Second Regular Session
Seventieth General Assembly

STATE OF COLORADO

INTRODUCED
HOUSE BILL 16-1256

LLS NO. 16-0630.01 Jennifer Berman x3286

HOUSE SPONSORSHIP
Brown, Humphrey, Priola, Roupe, Nordberg, Windholz, Everett, Lundeen, Klingenschmitt,
Thurlow, Wist, Sias, Dore, DelGrosso, Leonard, Willett, Van Winkle, Wilson, Rankin, Arndt,
Becker J., Conti, Coram, Landgraf, Navarro, Saine, Singer, Vigil

SENATE SPONSORSHIP
Sonnenberg,

House Committees

Senate Committees

Agriculture, Livestock, & Natural Resources
Appropriations

A BILL FOR AN ACT
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CONCERNING

A STUDY REGARDING THE CREATION OF ADDITIONAL

WATER STORAGE IN THE SOUTH PLATTE RIVER BASIN.

Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://www.leg.state.co.us/billsummaries.)
Section 1 of the bill requires the Colorado water conservation
board (board), in collaboration with the state engineer, to conduct or
commission a hydrology study of the South Platte river basin to
determine, for each of the previous 20 years, the amount of water that has
been delivered to Nebraska from the river in excess of the amount
required under the South Platte river compact. The study must also
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute.

 include a list of locations that have been identified as possible sites for the
construction of a reservoir along the mainstem and tributaries of the
South Platte river between Greeley, Colorado, and Julesburg, Colorado.
For each listed location, the study must include information on the
amount of water that could have been stored in a reservoir at the site, a
list of any property that the federal bureau of reclamation or another
government agency has purchased for construction of the site, an estimate
of the cost to construct a reservoir at the site, and a cost-benefit analysis
for constructing a reservoir at the site. The board, in collaboration with
the state engineer, is required to provide a report summarizing the study
to the committees of reference in the house of representatives and the
senate that have jurisdiction over natural resources matters.
Section 2 transfers $250,000 from the severance tax perpetual base
fund to the Colorado water conservation board construction fund on July
1, 2016.

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Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 37-60-115, add (11)
as follows:

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37-60-115. Water studies - rules - repeal. (11) South Platte

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river storage study - report - repeal. (a) Legislative declaration.

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(I) THE GENERAL ASSEMBLY HEREBY FINDS THAT:

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(A) COLORADO'S

WATER PLAN IDENTIFIES INCREASED WATER

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STORAGE AS AN IMPORTANT GOAL AND SETS FORTH AN OBJECTIVE TO

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ATTAIN AN ADDITIONAL FOUR HUNDRED THOUSAND ACRE FEET OF WATER

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STORAGE IN COLORADO BY 2050; AND

(B) IN 2015, MORE THAN TWO MILLION ACRE FEET OF WATER THAT

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WERE DELIVERED TO

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HAVE BEEN STORED AND USED IN COLORADO.

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NEBRASKA

BY THE

SOUTH PLATTE

RIVER COULD

(II) THE GENERAL ASSEMBLY FURTHER DETERMINES THAT WATER
STORAGE PROVIDES NUMEROUS BENEFITS, INCLUDING:

(A) AN INCREASED ABILITY TO ADDRESS COLORADO'S PREDICTED
FUTURE WATER SUPPLY GAPS;

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HB16-1256

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(B) PROVIDING AQUIFER RECHARGE;

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(C) REDUCING THE

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NEED TO IMPORT WATER FROM ONE WATER

BASIN TO ANOTHER WATER BASIN THROUGH A TRANSBASIN DIVERSION;

(D)

REDUCING

RELIANCE ON THE PRACTICE OF BUYING

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AGRICULTURAL WATER RIGHTS AND DRYING UP THE AGRICULTURAL LAND

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SERVED BY THE WATER RIGHTS;

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(E) RECREATIONAL BENEFITS;

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(F) FLOOD CONTROL;

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(G)

INCREASING

PRODUCTION BY ALLOWING AGRICULTURAL

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PUMPING OF WELLS, WHICH WILL LOWER THE WATER LEVELS IN AREAS

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WHERE WELLS HAVE BEEN SHUT OFF DUE TO HIGH GROUNDWATER LEVELS;

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(H) INCREASED

MUNICIPAL, INDUSTRIAL, AND AGRICULTURAL

WATER SUPPLY; AND

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(I) INCREASED AGRICULTURAL PRODUCTION.

