Colorado legislative panel hopes to allow ditch company diversions impacted by #COFlood to avoid water court

Flooding St. Vrain River September, 2013 via Voice of America
Flooding St. Vrain River September, 2013 via Voice of America

From The Denver Post (Kurtis Lee):

As communities across Colorado continue to recover from September’s widespread floods, lawmakers on Friday proposed measures meant to alleviate some devastation and address future natural disasters. Among the measures proposed from the bipartisan flood recovery panel were efforts to free up cash for local jurisdictions and help landowners affected by shifts in streams and rivers. Current state law prohibits county commissioners from transferring general fund money into funds for road and bridge projects.

“We need to give counties the flexibility to fix their roads,” said Sen. Matt Jones, D-Louisville, who is sponsoring a measure that allows such transfers. “Because here’s a challenge: Boulder County has $10 million a year for their road and bridge fund and $100 million in repairs from the floods. And because federal funds come later, it creates a cash flow problem.”

The proposal, which has bipartisan support, allows counties to transfer money from its general funds to its road and bridge funds if the governor declares a disaster emergency in that county. Jones said the measure has also garnered the support of Colorado Counties Inc.

September’s floods spanned 24 counties. A mix of federal and state money allowed for the reopening of 27 roads and bridges with temporary repairs. Several years of complex challenges remain in these counties as each works toward permanent fixes to roads.

A separate proposal from Friday’s meeting at the state Capitol allows landowners with water rights to relocate, for example, a ditch head gate that becomes inoperable because of a change in the natural flow of a stream or river. Those individuals would have to consult with state engineers and meet certain criteria but would be able to bypass the state’s water court system, which can result in a lengthy process.

“This can no question help farmers because agriculture needs to be diverting water as soon as possible for the growing seasons,” said Rep. Jerry Sonnenberg, R-Sterling, who is sponsoring the proposal.

Several other ideas were floated by the committee, which plans to meet again in early January before the session convenes.

Rep. Mike Foote, D-Lafayette, brought forward a suggestion — but no draft of a bill — by the Colorado Oil and Gas Conservation Commission. Foote said the commission would like to give its director authority in cases of emergency to order shutdowns of oil and gas operations. Currently such orders must come from the commission’s board.

Sen. John Kefalas, D-Fort Collins, offered a proposal to wave the requirement that disaster recovery workers from out of state must pay Colorado state income taxes.

“They would be totally excluded,” said Kefalas, who hopes to present a draft bill to the committee at its next meeting.

More 2014 Colorado legislation coverage here.

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