Colorado § 37-60-123.3 - Water plan implementation cash fund - created - water plan implementation account - created - legislative declaration - reporting - repeal.

§ 37-60-123.3. Water plan implementation cash fund - created - water plan implementation account - created - legislative declaration - reporting - repeal.

(1) (a) There is hereby created in the state treasury the water plan implementation cash fund, referred to in this section as the "fund". The fund consists of sports betting revenues transferred from the sports betting fund in accordance with section 44-30-1509, money transferred from the severance tax operational fund pursuant to section 39-29-109.3 (9), and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.

(b) Repealed.

(2) From the fund, the board may approve of:

(a) Grants pursuant to section 37-60-106.3 (6);

(b) Expenditures to ensure compliance with interstate water allocation compacts, equitable apportionment decrees, international treaties, and federal laws relating to interstate storage and release, apportionment, and allocation of water, including to support projects and processes that may include compensation to water users for temporary and voluntary reductions in consumptive use that are regionally equitable and avoid disproportionate, negative economic or environmental impacts to any single subbasin or region; and

(c) Expenditures that may be necessary for the administration of grants and compact expenditures listed in subsections (2)(a) and (2)(b) of this section.

(3) (a) The general assembly finds and declares that:

(I) This subsection (3) is intended to respond to the negative economic impacts caused by the COVID-19 pandemic, as defined in section 37-60-134 (9)(b), and the resulting public health emergency by providing grant money to promote projects and actions that advance progress toward accomplishing the critical actions identified in the state water plan;

(II) Money allocated to the state pursuant to the "American Rescue Plan Act of 2021", as defined in section 37-60-134 (9)(a), and transferred to the water plan implementation account may be used for the purposes of this subsection (3); and

(III) The water plan implementation purposes described in this subsection (3) are important government services.

(b) There is hereby created in the water plan implementation cash fund the water plan implementation account, referred to in this subsection (3) as the "account". The money in the account is continuously appropriated to the board to use for the purposes set forth in this subsection (3).

(c) The account consists of all money transferred to the account on August 15, 2024, from the groundwater compact compliance and sustainability fund created in section 37-60-134 (3)(a).

(d) The board and any person that receives money from the board pursuant to this subsection (3) shall comply with the compliance, reporting, record-keeping, and program evaluation requirement established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).

(e) This subsection (3) is repealed, effective September 1, 2027.

Source: L. 2019: Entire section added, (HB 19-1327), ch. 347, p. 3232, § 14, effective (see editor's note). L. 2021: (1) amended, (HB 21-1260), ch. 331, p. 2141, § 3, effective June 24. L. 2022: (3) added, (SB 22-028), ch. 211, p. 1400, § 2, effective May 23. L. 2023: (1)(a) amended, (SB 23-237), ch. 98, p. 365, § 2, effective April 20.

Editor's note: (1) Section 16 (2) of chapter 347 (HB 19-1327), Session Laws of Colorado 2019, provides that this section takes effect May 1, 2020, only if, at the November 2019 statewide election, a majority of voters approve the ballot question submitted pursuant to section 44-30-1514. That ballot question, referred to the registered electors as proposition DD, was approved on November 5, 2019, and was proclaimed by the Governor on December 20, 2019. The vote count for the measure was as follows:

FOR: 800,745

AGAINST: 756,712

(2) Subsection (1)(b)(II) provided for the repeal of subsection (1)(b), effective September 1, 2025. (See L. 2021, p. 2141.)

Cross references: For the legislative declaration in HB 21-1260, see section 1 of chapter 331, Session Laws of Colorado 2021.