Colorado § 37-90-104 - Commission - organization - expenses.

§ 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.

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.

Editor's note: (1) Subsection (5) was amended in Senate Bill 98-15. Those amendments were superseded by the amendment of subsection (5) in House Bill 98-1151.

(2) Amendments to this section by SB 22-013 and SB 22-162 were harmonized.

Cross references: For the short title (the "Debbie Haskins 'Administrative Organization Act of 1968' Moderization Act") in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.

ANNOTATION

Applied in Danielson v. Kerbs AG., Inc., 646 P.2d 363 (Colo. 1982); Pioneer Irrigation Dists. v. Danielson, 658 P.2d 842 (Colo. 1983).