State Bill Colorado

Amendments for HB24-1379

House Journal, April 9
35 HB24-1379 be amended as follows, and as so amended, be referred to
36 the Committee on Finance with favorable
37 recommendation:
38
39 Amend printed bill, page 5, line 13, strike "WATER," and substitute
40 "WATER AND WILDLIFE HABITATS,".
41
42 Page 7, after line 14 insert:
43
44 "(a) "AQUATIC ECOSYSTEM" MEANS STATE WATERS THAT SERVE AS
45 HABITAT FOR INTERRELATED AND INTERACTING COMMUNITIES AND
46 POPULATIONS OF PLANTS AND ANIMALS.".
47
48 Reletter succeeding paragraphs accordingly.
49
50 Page 8, line 3, strike "(3)(d)(II)" and substitute "(3)(e)(II)".
51
52 Page 9, line 5, strike "(3)(e)(II)" and substitute "(3)(f)(II)".
53
54 Page 11, line 6, strike "AND" and substitute "GEOMORPHIC, OR".
55
1 Page 11, line 9, strike "(3)(k)(III)" and substitute "(3)(l)(III)".
2
3 Page 11, strike lines 19 through 27.
4
5 Page 12, strike line 1.
6
7 Reletter succeeding paragraphs accordingly.
8
9 Page 12, line 18, after "fill" insert "discharge".
10
11 Page 13, strike lines 8 through 14 and substitute:
12
13 "(D) DETAILS CONCERNING THE DIVISION'S CONSULTATION WITH
14 FEDERAL, STATE, LOCAL, AND TRIBAL ENTITIES, ESPECIALLY THOSE
15 ENTITIES WITH SPECIAL EXPERTISE WITH RESPECT TO ANY
16 ENVIRONMENTAL-, NATURAL RESOURCE-, OR AGRICULTURE-RELATED
17 ISSUE; AND
18 (II) MAY INCLUDE:
19 (A) FURTHER CLARIFICATION OF THE TERMINOLOGY USED TO".
20
21 Page 13, line 18, strike "(C)" and substitute "(B)".
22
23 Page 13, line 22, strike "(4)(a)(II)(C)," and substitute "(4)(a)(II)(B),".
24
25 Page 13, strike lines 24 and 25 and substitute "SHORT DURATION AS THE
26 DIRECT RESULT OF, PRECIPITATION EVENTS AND THAT HAS A CHANNEL
27 BOTTOM THAT IS ALWAYS ABOVE".
28
29 Page 14, strike lines 15 through 22 and substitute "THE AQUATIC
30 ECOSYSTEM SO LONG AS THE ALTERNATIVE DOES NOT HAVE OTHER
31 SIGNIFICANT ADVERSE ENVIRONMENTAL CONSEQUENCES. THE RULES MUST
32 ALSO INCLUDE CRITERIA FOR THE DIVISION TO USE TO IMPLEMENT THE
33 PROHIBITION, INCLUDING CONSIDERATION OF THE FEASIBILITY OF
34 SECURING NECESSARY WATER RIGHTS IN".
35
36 Page 15, strike line 2 and substitute:
37
38 "(C) ADDRESS THE DIRECT, INDIRECT, AND CUMULATIVE IMPACTS
39 OF THE".
40
41 Page 16, line 10, after "AND" insert "THEN".
42
43 Page 16, lines 17 and 18, strike "THE AQUATIC ENVIRONMENT." and
44 substitute "AQUATIC ECOSYSTEMS.".
45
46 Page 16, line 24, after "RESTORATION" insert "AND ENHANCEMENT".
47
48 Page 16, strike lines 26 and 27.
49
50 Page 17, strike lines 1 through 5.
51
52 Renumber succeeding subparagraphs accordingly.
53
54 Page 17, line 10, strike "(5)(b)(III):" and substitute "(5)(b)(II):".
55
1 Page 17, line 22, strike "(5)(b)(III)(B)," and substitute "(5)(b)(II)(B),".
2
3 Page 18, line 23, strike "ENGINEERS AND ISSUE" and substitute
4 "ENGINEERS, INCLUDING".
