As used in this article 95:
(1) Authority means the Colorado water resources and power development authority created by this article.
(2) Beneficial use means a use of water, including the method of diversion, storage, transportation, treatment, and application, that is reasonable and consistent with the public interest in the proper utilization of water resources, including, but not limited to, domestic, agricultural, industrial, power, municipal navigational, fish and wildlife, and recreational uses.
(3) Board means the board of directors of the authority.
(4) Bonds means bonds, notes, or other obligations issued by the authority pursuant to this article.
(4.5) Clean water act means the Federal Water Pollution Control Act Amendments of 1972, Pub.L. 92-500, as amended.
(4.7) (Deleted by amendment, L. 2003, p. 2410, � 4, effective June 5, 2003.)
(4.8) Drinking water project eligibility list means the list of projects eligible for financial assistance from the authority through the drinking water revolving fund or its other bonding capabilities, as adopted and from time to time modified in accordance with section 37-95-107.8 (4). The list shall consist of new or existing water management facilities that extend, protect, improve, or replace domestic drinking water supplies in the state of Colorado and may include any domestic drinking water supply projects eligible for financial assistance through a state revolving fund pursuant to the terms of the Safe Drinking Water Act, as defined in subsection (12.2) of this section.
(4.9) Forest health project means:
(a) A management action that improves the ecological health of a forest, including, but not limited to:
(I) Reducing the threat of uncharacteristically large or intense insect and disease epidemics;
(II) Reducing the threat or impact of uncharacteristically large or high-intensity wildfires;
(III) Reducing the impact of undesirable nonnative species;
(IV) Replanting trees in burned or otherwise deforested areas; and
(V) (Deleted by amendment, L. 2021.)
(b) In addition to the management actions specified in subsections (4.9)(a)(I) to (4.9)(a)(IV) of this section, improvement of the use of, or addition of value to, small diameter trees and harvesting woody vegetation for, or using woody vegetation in, the production of energy, fuels, forest products, or other applications. A forest health project may, but need not, constitute all or part of a plan adopted by a community under section 23-31-312 (3.5).
(5) (a) Governmental agencies means departments, divisions, or other units of state government, special districts, water conservation districts, metropolitan water districts, conservancy districts, irrigation districts, municipal corporations, counties, cities, and other political subdivisions, and the United States or any agency thereof.
(b) Governmental agencies also includes enterprises and any entity, agency, commission, or authority established by any governmental agency specified in paragraph (a) of this subsection (5), including, without limitation, those established pursuant to an interstate compact or other intergovernmental compact or agreement.
(6) Hydroelectric facilities means facilities for the hydrogeneration or transmission of electric power and energy.
(7) Notes means notes issued by the authority pursuant to this article.
(8) Owner includes all individuals, copartnerships, associations, corporations, or governmental agencies having any title or interest in any property rights, easements, and interests authorized to be acquired by this article.
(9) Person means any individual, firm, partnership, association, or corporation, or two or more or any combination thereof.
(10) Project means any water management facility or hydroelectric facility, including undivided or other interests therein, acquired or constructed or to be acquired or constructed by the authority under this article, including all buildings and facilities that the authority deems necessary for the operation of the project, together with all property rights, water rights, easements, and interests, including gathering, storage, treatment, and transmission facilities, unless adequate transmission capacity is available from any existing public utility, which may be required for such operation. Project also includes any water management facility, hydroelectric facility, or watershed protection projects and forest health projects financed in whole or in part by the authority.
(10.5) (Deleted by amendment, L. 2005, p. 38, � 1, effective March 23, 2005.)
(11) Public roads includes all public highways, roads, railroads, and streets in the state, whether maintained by the state, a county, a city, or any other political subdivision.
(12) Public utility facilities includes tracks, pipes, mains, conduits, cables, wires, towers, poles, and other equipment and appliances of any public utility.
(12.2) Safe drinking water act means the federal Safe Drinking Water Act, 42 U.S.C. sec. 300f et seq., as amended or supplemented.
(12.5) (a) (I) Small water resources project means any water management facility or hydroelectric facility that is or will be financed in whole or in part by the authority and in which the total amount of financing provided by the authority to any participating governmental agency does not exceed five hundred million dollars.
