Colorado Code § 37-75-105

Interbasin compact committee - report
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(1) (a) To facilitate the process of
interbasin compact negotiations, a twenty-seven-member interbasin compact committee is
created. The interbasin compact committee includes the following members:
(I) Two representatives from each basin roundtable, at least one of whom must reside
within the borders of the roundtable and at least one of whom must own adjudicated water rights,
including owners of shares in a ditch or reservoir company or their agents. Any such agent shall
be appointed by the representative the agent represents and must reside within the borders of the
representative's roundtable.
(II) Six at-large members appointed by the governor. The governor's appointments must
come from geographically diverse parts of the state and must include individuals with expertise
in environmental, recreational, local governmental, industrial, or agricultural matters. No more
than three of the governor's appointees may be affiliated with the same political party.
(III) One member appointed by the chair of the house agriculture, livestock, and water
committee, or its successor committee;
(IV) One member appointed by the chair of the senate agriculture and natural resources
committee, or its successor committee; and
(V) The director of compact negotiations.
(b) As soon as practicable following June 7, 2005, the committee shall establish bylaws
to govern its actions, including a procedure whereby basin roundtables that opt out of the
procedures established in this article are no longer represented on the committee but may opt
back in.
(2) (a) Not later than July 1, 2006, the interbasin compact committee shall establish and
refer to the general assembly an interbasin compact charter that shall govern and guide all
negotiations between basin roundtables under this article. Upon receipt, consideration, and
approval of the charter by the general assembly acting by bill, negotiations between basin
roundtables may commence. Any compact or other agreement established using the procedures
established in this article shall fully comply with the terms, requirements, and procedures
established in the interbasin compact charter as approved pursuant to this subsection (2).
(b) The general assembly hereby approves the interbasin compact charter as submitted to
the general assembly on April 6, 2006, by the interbasin compact committee. The revisor of
statutes shall publish the full text of the charter in the Colorado Revised Statutes as nonstatutory
matter in accordance with section 2-5-102 (9), C.R.S.
(3) At a minimum, the interbasin compact charter shall include the following:
(a) A negotiating framework and foundational principles to guide voluntary negotiations
between basin roundtables, including present and future consumptive and nonconsumptive water
uses and such policies as may be necessary to ensure that compacts or other agreements between
roundtables do not conflict or otherwise not conform with one another;
(b) Subject to the principles established in section 37-75-102, procedures for ratifying
compacts or other agreements between basin roundtables, including the requirement that every
basin roundtable whose waters are affected by a proposed compact or other agreement shall
provide its affirmative support for such proposed compact or other agreement before such
compact or agreement is final or binding;
(c) As deemed appropriate by the interbasin compact committee but subject to the
principles established in section 37-75-102, authorities and procedures for making compacts or
other agreements between roundtables legally binding and enforceable; and
(d) As deemed appropriate by the interbasin compact committee, procedures for
integrating the processes established in this article with existing planning, permitting, and public
participation processes related to the conservation and development of water within Colorado;
except that no provision of the charter shall supercede, impair, or otherwise modify the authority,
jurisdiction, or permitting powers of counties or other local government entities.
(4) Notwithstanding section 24-1-136 (11)(a)(I), commencing in 2006, the committee
shall submit an annual report to the house of representatives committee on agriculture, livestock,
and natural resources and the senate committee on agriculture, natural resources, and energy, or
their successor committees, by October 31 concerning the status of compact negotiations and, in
consultation with the Colorado water conservation board created in section 37-60-102, how
money from the water supply reserve fund created in section 39-29-109 (2)(c) was allocated
during the previous twelve months for water activities approved by basin roundtables.
(5) The committee shall be deemed to be a state public body for purposes of the open
meetings law, part 4 of article 6 of title 24, C.R.S.

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