(1) The board consists of fifteen members as follows: (a) The executive director of the department of natural resources, who is a voting member ex officio; (b) The attorney general, who is a nonvoting member ex officio; (c) The state engineer, who is a nonvoting member ex officio; (d) The director of the division of parks and wildlife, who is a nonvoting member ex officio; (e) The commissioner of agriculture or the commissioner's designee, who is a nonvoting member ex officio; (f) The director of the board, who is a nonvoting member ex officio; and (g) Nine members who are qualified electors of the state, well versed in water matters, and appointed by the governor, with the consent of the senate, for terms of three years. To the extent possible, appointments to the board must include persons representing the following areas of experience and expertise: Water resource management; water project financing; engineering, planning, and development of water projects; water law; and irrigated farming or ranching. The nine appointed members are chosen geographically as follows: (I) Four from the western slope as follows: (A) One from the Yampa-White drainage basin; (B) One from the main Colorado drainage basin; (C) One from the Gunnison-Uncompahgre drainage basin; and (D) One from the San Miguel-Dolores-San Juan drainage basins. (II) Five from the eastern slope as follows: (A) One from the Rio Grande drainage basin; (B) One from the North Platte drainage basin; (C) One from the Arkansas drainage basin; (D) One from the South Platte drainage basin outside of the city and county of Denver; and (E) One from the city and county of Denver and intimately familiar with its water problems. (2) No more than five appointees to the board may be affiliated with the same political party. (3) Appointed members of the board must be residents of the geographic area they represent. (4) Members of the board may not vote by proxy. Pursuant to section 1 of article XII of the state constitution, unless removed according to law, members of the board shall exercise the duties of their office until a successor is duly appointed, qualified, and confirmed. Pursuant to section 6 (1) of article IV of the state constitution, no person appointed by the governor pursuant to this section to a vacancy occurring while the senate is in session may take office until confirmed by the senate. The appointments shall be made in such a manner that the terms of three members shall expire on February 12 of each year. In case any vacancy occurs in the appointed membership of the board, the governor shall appoint a successor to serve the unexpired term of any member of the board within thirty days after the creation of such vacancy. (5) [Editor's note: Subsection (5) is effective January 1, 2025.] (a) Each year that a board member appointed pursuant to subsection (1)(g) of this section serves on the board, the member shall participate in at least two public meetings in the geographic area that the member represents, unless the meeting is virtual. (b) Members are entitled to be reimbursed for reasonable costs incurred in participating in public meetings pursuant to subsection (5)(a) of this section as necessary expenses actually incurred in the performance of official duties in accordance with section 37-60-111. (c) The director of the board shall: (I) For each board member subject to the public meetings requirement set forth in subsection (5)(a) of this section, track and report to the chair of the board the status of the board member's public meetings at least once per year at a time determined by the chair; and (II) Provide the data tracked under subsection (5)(c)(I) of this section to the executive director of the department of natural resources for inclusion in the department's annual "SMART Act" presentation to the general assembly pursuant to section 2-7-203. (d) The governor may determine that a board member's failure to participate in public meetings pursuant to this subsection (5) qualifies as cause for removal from the board.
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