2020 Colorado Revised Statutes
Title 37 - Water And Irrigation
Article 95. Colorado Water Resources and Power Development Authority
Section 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:

1. One member from the Rio Grande drainage basin;

2. One member from the North Platte drainage basin;

3. One member from the Arkansas drainage basin;

4. One member from the South Platte drainage basin outside the city and county ofDenver;

5. One member from the city and county of Denver who is familiar with its waterproblems;

6. One member from the Yampa-White drainage basins;

7. One member from the main Colorado drainage basin;

8. One member from the Gunnison-Uncompahgre drainage basins;(IX) One member from the San Miguel-Dolores-San Juan drainage basins.

2. Appointments to the board shall be made so as to include one member who shall beexperienced 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.

3. 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, of theoriginal terms commencing October 1, 1981, three members shall be appointed for terms of one year, two members shall be appointed for terms of two years, two members for terms of three years, and two members for terms of four years, at the governor's discretion. Each member shall hold office for the term of his appointment and until his successor has been appointed and has qualified. 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, after a publichearing, and may be suspended by the governor pending the completion of such hearing. 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 membersof 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 shallreceive 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.

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.