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(III) THEREFORE,

THE GENERAL ASSEMBLY DECLARES THAT A

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STUDY SHOULD BE CONDUCTED TO IDENTIFY POSSIBLE WATER STORAGE

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SITES ALONG THE SOUTH PLATTE RIVER BASIN.

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(b) THE BOARD, IN COLLABORATION WITH THE STATE ENGINEER,

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SHALL CONDUCT OR COMMISSION A HYDROLOGY STUDY OF THE

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PLATTE RIVER BASIN TO ESTIMATE, FOR EACH OF THE PREVIOUS TWENTY

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YEARS, THE VOLUME OF WATER THAT:

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(I)

HAS

BEEN DELIVERED TO

NEBRASKA

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AMOUNT REQUIRED TO BE DELIVERED BY THE

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COMPACT, ARTICLE 65 OF THIS TITLE; AND

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SOUTH

IN EXCESS OF THE

SOUTH PLATTE

RIVER

(II) COULD HAVE OTHERWISE BEEN STORED IN THE LOWER SOUTH
PLATTE RIVER BASIN.
(c) THE STUDY MUST INCLUDE A LISTING OF THE LOCATIONS THAT

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HAVE BEEN IDENTIFIED AS POSSIBLE SITES FOR THE CONSTRUCTION OF A

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NEW RESERVOIR ON THE MAINSTEM AND TRIBUTARIES OF THE

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PLATTE

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COLORADO.

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GREELEY, COLORADO,

AND

JULESBURG,

(d) FOR EACH POSSIBLE SITE IDENTIFIED PURSUANT TO PARAGRAPH
(c) OF THIS SUBSECTION (11), THE STUDY MUST INCLUDE:

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RIVER BETWEEN

SOUTH

(I) AN ESTIMATE OF THE VOLUME OF WATER THAT COULD HAVE
BEEN STORED ANNUALLY;

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(II)

USING

RELEVANT RECORDS TO WHICH THE PERSONS

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CONDUCTING THE STUDY MAY ACCESS, INCLUDING RECORDS OF THE

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FEDERAL BUREAU OF RECLAMATION AND OTHER FEDERAL AGENCIES, A

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LISTING OF ANY PROPERTY THAT THE FEDERAL BUREAU OF RECLAMATION

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OR OTHER GOVERNMENT AGENCY HAS PURCHASED FOR CONSTRUCTION OF

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THE SITE;

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(III) AN ESTIMATE OF THE COST TO CONSTRUCT A RESERVOIR AT

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THE SITE, INCLUDING THE ESTIMATED COSTS OF OBTAINING NECESSARY

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PERMITS AND ACQUIRING PROPERTY; AND

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(IV) A COST-BENEFIT ANALYSIS FOR CONSTRUCTING A RESERVOIR

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AT THE SITE, INCLUDING CONSIDERATION OF POTENTIAL ENVIRONMENTAL,

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FINANCIAL, AND LEGAL CONSTRAINTS AND POTENTIAL BENEFITS,

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INCLUDING:

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(A) ADDRESSING COLORADO'S PREDICTED FUTURE WATER SUPPLY
GAPS;

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(B) PROVIDING AQUIFER RECHARGE;

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(C) REDUCING

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THE NEED TO IMPORT WATER INTO THE

SOUTH

PLATTE RIVER BASIN FROM OTHER WATER BASINS;
(D)

REDUCING

RELIANCE ON THE PRACTICE OF BUYING

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HB16-1256

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AGRICULTURAL WATER RIGHTS AND DRYING UP THE AGRICULTURAL LAND

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SERVED BY THE WATER RIGHTS;

