PRIA, Government Policy, Made Personal

Source: L. 2015: Entire section added, (SB 15-245), ch. 133, p. 410, � 1, effective May 1. L. 2018: (3) amended, (SB 18-218), ch. 336, p. 2019, � 26, effective May 30.

Editor's note: Subsection (3) provided for the repeal of this section, effective July 1, 2019. (See L. 2018, p. 2019.)

37-60-132. Invasive phreatophyte control program - creation - fund - repeal. (Repealed)

Source: L. 2015: Entire section added, (HB 15-1006), ch. 185, p. 604, � 1, effective August 5.

Editor's note: Subsection (6) provided for the repeal of this section, effective September 1, 2018. (See L. 2015, p. 604.)

37-60-133. Minimum criteria and guidelines for agricultural water protection programs - definition. (1) (a) The board shall develop minimum criteria and guidelines for the establishment of an agricultural water protection program in each water division pursuant to section 37-92-305 (19)(b)(IV)(B) to assure sufficient protection and monitoring of agricultural water protection water rights pursuant to section 37-92-305 (19)(b)(III).

(b) The board may promulgate separate minimum criteria and guidelines for each water division.

(c) (I) Until finalization of the criteria and guidelines, the board shall post and periodically update draft criteria and guidelines on its website.

(II) The board shall consider any comments it receives on the draft criteria and guidelines, and, upon the request of an eligible entity, as defined in section 37-92-305 (19)(c), the board shall hold a meeting with the eligible entity to receive the eligible entity's comments.

(III) The board shall hold at least one public meeting in each water division to present the draft criteria and guidelines and receive comments on them.

(2) The board shall finalize the criteria and guidelines within one year after initiating the process to develop criteria and guidelines.

(3) As used in this section, agricultural water protection water right has the same meaning as in section 37-92-305 (19)(a).

Source: L. 2016: Entire section added, (HB 16-1228), ch. 175, p. 598, � 1, effective August 10. L. 2024: (1)(a) amended, (SB 24-197), ch. 276, p. 1835, � 3, effective August 7.

Cross references: For the legislative declaration in SB 24-197, see section 1 of chapter 276, Session Laws of Colorado 2024.

37-60-134. Groundwater compact compliance and sustainability fund - creation - conservation district recommendations for expenditures - state engineer approval - legislative declaration - transfer - definitions - reports - notice to revisor of statutes - repeal. (1) The general assembly hereby:

(a) Finds and determines that:

(I) Groundwater well pumping in certain areas of the state provides the principal source of irrigation water supply but consequently may reduce the quantity of groundwater in the aquifers and may impact the hydrogeology of connected surface streams, resulting in reduced streamflows that threaten senior water rights and the state's compliance with interstate compacts;

(II) Groundwater use is extensive in four of the eight major river basins in Colorado, namely the Rio Grande, Republican, Arkansas, and South Platte river basins, and such groundwater use is closely tied to the agricultural economy in those areas;

(III) Previous United States supreme court litigation initiated in neighboring states regarding compact compliance by the Rio Grande, Arkansas, and Republican river basins have involved complaints regarding the extent of groundwater use in those areas. Settlements of the lawsuits in the Rio Grande and Republican river basins resulted in the creation of water conservation districts to address groundwater management and conservation.

(IV) Despite the conservation districts' and the state's diligent efforts to implement strategies to reduce groundwater use, including the creation of six groundwater management subdistricts in the Rio Grande river basin and the use of various federal, state, and local funding sources to incentivize the purchase and retirement of irrigated acreage, extensive groundwater use in the Rio Grande and Republican river basins continues to threaten aquifer sustainability, senior water rights, and compact compliance;

(V) As part of the efforts to reduce groundwater use, the state entered into a stipulation with Kansas and Nebraska in 2016 in which the state agreed to retire twenty-five thousand acres of irrigated acreage in the Republican river basin by 2029, and, pursuant to standards for groundwater management set forth in section 37-92-501 (4), the groundwater management subdistrict number 1 created in the Rio Grande water conservation district is required to retire forty thousand acres of irrigated acreage by 2029;

(VI) To date, only about three thousand acres have been retired in the Republican river basin and only about thirteen thousand acres have been retired in the Rio Grande river basin; and

