Statutes

37-92-305(4)(c)  |  Agricultural Water Protection Water Rights

The owner of an absolute decreed irrigation water right used for agricultural purposes may file an application to the water court to change the right to an “agricultural water protection water right” (AWPWR).

Related CWCB program areas: ATM Grants

Article 4, Title 24  |  Administrative Organization Act of 1968

Addresses creation and operation of state agencies.

Related CWCB program areas: All

24-4-103  |  Rule-making procedures

Describes procedures by which state agencies adopt rules.

Related CWCB program areas: Flood Mitigation, Weather Modification, Instream Flow

24-6-402  |  Open Meetings Law

Governs the conduct of public meetings by state agencies, including notice requirements and executive session topics. 

Related CWCB program areas: All

24-33-104 (a)  |  Divisions under the department

Identifies the CWCB as a division of the Department of Natural Resources (DNR).

Related CWCB program areas: All

24-33-111  |  Conservation of native species - fund created

Establishes a fund for use by the DNR, CDOW and CWCB for programs benefitting native species that are listed as endangered or threatened, or likely to be so listed.

Related CWCB program areas: Endangered Species, Instream Flow

30-30-105  |  Colorado water conservation board - grants to counties

Enables the CWCB to make grants to counties to assist with removing stream flow obstructions.

Related CWCB program areas: Flood Mitigation

Article 20, Title 36  |  Weather modification

Establishes weather modification program and permitting procedures.

Related CWCB program areas: Weather Modification

Article 60, Title 37  |  Colorado Water Conservation Board

Outlines general provisions regarding the CWCB.

Related CWCB program areas: All

37-60-106  |  Duties of the board

Describes the Board's powers and duties. 

Related CWCB program areas: All

37-60-115  |  Water studies

Identifies water studies to be conducted by the Board. 

Related CWCB program areas: Conservation

37-60-119  |  Construction of water and power facilities - contracts with and charges against users

Authorizes the Board to loan money for water projects.

Related CWCB program areas: Water Project Loan Program

37-60-120  |  Control of projects - contractual powers of board

Authorizes the Board to impose conditions on loan contracts.

Related CWCB program areas: Water Project Loan Program

37-60-121.1  |  Reserved rights litigation fund

Establishes a fund for use by the Attorney General to litigate federal reserved water rights claims.

Related CWCB program areas: Interstate & Federal

37-60-122  |  General assembly approval

Describes which Construction Fund loans and expenditures require General Assembly approval.

Related CWCB program areas: Water Project Loan Program

37-60-122.2  |  Fish and wildlife resources - legislative declaration - fish and wildlife resources fund - authorization

Establishes requirements for mitigating effects of water projects on fish and wildlife resources and funding for mitigation and enhancement grants.

Related CWCB program areas: Water Project Loan Program, Instream Flow, Watershed Protection & Restoration  

37-60-122.3  |  Wild and scenic rivers fund - created

Establishes a fund for work with stakeholders to develop protection of river-dependent resources as an alternative to Wild and Scenic River designation.

Related CWCB program areas: Interstate & Federal, Instream Flow

37-60-122.5  |  Emergency dam repair cash fund

Establishes a fund for emergency dam repairs.

Related CWCB program areas: Water Project Loan Program

37-60-122.7  |  Feasibility study small grant fund - creation

Authorizes the Board to make small grants for water project feasibility studies.

Related CWCB program areas: Water Project Loan Program

37-60-122.9  |  Colorado river recovery program loan fund - creation

Authorizes the Board to make loans to the Colorado and San Juan River Recovery Programs for water projects under agreements with power users of the Colorado River Storage Project.

Related CWCB program areas: Water Project Loan Program

37-60-123.1  |  Loan foreclosure fund - created

Establishes a fund for costs of foreclosure proceedings against delinquent borrowers.

Related CWCB program areas: Water Project Loan Program

37-60-123.2  |  Flood response fund - created

Authorizes funding for flood preparedness and for flood response and recovery activities.

Related CWCB program areas: Flood Mitigation

37-60-123.5  |  Agricultural emergency drought response

Authorizes the Board to make loans and grants to agricultural organizations for emergency drought-related water augmentation purposes.

Related CWCB program areas: Water Project Loan Program

37-60-123.7  |  Acquisitions of water for instream flows

Establishes an annual appropriation of funds to pay for the costs of acquiring water for instream flow use.

Related CWCB program areas: Instream Flow

37-60-124  |  Office of water conservation and drought planning - creation - powers and duties

Creates the Office of Water Conservation and Drought Planning, outlining the powers and duties of the Office.

Related CWCB program areas: Water Conservation, Drought Planning

37-60-126  |  Water conservation and drought mitigation planning – programs relationship to state assistance for water facilities – guidelines - water efficiency grant program

Creates the Water Efficiency Grant Fund that authorizes funding for water conservation planning and implementation projects, public education and outreach projects; mandates that all covered entities are required to submit a water conservation plan to the CWCB for approval.

Related CWCB program areas: Water Conservation

37-60-126.5  |  Drought mitigation planning – programs - relationship to state assistance

Authorizes funding for drought mitigation planning projects.

Related CWCB program areas: Drought Planning

37-60-127  |  Applicability of provisions requiring funding by political subdivisions of the state

Qualifies funding requirements of covered entities that are political subdivisions of the state.

Related CWCB program areas: Water Conservation, Drought Planning

37-60-130  |  Well augmentation loans

Authorizes the Board to make loans to organizations or entities for obtaining water to replace out-of-priority depletions to surface water rights and to prevent material depletion of stateline flows that might result in a violation of compacts or interstate decrees.