5
6 Page 19, strike lines 18 and 19 and substitute "DIVISION'S OBJECTIONS
7 WITH SPECIFICITY, IS SUBJECT TO DIRECT JUDICIAL REVIEW UNDER SECTION
8 25-8-404, AND IS NOT SUBJECT TO ADMINISTRATIVE RECONSIDERATION
9 UNDER SECTION 25-8-403.".
10
11 Page 19, after line 26 insert:
12
13 "(f) Administrative guidance. THE DIVISION MAY ESTABLISH
14 GUIDANCE TO ASSIST IN ADMINISTERING THE DREDGE AND FILL DISCHARGE
15 AUTHORIZATION PROGRAM. ADDITIONALLY, THE DIVISION MAY RELY UPON
16 RELEVANT GUIDANCE FROM THE FEDERAL ENVIRONMENTAL PROTECTION
17 AGENCY AND THE UNITED STATES ARMY CORPS OF ENGINEERS, INCLUDING
18 TECHNICAL GUIDANCE AND ENVIRONMENTAL ANALYSES UNDER THE
19 FEDERAL "NATIONAL ENVIRONMENTAL POLICY ACT OF 1969", 42 U.S.C.
20 SEC. 4231 ET SEQ., AS AMENDED, IN ADMINISTERING THE PROGRAM, TO THE
21 EXTENT SUCH GUIDANCE IS CONSISTENT WITH THIS SECTION AND THE
22 COMMISSION'S RULES.
23 (g) Western slope staff. THE DIVISION MAY, TO THE EXTENT
24 RESOURCES ALLOW, ESTABLISH ONE OR MORE STAFF POSITIONS IN THE
25 WESTERN SLOPE REGION OF THE STATE TO ASSIST WITH DREDGE AND FILL
26 PROGRAM ADMINISTRATION IN THAT GEOGRAPHIC AREA.".
27
28 Page 21, line 7, strike "material".
29
30 Page 21, strike lines 19 through 27 and substitute:
31
32 "(I) ACTIVITIES IN RECEIPT OF AN ACTIVE SECTION 404 PERMIT
33 THAT WAS ISSUED PRIOR TO MAY 25, 2023;
34 (II) ACTIVITIES IN RECEIPT OF AN UNEXPIRED APPROVED
35 JURISDICTIONAL DETERMINATION ISSUED BY THE UNITED STATES ARMY
36 CORPS OF ENGINEERS PRIOR TO MAY 25, 2023, FINDING THAT THE STATE
37 WATERS INTO WHICH THE PROPOSED DISCHARGE OF DREDGED OR FILL
38 MATERIAL WILL OCCUR ARE NOT WATERS OF THE UNITED STATES;
39 (III) ACTIVITIES IN RECEIPT OF AN ACTIVE SECTION 404 PERMIT
40 THAT WAS ISSUED ON OR AFTER MAY 25, 2023, EXCEPT TO THE EXTENT
41 THAT THE PROJECT AREA OF THE SECTION 404 PERMIT INVOLVES A
42 DISCHARGE OF DREDGED OR FILL MATERIAL INTO STATE WATERS THAT
43 HAVE BEEN DETERMINED BY THE UNITED STATES ARMY CORPS OF
44 ENGINEERS TO NOT BE WATERS OF THE UNITED STATES;".
45
46 Page 22, strike lines 16 through 19 and substitute "STRUCTURES.
47 (VI) CONSTRUCTION OR MAINTENANCE OF FARM PONDS, STOCK
48 PONDS, AND IRRIGATION DITCHES USED ONLY FOR AGRICULTURAL
49 PURPOSES OR MAINTENANCE OF DRAINAGE DITCHES AND IRRIGATION
50 DITCHES THAT ALSO CARRY WATER FOR MUNICIPAL OR INDUSTRIAL USE.
51 AS".
52
53 Page 23, strike lines 18 and 19 and substitute:
54
55
1 "(C) "MAINTENANCE" PERTAINING TO AN IRRIGATION DITCH, A
2 DRAINAGE DITCH, OR A DITCH THAT CARRIES RAW WATER FOR MUNICIPAL
3 OR INDUSTRIAL USE INCLUDES A REPAIR TO AN EXISTING STRUCTURE OR".
4
5 Page 25, strike lines 7 through 9 and substitute "ROADSIDE DITCHES, AND
6 IRRIGATION DITCHES THAT ARE EXCAVATED ON UPLAND;
7 (II) STORM WATER CONTROL FEATURES THAT ARE CONSTRUCTED
8 TO CONVEY, TREAT, OR STORE STORM WATER AND THAT ARE CREATED IN
9 UPLAND;".
10
11 Renumber succeeding subparagraphs accordingly.
12
13 Page 25, strike lines 14 through 16 and substitute "THAT ARE USED
14 EXCLUSIVELY FOR STOCK WATERING, IRRIGATION, SETTLING BASINS, OR
15 RICE GROWING;".
16
17 Page 26, line 1, strike "(8)(d)(VII)," and substitute "(8)(d)(VIII),".
18
19 Page 26, line 7, strike "(8)(d)(VIII)," and substitute "(8)(d)(IX),".
20
21 Page 26, line 14, strike "(8)(d)(VIII)," and substitute "(8)(d)(IX),".
