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Statutes

Statute #  Colorado Revised Statute Title  Statute Descripton  CWCB Program Areas 
 Article 4, Title 24  Administrative Organization Act of 1968  Addresses creation and operation of state agencies. 
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 24-4-103 Rule-making procedures Describes procedures by which state agencies adopt rules.
 24-6-402  Open Meetings Law  Governs the conduct of public meetings by state agencies, including notice requirements and executive session topics. 
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 24-33-104 (a)   Divisions under the department.  Identifies the CWCB as a division of the Department of Natural Resources (DNR). 
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 24-33-111  Conservation of native species - fund created.  Establishes a fund for use by the DNR, CDOW and CWCB for programs benefitting native species that are listed as endangered or threatened, or likely to be so listed. 
 30-30-105 Colorado water conservation board - grants to counties.  Enables the CWCB to make grants to counties to assist with removing stream flow obstructions. 
 Article 20, Title 36   Weather modification.  Establishes weather modification program and permitting procedures. 
 Article 60, Title 37   Colorado Water Conservation Board.  Outlines general provisions regarding the CWCB. 
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 37-60-106 (1)   Duties of the board.  Describes the Board's powers and duties. 
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 37-60-115   Water studies.  Identifies water studies to be conducted by the Board. 
 37-60-119  Construction of water and power facilities - contracts with and charges against users.  Authorizes the Board to loan money for water projects. 
 37-60-120   Control of projects - contractual powers of board.  Authorizes the Board to impose conditions on loan contracts. 
 37-60-121   Colorado water conservation board construction fund - creation of - nature of fund - funds for investigations - contributions - use for augmenting the general fund - funds created.  Governs loans and expenditures from the Construction Fund. 
 37-60-121.1  Reserved rights litigation fund.  Establishes a fund for use by the Attorney General to litigate federal reserved water rights claims. 
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 37-60-122  General assembly approval.  Describes which Construction Fund loans and expenditures require General Assembly approval. 
 37-60-122.2   Fish and wildlife resources - legislative declaration - fish and wildlife resources fund - authorization.  Establishes requirements for mitigating effects of water projects on fish and wildlife resources and funding for mitigation and enhancement grants.  
 37-60-122.3  Wild and scenic rivers fund - created.  Establishes a fund for work with stakeholders to develop protection of river-dependent resources as an alternative to Wild and Scenic River designation. 
 37-60-122.5   Emergency dam repair cash fund.  Establishes a fund for emergency dam repairs. 
 37-60-122.7   Feasibility study small grant fund - creation.  Authorizes the Board to make small grants for water project feasibility studies. 
 37-60-122.9   Colorado river recovery program loan fund - creation.  Authorizes the Board to make loans to the Colorado and San Juan River Recovery Programs for water projects under agreements with power users of the Colorado River Storage Project. 
 37-60-123.1   Loan foreclosure fund - created.  Establishes a fund for costs of foreclosure proceedings against delinquent borrowers. 
 37-60-123.2   Flood response fund - created.  Authorizes funding for flood preparedness and for flood response and recovery activities. 
 37-60-123.5   Agricultural emergency drought response.  Authorizes the Board to make loans and grants to agricultural organizations for emergency drought-related water augmentation purposes. 
 37-60-123.7  Acquisitions of water for instream flows.  Establishes an annual appropriation of funds to pay for the costs of acquiring water for instream flow use. 
 37-60-124   Office of water conservation and drought planning - creation - powers and duties.  Creates the Office of Water Conservation and Drought Planning, outlining the powers and duties of the Office. 
 37-60-126   Water conservation and drought mitigation planning – programs relationship to state assistance for water facilities – guidelines - water efficiency grant program.  Creates the Water Efficiency Grant Fund that authorizes funding for water conservation planning and implementation projects, public education and outreach projects; mandates that all covered entities are required to submit a water conservation plan to the CWCB for approval. 
 37-60-126.5   Drought mitigation planning – programs - relationship to state assistance.  Authorizes funding for drought mitigation planning projects. 
 37-60-127 Applicability of provisions requiring funding by political subdivisions of the state. Qualifies funding requirements of covered entities that are political subdivisions of the state.
 37-60-130 Well augmentation loans. Authorizes the Board to make loans to organizations or entities for obtaining water to replace out-of-priority depletions to surface water rights and to prevent material depletions of stateline flows that might result in violation of compacts or interstate decrees.