(VII) If the acreage retirement requirements in the Rio Grande and Republican river basins are not met, the state might be required to mandate groundwater use reductions for productive farmland in the basins to achieve compact compliance, thus threatening the agricultural economies in the river basins; and

(b) Declares that:

(I) Greater funding is needed to incentivize the retirement of irrigation wells and irrigated acreage to comply with the groundwater use reduction requirements;

(II) To accelerate the state's progress in retiring irrigated acreage in the Republican and Rio Grande river basins in order to meet state-mandated deadlines, a state fund should be created to provide financial incentives and assistance for the buying and retiring of irrigation wells and irrigated acreage in the basins;

(III) Such use of state money would also help promote conservation and sustainability of groundwater resources in furtherance of the state water plan developed pursuant to section 37-60-106.3; and

(IV) The board should administer the fund and distribute money from the fund based on recommendations of the board of directors of the Rio Grande water conservation district appointed pursuant to section 37-48-103 or the board of directors of the Republican river water conservation district appointed pursuant to section 37-50-104, which recommendations the state engineer should first review.

(2) The general assembly further finds and declares that:

(a) This section is intended to respond to the negative economic impacts caused by the COVID-19 pandemic and resulting public health emergency by providing financial incentives for the voluntary retirement of irrigated acreage and wells in order to maintain interstate compact compliance and for the promotion of conservation and sustainability of groundwater resources in furtherance of the state water plan;

(b) Money allocated to the state pursuant to the American Rescue Plan Act of 2021 and transferred to the groundwater compact compliance and sustainability fund created in subsection (3)(a) of this section may be used for the purposes of this section; and

(c) The compact compliance, groundwater resource sustainability, and groundwater conservation purposes described in this section are important government services.

(3) (a) The groundwater compact compliance and sustainability fund is hereby created in the state treasury and consists of money that the general assembly may appropriate or transfer to the fund; money that the state may receive from federal sources, including federal sources of stimulus funding or recovery funding; and any gifts, grants, or donations that the board seeks, accepts, and expends for the purposes set forth in this section. The money in the fund is subject to annual appropriation by the general assembly.

(b) The board shall administer the fund to implement the groundwater compact compliance and sustainability purposes established in accordance with this section. The board may use up to five percent of the money annually appropriated to the fund to pay the board's direct and indirect costs, as well as the direct and indirect costs incurred by the Rio Grande water conservation district, the Republican river water conservation district, and the state engineer in implementing this section.

(4) The board may disburse money from the fund for purposes related to compact compliance and groundwater resource sustainability and conservation, including the financing of programs directed at buying and retiring irrigated acreage to reduce groundwater use. The board of directors of the Rio Grande water conservation district and the board of directors of the Republican river water conservation district, in collaboration with the board and the state engineer, may each establish eligibility and application criteria for disbursement of money from the fund. Each board of directors shall post on its website any criteria established pursuant to this subsection (4).

(5) The board shall disburse money from the fund based on recommendations from the board of directors of either the Rio Grande water conservation district or the Republican river water conservation district, which recommendations must first be approved by the state engineer.

(6) If all groundwater reduction requirements established by federal or state court order or stipulation have been met and all statutorily mandated groundwater reduction standards have been achieved, this section will be repealed; except that this section shall not be repealed before January 1, 2025. The board shall notify the revisor of statutes in writing of the date when the conditions specified in this subsection (6) have occurred by emailing the notice to revisorofstatutes.ga@coleg.gov. The board shall also send a copy of the notice to the state treasurer who, within three days after receiving the notice, shall transfer any money remaining in the fund to the general fund. This section is repealed, effective upon the date identified in the notice or, if the notice does not specify that date, upon the date of the notice to the revisor of statutes.

(7) (a) For the 2022-23 state fiscal year, the general assembly shall appropriate to the fund sixty million dollars from the economic recovery and relief cash fund created in section 24-75-228 (2)(a). The board may use the money appropriated for the purposes set forth in this section. Except as provided in subsection (7)(b) of this section, any money appropriated to the fund in the 2022-23 state fiscal year that is unobligated or unexpended at the end of the state fiscal year remains available for expenditure by the board in subsequent state fiscal years without further appropriation, subject to the requirements for obligating and expending money received under the American Rescue Plan Act of 2021, as specified in section 24-75-226 (4)(d).