22
23

House Journal, April 23
50 HB24-1379 be amended as follows, and as so amended, be referred to
51 the Committee of the Whole with favorable
52 recommendation:
53
54 Amend printed bill, page 28, strike lines 23 through 27.
55
56 Strike page 29 and substitute:
1 "SECTION 6. In Colorado Revised Statutes, 39-29-109.3, amend
2 (1) introductory portion; and add (11) as follows:
3 39-29-109.3. Severance tax operational fund - core reserve -
4 grant program reserve - definitions - repeal. (1) The executive director
5 of the department of natural resources shall submit with the department's
6 budget request for each fiscal year a list and description of the programs
7 the executive director recommends to be funded from the severance tax
8 operational fund created in section 39-29-109 (2)(b), referred to in this
9 section as the "operational fund". Except as otherwise provided in
10 subsection (10) SUBSECTIONS (10) AND (11) of this section, the general
11 assembly may appropriate money from the total money available in the
12 operational fund to fund recommended programs as follows:
13 (11) (a) ON JULY 1, 2024, THE STATE TREASURER SHALL TRANSFER
14 SEVEN HUNDRED FORTY-EIGHT THOUSAND DOLLARS FROM THE
15 OPERATIONAL FUND TO THE CLEAN WATER CASH FUND CREATED IN
16 SECTION 25-8-210 (4) FOR USE BY THE DEPARTMENT OF PUBLIC HEALTH
17 AND ENVIRONMENT IN ADMINISTERING THE PROGRAM DESCRIBED IN
18 SECTION 25-8-205.1.
19 (b) ON JULY 1, 2025, THE STATE TREASURER SHALL TRANSFER
20 SEVEN HUNDRED FORTY-EIGHT THOUSAND DOLLARS FROM THE
21 OPERATIONAL FUND TO THE CLEAN WATER CASH FUND CREATED IN
22 SECTION 25-8-210 (4) FOR USE BY THE DEPARTMENT OF PUBLIC HEALTH
23 AND ENVIRONMENT IN ADMINISTERING THE PROGRAM DESCRIBED IN
24 SECTION 25-8-205.1.
25 (c) THIS SUBSECTION (11) IS REPEALED, EFFECTIVE JULY 1, 2027.
26 SECTION 7. In Colorado Revised Statutes, 25-8-210, add
27 (4)(a)(I.5) and (4)(d) as follows:
28 25-8-210. Fees established administratively - rules -
29 stakeholding requirement - phase-in period - clean water cash fund
30 - creation - repeal. (4) (a) The clean water cash fund is created in the
31 state treasury. The fund consists of:
32 (I.5) MONEY THAT THE GENERAL ASSEMBLY TRANSFERS TO THE
33 FUND PURSUANT TO SUBSECTION (4)(d) OF THIS SECTION;
34 (d) FOR THE 2026-27 STATE FISCAL YEAR AND FOR EACH STATE
35 FISCAL YEAR THEREAFTER, THE STATE TREASURER SHALL TRANSFER TWO
36 HUNDRED FORTY-EIGHT THOUSAND THREE HUNDRED FOUR DOLLARS FROM
37 THE GENERAL FUND TO THE CLEAN WATER CASH FUND.
38 SECTION 8. Appropriation. (1) For the 2024-25 state fiscal
39 year, $747,639 is appropriated to the department of public health and
40 environment. This appropriation is from the clean water cash fund created
41 in section 25-8-210 (4)(a), C.R.S. Any money appropriated in this section
42 not expended prior to July 1, 2025, is further appropriated to the
43 department for the 2025-26 state fiscal year for the same purpose. To
44 implement this act, the department may use this appropriation as follows:
45 (a) $726,900 for use by the water quality control division for clean
46 water program costs, which amount is based on an assumption that the
47 division will require an additional 8.7 FTE; and
48 (b) $20,739 for the purchase of legal services.