(II) (Deleted by amendment, L. 2002, p. 78, � 1, effective March 22, 2002.)
(b) and (c) (Deleted by amendment, L. 98, p. 142, � 1, effective April 2, 1998.)
(13) Water management facilities means facilities for the purpose of the development, use, and protection of water resources, including, without limiting the generality of the foregoing, facilities for water supply and treatment, facilities for streamflow improvement, dams, reservoirs, and other impoundments, water transmission lines, sewerage facilities, water wells and well fields, pumping stations and works for underground water recharge, stream-monitoring systems, and facilities for the stabilization of stream and river banks.
(13.5) Water pollution control project eligibility list means the list of projects eligible for financial assistance from the authority through the water pollution control revolving fund or its other bonding capabilities, as adopted and from time to time modified in accordance with section 37-95-107.6 (4). The list shall consist of a project or projects from the project priority list for federal funds adopted by the Colorado water quality control commission for publicly owned treatment works as defined in section 212 of the clean water act and nonpoint source management program projects pursuant to section 319 of the clean water act.
(14) Water resources means all waters in or arising from rivers, streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, underground aquifers, and other bodies, geologic formations, or accumulations of water, either natural or artificial, which are situated wholly or partly within, or which border upon, this state.
(15) Watershed protection project means an undertaking to improve or protect a domestic or agricultural supply watershed, including, but not limited to, activities to achieve fire prevention or wildfire hazard reduction or post-fire remediation, soil stabilization, water supply continuance, or water quality maintenance or improvement within the watershed. A watershed protection project does not include undertakings where the purpose is to materially increase water quantity.
Source: L. 81: Entire article added, p. 1795, � 1, effective July 1. L. 82: (4) amended, p. 542, � 1, effective April 2. L. 83: (10) amended, p. 1441, � 1, effective June 10. L. 88: (4.5) and (10.5) added, p. 1246, � 2, effective April 4. L. 89: (12.5) added, p. 1432, � 2, effective April 18. L. 94: (4.7) added, p. 1373, � 2, effective May 25. L. 95: (4.8) and (12.2) added, p. 937, � 1, effective May 25. L. 98: (5), (6), and (12.5) amended, p. 142, � 1, effective April 2. L. 2002: (12.5)(a) and (13) amended, p. 78, � 1, effective March 22. L. 2003: (4.7) and (12.5)(a)(I) amended, p. 2410, � 4, effective June 5. L. 2005: (10.5) amended and (13.5) added, p. 38, � 1, effective March 23. L. 2008: (4.9) and (15) added and (10) amended, p. 1537, � 1, effective July 1. L. 2013: (4.9) amended, (SB 13-273), ch. 406, p. 2375, � 5, effective June 5. L. 2018: IP and (4.5) amended, (SB 18-019), ch. 6, p. 37, � 1, effective August 8. L. 2021: (4.9) amended, (HB 21-1008), ch. 159, p. 908, � 12, effective May 20.
Cross references: For the legislative declaration in the 2013 act amending subsection (4.9), see section 1 of chapter 406, Session Laws of Colorado 2013.
37-95-104. Establishment of authority - board of directors - removal - organization - compensation - dissolution. (1) There is hereby created the Colorado water resources and power development authority, which shall be a body corporate and a political subdivision of the state. The authority shall not be an agency of state government, nor shall it be subject to administrative direction by any department, commission, board, bureau, or agency of the state, except to the extent provided by this article.
(2) (a) The powers of the authority shall be vested in the governing body of the authority which shall be a board of directors consisting of nine members who shall be appointed by the governor, with the consent of the senate, as follows:
(I) One member from the Rio Grande drainage basin;
(II) One member from the North Platte drainage basin;
(III) One member from the Arkansas drainage basin;
(IV) One member from the South Platte drainage basin outside the city and county of Denver;
(V) One member from the city and county of Denver who is familiar with its water problems;
(VI) One member from the Yampa-White drainage basins;
(VII) One member from the main Colorado drainage basin;
(VIII) One member from the Gunnison-Uncompahgre drainage basins;
(IX) One member from the San Miguel-Dolores-San Juan drainage basins.