 Article 61, Title 37 Colorado River Compact Allocates 75 million acre feet (AF) of consumptive use, over each 10-year period, to the lower Colorado River Basin below Lee Ferry, Arizona. The remainder is available for use in the upper basin. The Compact is between seven states: Colorado, Wyoming, Utah, New Mexico, Arizona, Nevada and California.
 Article 62, Title 37 Upper Colorado River Compact Allocates the remaining consumptive use of Colorado River water after the downstream obligation has been met between the five states with streams above Lee Ferry, Arizona: Arizona - 50,000 AF/yr; Colorado - 51.75% of remainder; Utah - 23%; Wyoming - 14%; and New Mexico - 11.25%.
 Article 63, Title 37 La Plata River Compact Apportions the La Plata River between Colorado and New Mexico. From February 16 - November 30 each year, if the flow at the state line drops below 100 cubic feet/second (cfs), Colorado must ensure delivery of one-half of the flow of the river at Hesperus to New Mexico.
 Article 64, Title 37 Animas-La Plata Project Compact Assures New Mexico water users the same priority as Colorado users for water delivered by the Animas-La Plata Project.
 Article 65, Title 37 South Platte River Compact Compact between Colorado and Nebraska for the use of water in Lodgepole Creek and the South Platte River. From April 1 to October 15, if the mean flow of the South Platte River at Julesberg drops below 120 cfs and water is needed for beneficial use in Nebraska, water in the lower basin in Colorado with rights junior to June 1897 must be curtailed or augmented to provide water to Nebraska.
 Article 66, Title 37 Rio Grande River Compact Establishes delivery obligations of Colorado and New Mexico for scheduled deliveries of water to Elephant Butte Reservoir.
 Article 67, Title 37 Republican River Compact Allocates the right to beneficial consumptive use of water from identified streams. The Compact is between Colorado, Nebraska and Kansas.
 Article 68, Title 37 Amended Costilla Creek Compact Establishes uses, allocations and administration of Costilla Creek. The Compact is between Colorado and New Mexico.
 Article 69, Title 37 Arkansas River Compact Apportions the water of the Arkansas River to Colorado (60%) and Kansas (40%). Colorado delivers water from John Martin Reservoir or administers water rights below the reservoir to assure deliveries to Kansas. The Compact is between Colorado and Kansas.
 37-75-101 - 37-75-106  Colorado Water for the 21st Century Act. Establishes the Interbasin Compact Process and the Basin Roundtables.
 37-83-105 (2) Temporary loans of water for instream flow use. Authorizes water rights owners to loan water to the CWCB for instream flow use and sets forth procedures for obtaining State Engineer approval of such loans.
 37-90-117 Water conservation board - duties. Describes the duty of the CWCB to investigate and determine the nature and extent of the state's ground water resources.
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 37-92-102 (3) Colorado’s instream flow and natural lake level program. Establishes the Instream Flow and Natural Lake Level Program and how the Board implements the program.
  37-92-102 (4) Process for modifying instream flow water rights. Describes the Board's authority regarding protection and enforcement of instream flow water rights and establishes a process for modifying instream flow water rights.
 37-92-102 (4d)   Participation in endangered fish recovery programs.  Authorizes the Board to participate in the recovery implementation program for endangered fish species in the Upper Colorado River basin and to appropriate instream flow water rights that will preserve the natural environment of those fish to a reasonable degree. 
  37-92-102 (5) Recreational in-channel diversions. Sets forth findings the Board must make regarding water court applications for recreational in-channel diversions.
 37-92-103 Definitions. Sets forth definitions of terms used in the Water Right Determination and Administration Act of 1969.
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 37-92-305 Re-use of consumptive use water downstream of the instream flow reach. Requires inclusion of language in water court change decrees implementing contracts for donations, leases and loans of water for instream flow use.
 37-95-107 Feasibility studies - repayment of costs. Requires the Board to review feasibility studies of construction projects proposed for funding by the Colorado Water Resources and Power Development Authority and provides for repayment of costs of such studies to the Board under certain conditions.
 37-97-103 Mandatory use of metered delivery and billing systems. Mandates that every water service provider should provide a metered water delivery and billing system to its customers.
 39-22-533 Instream Flow Incentive Tax Credit for Water Rights Holders Allows CWCB to approve instream flow incentive tax credit for permanent transfers of water rights to the ISF Program.
 39-29-109 Severance tax trust fund - created - administration - use of moneys. Establishes the Severance Tax Trust Fund and the Perpetual Base Account, Operational Account and Water Supply Reserve Account, and specifies how such moneys may be spent.
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