(b) On August 15, 2024, if there is unobligated or unencumbered money in the fund, the state treasurer shall:

(I) If the amount of unobligated or unencumbered money is twenty million dollars or less, transfer all of the unobligated money to the water plan implementation account; or

(II) If the amount of unobligated or unencumbered money is greater than twenty million dollars, transfer to the water plan implementation account twenty million dollars.

(8) (a) The board and any person that receives money from the board pursuant to this section or section 37-60-123.3 (3) shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).

(b) Commencing in 2023, and for each year thereafter through 2027, as part of its annual presentations to the general assembly under the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act, part 2 of article 7 of title 2, the department of natural resources shall report on how much money the board has expended under this section and if the board expects to expend the full sixty million dollars for the purposes set forth in this section or, if money is transferred to the water plan implementation account in 2024, if the board is on track to expend the full sixty million dollars for the purposes set forth in this section and the purposes set forth in section 37-60-123.3 (3).

(9) As used in this section, unless the context otherwise requires:

(a) American Rescue Plan Act of 2021 means the federal American Rescue Plan Act of 2021, Pub.L. 117-2, as the act may be subsequently amended.

(b) COVID-19 means the coronavirus disease caused by the severe acute respiratory syndrome coronavirus 2, also known as SARS-CoV-2.

(d) Water plan implementation account means the water plan implementation account created in section 37-60-123.3 (3)(b).

Source: L. 2022: Entire section added, (SB 22-028), ch. 211, p. 1396, � 1, effective May 23. L. 2024: (7)(b) amended, (HB 24-1466), ch. 429, p. 2947, � 46, effective June 5.

Cross references: For the legislative declaration in HB 24-1466, see section 1 of chapter 429, Session Laws of Colorado 2024.

37-60-135. State turf replacement program - creation - administration - turf replacement fund - creation - legislative declaration - definitions. (1) The general assembly finds and declares that:

(a) Promoting the efficient and maximum utilization of Colorado's water resources by decreasing the amount of irrigated turf can:

(I) Increase communities' resilience regarding drought and climate change;

(II) Reduce the sale of agricultural water rights in response to increased demand for municipal water use; and

(III) Protect river flows;

(b) Irrigation of outdoor landscaping accounts for nearly half of water use within the municipal and industrial sectors of the state and is mostly used for irrigation of nonnative turf grass;

(c) While there are appropriate and important uses for irrigated turf, including for parks, sports fields, playgrounds, and portions of residential yards, much of the turf in the state is nonessential and is located in areas that receive little, if any, use. Such irrigated turf could be replaced with water-wise landscaping without impacting quality of life or landscape functionality.

(d) Examples of nonessential turf include turf used for:

(I) Medians;

(II) Areas adjacent to open spaces or transportation corridors;

(III) Areas sloped with more than a twenty-five percent grade;

(IV) Storm water drainage and detention basins;

(V) Commercial, institutional, or industrial properties;

(VI) Common elements in a common interest community, as those terms are defined in section 38-33.3-103; and

(VII) Portions of residential yards;

(e) Water-wise landscaping must play a critical role in providing substantial and permanent water savings and in minimizing water waste in Colorado communities;

(f) Local jurisdictions should establish policies that reduce nonessential turf used for new developments or redeveloped areas and increase the use of water-wise landscaping;

(g) The state must prioritize the use of water-wise landscaping for existing and new state government properties;

(h) Turf replacement programs provide a proven and effective strategy for reducing outdoor water demand significantly, and evidence from existing programs demonstrates that, for each acre of turf removed, one to two acre-feet per year of water savings can be realized, meaning that for every one hundred acres of turf converted to water-wise landscapes, up to two hundred acre-feet per year of water may be conserved; and

(i) The board should develop a state turf replacement program to incentivize the voluntary replacement of irrigated turf on residential properties and commercial, institutional, or industrial properties as a means of responding to increased water demand throughout the state.

(2) As used in this section, unless the context otherwise requires:

(a) Campus means a collection of two or more buildings that are owned and operated by the same person and have a shared purpose and function as a single property.