Related CWCB program areas: Water Project Loan Program

Article 61, Title 37  |  Colorado River Compact

Allocates 75 million acre feet (AF) of consumptive use, over each 10-year period, to the lower Colorado River Basin below Lee Ferry, Arizona. The remainder is available for use in the upper basin. The Compact is between seven states: Colorado, Wyoming, Utah, New Mexico, Arizona, Nevada and California.

Related CWCB program areas: Interstate Compacts

Article 62, Title 37  |  Upper Colorado River Compact

Allocates the remaining consumptive use of Colorado River water after the downstream obligation has been met between the five states with streams above Lee Ferry, Arizona: Arizona - 50,000 AF/yr; Colorado - 51.75% of remainder; Utah - 23%; Wyoming - 14%; and New Mexico - 11.25%.

Related CWCB program areas: Interstate Compacts

Article 63, Title 37  |  La Plata River Compact

Apportions the La Plata River between Colorado and New Mexico. From February 16 - November 30 each year, if the flow at the state line drops below 100 cubic feet/second (cfs), Colorado must ensure delivery of one-half of the flow of the river at Hesperus to New Mexico.

Related CWCB program areas: Interstate Compacts

Article 64, Title 37  |  Animas-La Plata Project Compact

Assures New Mexico water users the same priority as Colorado users for water delivered by the Animas-La Plata Project.

Related CWCB program areas: Interstate Compacts

Article 65, Title 37  |  South Platte River Compact

Compact between Colorado and Nebraska for the use of water in Lodgepole Creek and the South Platte River. From April 1 to October 15, if the mean flow of the South Platte River at Julesberg drops below 120 cfs and water is needed for beneficial use in Nebraska, water in the lower basin in Colorado with rights junior to June 1897 must be curtailed or augmented to provide water to Nebraska.

Related CWCB program areas: Interstate Compacts

Article 66, Title 37  |  Rio Grande River Compact

Establishes delivery obligations of Colorado and New Mexico for scheduled deliveries of water to Elephant Butte Reservoir.

Related CWCB program areas: Interstate Compacts

Article 67, Title 37  |  Republican River Compact

Allocates the right to beneficial consumptive use of water from identified streams. The Compact is between Colorado, Nebraska and Kansas.

Related CWCB program areas: Interstate Compacts

Article 68, Title 37  |  Amended Costilla Creek Compact

Establishes uses, allocations and administration of Costilla Creek. The Compact is between Colorado and New Mexico.

Related CWCB program areas: Interstate Compacts

Article 69, Title 37  |  Arkansas River Compact

Apportions the water of the Arkansas River to Colorado (60%) and Kansas (40%). Colorado delivers water from John Martin Reservoir or administers water rights below the reservoir to assure deliveries to Kansas. The Compact is between Colorado and Kansas.

Related CWCB program areas: Interstate Compacts

37-75-101 - 37-75-106  |  Colorado Water for the 21st Century Act

Establishes the Interbasin Compact Process and the Basin Roundtables.

Related CWCB program areas: Interbasin Compact Committee, Basin Roundtables

37-83-105  |  Temporary loans of water for instream flow use

Authorizes water rights owners to loan water to the CWCB for instream flow use and sets forth procedures for obtaining State Engineer approval of such loans.

Related CWCB program areas: Instream Flow

37-90-117  |  Water conservation board - duties

Describes the duty of the CWCB to investigate and determine the nature and extent of the state's ground water resources.

Related CWCB program areas: All

37-92-102  |  Colorado’s instream flow and natural lake level program

Establishes the Instream Flow and Natural Lake Level Program and how the Board implements the program.

Related CWCB program areas: Instream Flow

37-92-102  |  Process for modifying instream flow water rights

Describes the Board's authority regarding protection and enforcement of instream flow water rights and establishes a process for modifying instream flow water rights.

Related CWCB program areas: Instream Flow

37-92-102  |  Participation in endangered fish recovery programs

Authorizes the Board to participate in the recovery implementation program for endangered fish species in the Upper Colorado River basin and to appropriate instream flow water rights that will preserve the natural environment of those fish to a reasonable degree. 

Related CWCB program areas: Instream Flow, Endangered Species

37-92-102  |  Recreational in-channel diversions

Sets forth findings the Board must make regarding water court applications for recreational in-channel diversions.

Related CWCB program areas: Recreational In-channel Diversions

37-92-103  |  Definitions

Sets forth definitions of terms used in the Water Right Determination and Administration Act of 1969.

Related CWCB program areas: All

37-92-305  |  Re-use of consumptive use water downstream of the instream flow reach

Requires inclusion of language in water court change decrees implementing contracts for donations, leases and loans of water for instream flow use.

Related CWCB program areas: Instream Flow

37-95-107  |  Feasibility studies - repayment of costs

Requires the Board to review feasibility studies of construction projects proposed for funding by the Colorado Water Resources and Power Development Authority and provides for repayment of costs of such studies to the Board under certain conditions.

Related CWCB program areas: Water Project Loan Program

37-97-103  |  Mandatory use of metered delivery and billing systems

Mandates that every water service provider should provide a metered water delivery and billing system to its customers.

Related CWCB program areas: Water Conservation

39-22-533  |  Instream Flow Incentive Tax Credit for Water Rights Holders

Allows CWCB to approve instream flow incentive tax credit for permanent transfers of water rights to the ISF Program.

Related CWCB program areas: Instream Flow

39-29-109  |  Severance tax trust fund - created - administration - use of moneys

Establishes the Severance Tax Trust Fund and the Perpetual Base Account, Operational Account and Water Supply Reserve Account, and specifies how such moneys may be spent.

Related CWCB program areas: All