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(E) RECREATIONAL BENEFITS;

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(F) FLOOD CONTROL;

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(G) INCREASING

PRODUCTION BY ALLOWING AGRICULTURAL

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PUMPING OF WELLS, WHICH WILL LOWER THE WATER LEVELS IN AREAS

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WHERE WELLS HAVE BEEN SHUT OFF DUE TO HIGH GROUNDWATER LEVELS;

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(H) INCREASED

MUNICIPAL, INDUSTRIAL, AND AGRICULTURAL

WATER SUPPLY;

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(I) INCREASED AGRICULTURAL PRODUCTION; AND

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(J) ANY OTHER BENEFIT.

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(e) THE BOARD, IN COLLABORATION WITH THE STATE ENGINEER,

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SHALL:

(I) COMPLETE THE

STUDY AS EXPEDITIOUSLY AS PRACTICABLE,

BUT NOT LATER THAN NOVEMBER 30, 2016; AND

(II)

ON

OR BEFORE

JANUARY 20, 2017,

PROVIDE A REPORT

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SUMMARIZING THE STUDY TO THE COMMITTEES OF REFERENCE IN THE

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HOUSE OF REPRESENTATIVES AND THE SENATE WITH JURISDICTION OVER

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NATURAL RESOURCES.

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(f) THE BOARD MAY ACCEPT

AND EXPEND GIFTS, GRANTS, AND

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DONATIONS FOR THE PURPOSES OF THIS SUBSECTION

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IMPLEMENTATION OF THIS SUBSECTION

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RECEIPT OF GIFTS, GRANTS, AND DONATIONS. THE BOARD SHALL TRANSMIT

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ALL MONEY RECEIVED THROUGH GIFTS, GRANTS, OR DONATIONS TO THE

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STATE TREASURER, WHO SHALL CREDIT THEM TO THE COLORADO WATER

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CONSERVATION BOARD CONSTRUCTION FUND CREATED IN SECTION

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37-60-121.

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(11),

BUT THE

(11) IS NOT DEPENDENT ON THE

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(g) THIS SUBSECTION (11) IS REPEALED, EFFECTIVE JULY 1, 2018.

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SECTION 2. In Colorado Revised Statutes, 39-29-109, amend

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(2) introductory portion; and add (2) (a) (XV) as follows:

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39-29-109. Severance tax trust fund - created - administration

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- distribution of money - repeal. (2) State severance tax receipts shall

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be credited to the severance tax trust fund as provided in section

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39-29-108. Except as otherwise set forth in section 39-29-109.5, all

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income derived from the deposit and investment of the moneys MONEY

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in the fund shall be credited to the fund. At the end of any fiscal year, all

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unexpended and unencumbered moneys

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therein REMAINS IN THE FUND and shall not be credited or transferred to

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the general fund or any other fund. All moneys MONEY in the fund are IS

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subject to appropriation by the general assembly for the following

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purposes:

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(a)

The

severance

tax

MONEY

in the fund remain

perpetual

base

fund.

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(XV) NOTWITHSTANDING ANY PROVISION OF THIS PARAGRAPH (a) TO THE

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CONTRARY, ON JULY

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TWO HUNDRED FIFTY THOUSAND DOLLARS FROM THE FUND TO THE

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COLORADO

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CREATED IN SECTION

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COLORADO

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37-60-102, C.R.S.,

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STORAGE STUDY PURSUANT TO SECTION 37-60-115 (11), C.R.S.

1, 2016, THE STATE TREASURER SHALL TRANSFER

WATER CONSERVATION BOARD CONSTRUCTION FUND,

37-60-121 (1) (a), C.R.S.,

FOR USE BY THE

WATER CONSERVATION BOARD, CREATED IN SECTION
TO IMPLEMENT THE

SOUTH PLATTE

RIVER WATER

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SECTION 3. Safety clause. The general assembly hereby finds,

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determines, and declares that this act is necessary for the immediate

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preservation of the public peace, health, and safety.

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