(b) Commercial, institutional, or industrial or CII:

(I) Means the commercial, institutional, or industrial sector in the state; and

(II) Includes local governments, schools, and businesses.

(I) A district or special district formed pursuant to title 32, including a metropolitan district, as defined in section 32-1-103 (10); a water and sanitation district, as defined in section 32-1-103 (24); and a water district, as defined in section 32-1-103 (25);

(II) A water conservancy district established under article 45 of this title 37; or

(III) A water conservation district established under article 46, 47, 48, or 50 of this title 37.

(d) Eligible entity means any of the following entities that already administer or plan to administer a turf replacement program in the state:

(I) A local government;

(II) A district;

(III) A Native American tribe; or

(IV) A nonprofit organization.

(e) Invasive plant species means plants that are not native to the state and that:

(I) Are introduced into the state accidentally or intentionally;

(II) Have no natural competitors or predators in the state because the state is outside of their competitors' or predators' range; and

(III) Have harmful effects on the state's environment or economy or both.

(f) Local government means a statutory or home rule municipality, county, or city and county.

(g) (I) Residential property means any real property upon which a dwelling is constructed.

(II) Residential property includes:

(A) Both units and common elements in a common interest community, as those terms are defined in section 38-33.3-103; and

(B) Single-family detached properties and single-family attached properties that are not in a common interest community.

(h) School means:

(I) A public school maintained and operated by a school district created pursuant to article 30 of title 22;

(II) A district charter school as defined in section 22-11-103 (12);

(III) An institute charter school as defined in section 22-11-103 (17);

(IV) A private school as defined in section 22-30.5-103 (6.5);

(V) A state institution of higher education as defined in section 23-1-108 (7)(g)(II); or

(VI) A private institution of higher education as defined in section 23-18-102 (9).

(i) Turf means continuous plant coverage consisting of nonnative grasses or grasses that have not been hybridized for arid conditions and which, when regularly mowed, form a dense growth of leaf blades and roots.

(j) Turf replacement fund or fund means the turf replacement fund created in subsection (6) of this section.

(k) Turf replacement program or program means a program through which financial compensation or in-kind or subsidized goods or services are provided to assist with the voluntary replacement of irrigated turf for:

(I) Residential properties; and

(II) CII properties, including industrial and business campuses.

(l) Water-wise landscape or water-wise landscaping:

(I) Means a water- and plant-management practice that:

(A) Is intended to be functional and attractive;

(B) Emphasizes the use of plants that require lower supplemental water, such as native and drought-tolerant plants; and

(II) Prioritizes the following seven key principles:

(A) Planning and design for water conservation, beauty, and utility;

(B) Improving soil;

(D) Limiting turf to high traffic, essential areas;

(E) Selecting plants that have low water demand;

(F) Applying mulch; and

(G) Maintaining the landscape.

(3) On or before July 1, 2023, the board shall develop a state turf replacement program:

(a) To provide money to an eligible entity that itself provides matching money in an amount up to fifty percent of the direct and indirect costs that the eligible entity and any third party it contracts with in developing or implementing a turf replacement program will incur;

(b) Through one or more third-party contractors chosen in accordance with subsection (5) of this section, to administer one or more turf replacement programs in areas throughout the state in which no eligible entity has developed or is planning to implement a turf replacement program during a specified irrigation season. Turf replacement programs developed pursuant to this subsection (3)(b) may serve residential properties; commercial, institutional, or industrial properties; or both.

(c) Through which money appropriated or transferred to the turf replacement fund may be provided to an eligible entity that utilizes federal funds to serve as a portion of the nonfederal match money that a federal grant or loan program requires of the eligible entity.

(4) (a) With regard to an eligible entity applicant seeking money for a turf replacement program that it administers or plans to administer, the eligible entity may apply to the board in the form and manner determined by the board for money to assist the eligible entity in providing turf replacement for:

(I) Its own property;

(II) Residential property within the eligible entity's boundaries or service area; or

(III) Commercial, institutional, or industrial property located within the eligible entity's boundaries or service area.

