Beneficial use means a use of water, including the method of diversion,
storage, transportation, treatment, and application, that is reasonable and
consistent with the public interest in the proper utilization of water resources,
including, but not limited to, domestic, agricultural, industrial, power, municipal
navigational, fish and wildlife, and recreational uses.
(3) Board means the board of directors of the authority.
(4) Bonds means bonds, notes, or other obligations issued by the authority
pursuant to this article.
(4.5) Clean water act means the Federal Water Pollution Control Act
Amendments of 1972, Pub.L. 92-500, as amended.
(4.7) (Deleted by amendment, L. 2003, p. 2410, � 4, effective June 5, 2003.)
(4.8) Drinking water project eligibility list means the list of projects eligible
for financial assistance from the authority through the drinking water revolving
fund or its other bonding capabilities, as adopted and from time to time modified in
accordance with section 37-95-107.8 (4). The list shall consist of new or existing
water management facilities that extend, protect, improve, or replace domestic
drinking water supplies in the state of Colorado and may include any domestic
drinking water supply projects eligible for financial assistance through a state
revolving fund pursuant to the terms of the Safe Drinking Water Act, as defined in
subsection (12.2) of this section.
(4.9) Forest health project means:
(a) A management action that improves the ecological health of a forest,
including, but not limited to:
(I) Reducing the threat of uncharacteristically large or intense insect and
disease epidemics;
(II) Reducing the threat or impact of uncharacteristically large or high-intensity wildfires;
(III) Reducing the impact of undesirable nonnative species;
(IV) Replanting trees in burned or otherwise deforested areas; and
(V) (Deleted by amendment, L. 2021.)
(b) In addition to the management actions specified in subsections (4.9)(a)(I)
to (4.9)(a)(IV) of this section, improvement of the use of, or addition of value to,
small diameter trees and harvesting woody vegetation for, or using woody
vegetation in, the production of energy, fuels, forest products, or other applications.
A forest health project may, but need not, constitute all or part of a plan adopted by
a community under section 23-31-312 (3.5).
(5) (a) Governmental agencies means departments, divisions, or other units
of state government, special districts, water conservation districts, metropolitan
water districts, conservancy districts, irrigation districts, municipal corporations,
counties, cities, and other political subdivisions, and the United States or any
agency thereof.
(b) Governmental agencies also includes enterprises and any entity,
agency, commission, or authority established by any governmental agency
specified in paragraph (a) of this subsection (5), including, without limitation, those
established pursuant to an interstate compact or other intergovernmental compact
or agreement.
(6) Hydroelectric facilities means facilities for the hydrogeneration or
transmission of electric power and energy.
(7) Notes means notes issued by the authority pursuant to this article.
(8) Owner includes all individuals, copartnerships, associations,
corporations, or governmental agencies having any title or interest in any property
rights, easements, and interests authorized to be acquired by this article.
(9) Person means any individual, firm, partnership, association, or
corporation, or two or more or any combination thereof.
(10) Project means any water management facility or hydroelectric facility,
including undivided or other interests therein, acquired or constructed or to be
acquired or constructed by the authority under this article, including all buildings
and facilities that the authority deems necessary for the operation of the project,
together with all property rights, water rights, easements, and interests, including
gathering, storage, treatment, and transmission facilities, unless adequate
transmission capacity is available from any existing public utility, which may be
required for such operation. Project also includes any water management facility,
hydroelectric facility, or watershed protection projects and forest health projects
financed in whole or in part by the authority.
(10.5) (Deleted by amendment, L. 2005, p. 38, � 1, effective March 23, 2005.)
(11) Public roads includes all public highways, roads, railroads, and streets
in the state, whether maintained by the state, a county, a city, or any other political
subdivision.
(12) Public utility facilities includes tracks, pipes, mains, conduits, cables,
wires, towers, poles, and other equipment and appliances of any public utility.
(12.2) Safe drinking water act means the federal Safe Drinking Water
Act, 42 U.S.C. sec. 300f et seq., as amended or supplemented.
(12.5) (a) (I) Small water resources project means any water management
facility or hydroelectric facility that is or will be financed in whole or in part by the
authority and in which the total amount of financing provided by the authority to
any participating governmental agency does not exceed five hundred million
dollars.
(II) (Deleted by amendment, L. 2002, p. 78, � 1, effective March 22, 2002.)
(b) and (c) (Deleted by amendment, L. 98, p. 142, � 1, effective April 2, 1998.)
(13) Water management facilities means facilities for the purpose of the
development, use, and protection of water resources, including, without limiting the
generality of the foregoing, facilities for water supply and treatment, facilities for
streamflow improvement, dams, reservoirs, and other impoundments, water
transmission lines, sewerage facilities, water wells and well fields, pumping
stations and works for underground water recharge, stream-monitoring systems,
and facilities for the stabilization of stream and river banks.
(13.5) Water pollution control project eligibility list means the list of
projects eligible for financial assistance from the authority through the water
pollution control revolving fund or its other bonding capabilities, as adopted and
from time to time modified in accordance with section 37-95-107.6 (4). The list shall
consist of a project or projects from the project priority list for federal funds
adopted by the Colorado water quality control commission for publicly owned
treatment works as defined in section 212 of the clean water act and nonpoint
source management program projects pursuant to section 319 of the clean water
act.
(14) Water resources means all waters in or arising from rivers, streams,
lakes, ponds, marshes, watercourses, waterways, wells, springs, irrigation systems,
drainage systems, underground aquifers, and other bodies, geologic formations, or
accumulations of water, either natural or artificial, which are situated wholly or
partly within, or which border upon, this state.
(15) Watershed protection project means an undertaking to improve or
protect a domestic or agricultural supply watershed, including, but not limited to,
activities to achieve fire prevention or wildfire hazard reduction or post-fire
remediation, soil stabilization, water supply continuance, or water quality
maintenance or improvement within the watershed. A watershed protection project
does not include undertakings where the purpose is to materially increase water
quantity.