(b) Appointments to the board shall be made so as to include one member who shall be experienced in water project financing, one member who shall be experienced in the engineering aspects of water projects, one member who shall be experienced in the planning and developing of water projects, one member who shall be experienced in public health issues related to drinking water or water quality matters, and one member who shall be experienced in water law. Members of the board shall be representative of the water districts from which they are appointed.
(c) No more than five members of the board shall be members of the same major political party.
(3) Members of the board shall be appointed for terms of four years; except that the terms shall be staggered so that no more than three members' terms expire in the same year. Each member shall hold office for the term of the member's appointment and until a successor has been appointed. A member shall be eligible for reappointment. Any vacancy in the membership occurring other than by expiration of term shall be filled in the same manner as the original appointment but for the unexpired term only.
(4) Each member may be removed from office by the governor for cause. Each member shall take an oath or affirmation in accordance with section 24-12-101.
(5) The members of the board shall elect a chairman and a vice-chairman. The members of the board shall also elect a secretary and a treasurer who need not be members, and the same person may be elected to serve as both secretary and treasurer. The powers of the board shall be vested in the members thereof in office from time to time, and five members of the board shall constitute a quorum at any meeting thereof. Action may be taken and motions and resolutions adopted by the board at any meeting thereof by the affirmative vote of at least five members of the authority. No vacancy in the membership of the board shall impair the right of a quorum of the members to exercise all the powers and perform all the duties of the board.
(6) Each member of the board not otherwise in full-time employment of the state shall receive a per diem of one hundred dollars for each day actually and necessarily spent in the discharge of official duties, and all members shall receive traveling and other necessary expenses actually incurred in the performance of official duties.
(7) The authority may be dissolved by an act passed by the general assembly on condition that the authority has no debts or obligations outstanding or that provision has been made for the payment or retirement of such debts or obligations. Upon any such dissolution of the authority, all property, funds, and assets thereof shall be vested in the state.
Source: L. 81: Entire article added, p. 1796, � 1, effective July 1. L. 2006: (2)(b) amended, p. 151, � 1, effective March 31. L. 2008: (6) amended, p. 43, � 1, effective August 5. L. 2018: (4) amended, (HB 18-1138), ch. 88, p. 704, � 46, effective August 8. L. 2022: (3) and (4) amended, (SB 22-013), ch. 2, p. 86, � 114, effective February 25.
Cross references: (1) For the provisions that designate the Colorado water resources and power development authority as a special purpose authority for the purposes of section 20 of article X of the Colorado constitution, see � 24-77-102 (15).
(2) For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018.
37-95-105. Records and meetings of board - disclosure of interests required. (1) All resolutions and orders shall be recorded and authenticated by the signature of the chairman and the secretary of the board. Every legislative act of the board of a general or permanent nature shall be by resolution. The book of resolutions, corporate acts, and orders shall be a public record. A public record shall also be made of all other proceedings of the board, minutes of the meetings, annual reports, certificates, contracts, and bonds given by officers, employees, and any other agents of the authority. The account of all moneys received by and disbursed on behalf of the authority shall also be a public record. Any public record of the authority shall be open for inspection by any citizen. All records shall be subject to uniform budget and audit laws, as set forth in article 1 of title 29, C.R.S., and shall be subject to regular audits, as provided therein.
(2) All meetings of the board shall be open to the public. No business of the board shall be transacted except at a regular or special meeting at which a quorum is present. One or more members of the board may participate in any meeting and may vote through the use of telecommunications devices, including, but not limited to, a conference telephone or similar communications equipment. Such participation through telecommunications devices shall constitute presence in person at such meeting. Such use of telecommunications shall not supersede any requirements for public hearing otherwise provided by law.
(3) Any board member, employee, or other agent or adviser of the board who has a direct or indirect interest in any contract or transaction with the authority shall disclose this interest to the board. This interest shall be set forth in the minutes of the board, and no board member, employee, or other agent or adviser having such interest shall participate on behalf of the board in the authentication of any such contract or transaction.
Source: L. 81: Entire article added, p. 1797, � 1, effective July 1. L. 91: (2) amended, p. 902, � 3, effective April 19. L. 2008: (2) amended, p. 43, � 2, effective August 5.