(b) An eligible entity awarded money:

(I) May use a portion of the money to cover its direct and indirect costs, including the direct and indirect costs incurred by any third-party contractor, in developing and administering a turf replacement program;

(II) Is encouraged to require that its program participants update irrigation systems to efficiently irrigate water-wise landscaping as a condition of participating in the eligible entity's turf replacement program; and

(III) Is encouraged to require that its program participants maintain or create defensible space to reduce wildfire risk.

(c) The board's application requirements for applications received pursuant to this subsection (4) must include a requirement that the eligible entity demonstrate to the satisfaction of the board that:

(I) The eligible entity has matching money as required under subsection (3)(a) of this section;

(II) The eligible entity will start using any money awarded for implementation of a turf replacement program within twelve months after being awarded the money;

(III) If the eligible entity has an existing turf replacement program, the eligible entity will use the money awarded in a manner that expands its turf replacement program, either by increasing the financial incentives offered per property or by expanding the annual total acreage of turf replaced under the program; and

(IV) The eligible entity will not allow the use of money for the replacement of turf with any of the following:

(A) Impermeable concrete;

(B) Artificial turf;

(D) Invasive plant species; or

(E) Turf.

(5) (a) The board shall contract with one or more third parties, selected in compliance with the Procurement Code, articles 101 to 112 of title 24, to administer one or more turf replacement programs in accordance with subsection (3)(b) of this section. The board and third-party contractor or contractors may use money from the turf replacement fund to cover their direct and indirect costs in developing and administering one or more turf replacement programs under this subsection (5). The board and third-party contractor or contractors shall collaborate to develop one or more turf replacement programs that:

(I) Are based on industry best practices and that may then serve as a model for turf replacement programs that eligible entities administer;

(II) Are designed to require that:

(A) Removed turf be replaced with a minimum percentage of living plant species;

(B) Low or medium water-use plant species or both are used instead of high water-use plant species in replacing the turf;

(D) There is an emphasis on creating and maintaining defensible space to reduce wildfire risk.

(III) Offer rebates or in-kind or subsidized goods or services to property owners in an amount that balances incentivizing property owners to voluntarily participate in the program while not discouraging eligible entities in the area from developing and administering a local program to serve the area.

(b) The board shall establish the responsibilities and the accountability of the third-party contractor or contractors in managing the program pursuant to this subsection (5), which responsibilities and accountability must include:

(I) Ensuring all project work is being completed in an efficient manner and within the project budget;

(II) Developing and submitting program invoices to the board; and

(III) Providing the board with progress reports about the program and a final report regarding use of the money awarded for the program, including administrative costs.

(c) A residential property owner or CII property owner or manager may apply to a third-party contractor, in a form and manner determined by the board and the third-party contractor, for money for turf replacement on the applicant's property as part of a turf replacement program established pursuant to this subsection (5). The application developed by the board and third-party contractor must inform an applicant that applicants receiving money under this subsection (5):

(I) May use the money to cover the cost of all design, materials, plantings, and labor required to complete landscaping and irrigation system modifications to remove turf and replace it with water-wise landscaping;

(II) Are encouraged to update irrigation systems to efficiently irrigate water-wise landscaping as part of the applicants' participation in the program; and

(III) Shall not use the money to replace turf with any of the following:

(A) Impermeable concrete;

(B) Artificial turf;

(D) Invasive plant species; or

(E) Turf.

(6) (a) (I) The turf replacement fund is hereby created in the state treasury to be administered by the board for implementation of this section. The fund consists of money that the general assembly may appropriate or transfer to the fund, any federal money that the board receives for the program, and any gifts, grants, or donations that the board receives from private or public sources pursuant to subsection (6)(a)(II) of this section. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.

(II) The board may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section.

(b) Subject to annual appropriation by the general assembly, the board may use the money in the fund for the purposes set forth in this section until the money is expended.

(7) Nothing in this section shall be construed to add a requirement for a water conservation plan that a covered entity files pursuant to section 37-60-126 (2).

Source: L. 2022: Entire section added, (HB 22-1151), ch. 435, p. 3061, � 1, effective August 10.

Editor's note: Subsection (6)(c)(II) provided for the repeal of subsection (6)(c), effective July 1, 2023. (See L. 2022, p. 3061.)