49 (2) For the 2024-25 state fiscal year, $20,739 is appropriated to
50 the department of law. This appropriation is from reappropriated funds
51 received from the department of public health and environment under
52 subsection (1)(b) of this section and is based on an assumption that the
53 department of law will require an additional 0.1 FTE. To implement this
54 act, the department of law may use this appropriation to provide legal
55 services for the department of public health and environment.
1 SECTION 9. Safety clause. The general assembly finds,
2 determines, and declares that this act is necessary for the immediate
3 preservation of the public peace, health, or safety or for appropriations for
4 the support and maintenance of the departments of the state and state
5 institutions.".
6
7 Page 1, line 102, strike "ACTION." and substitute "ACTION, AND, IN
8 CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
9
10

House Journal, April 26
40 Amendment No. 1, Appropriations Report, dated April 23, 2024, and
41 placed in member's bill file; Report also printed in House Journal,
42 April 23, 2024.
43
44 Amendment No. 2, Agriculture, Water & Natural Resources Report, dated
45 April 8, 2024, and placed in member's bill file; Report also printed in
46 House Journal, April 9, 2024.
47
48 Amendment No. 3, by Speaker McCluskie:
49
50 Amend the Appropriations Committee Report, dated April 23, 2024, page
51 1, strike lines 21 through 26.
52
53 Reletter succeeding paragraph accordingly.
54
55

House Journal, April 29
30 Amend engrossed bill, page 11, line 22, strike "(3)(l)(III)" and substitute
31 "(3)(m)(III)".
32
33 Page 14, line 14, strike "AND".
34
35 Page 18, line 9, strike "EFFECTS" and substitute "IMPACTS".
36
37 Page 25, line 24, strike "(8)(b)(IV)," and substitute "(8)(b)(V),".
38
39 Page 26, line 18, strike "(8)(b)(VI):" and substitute "(8)(b)(VII):".
40
41 Page 34, line 11, strike "(1)(d)" and substitute "(1)(d), (4)(a)(I.5), and
42 (4)(d)".
43
44 Page 34, after line 21 insert:
45
46 "(4) (a) The clean water cash fund is created in the state treasury.
47 The fund consists of:
48 (I.5) MONEY THAT THE GENERAL ASSEMBLY TRANSFERS TO THE
49 FUND PURSUANT TO SUBSECTION (4)(d) OF THIS SECTION;
50 (d) FOR THE 2026-27 STATE FISCAL YEAR AND FOR EACH STATE
51 FISCAL YEAR THEREAFTER, THE STATE TREASURER SHALL TRANSFER TWO
52 HUNDRED FORTY-EIGHT THOUSAND THREE HUNDRED FOUR DOLLARS FROM
53 THE GENERAL FUND TO THE CLEAN WATER CASH FUND.".
54
55
1 Page 36, strike lines 20 to 27.
2
3 Page 37, strike lines 1 to 4.
4
5 Renumber succeeding sections accordingly.
6
7 The amendment was declared passed by the following roll call vote:
8
9 YES 58 NO 4 EXCUSED 3 ABSENT
10 Amabile Y English Y Lindstedt Y Sirota Y
11 Armagost Y Epps Y Luck N Snyder Y
12 Bacon Y Evans Y Lukens Y Soper Y
13 Bird Y Frizell Y Lynch Y Story Y
14 Bockenfeld E Froelich Y Mabrey Y Taggart Y
15 Boesenecker Y Garcia Y Marshall Y Titone Y
16 Bottoms N Hamrick Y Martinez Y Valdez Y
17 Bradfield Y Hartsook Y Marvin Y Velasco Y
18 Bradley Y Hernandez Y Mauro Y Vigil Y
19 Brown Y Herod Y McCormick Y Weinberg N
20 Catlin Y Holtorf N McLachlan Y Weissman Y
21 Clifford Y Jodeh Y Ortiz Y Willford Y
22 Daugherty Y Joseph Y Parenti Y Wilson Y
23 DeGraaf Y Kipp Y Pugliese Y Winter T. Y
24 deGruy Kennedy E Lieder Y Ricks E Woodrow Y
25 Duran Y Lindsay Y Rutinel Y Young Y
26 Speaker Y
27
28 As shown by the following roll call vote, a majority of all members
29 elected to the House voted in the affirmative, and Speaker McCluskie was
30 given permission to offer a Third Reading amendment:
31
32 YES 56 NO 7 EXCUSED 2 ABSENT
33 Amabile Y English Y Lindstedt Y Sirota Y
34 Armagost Y Epps Y Luck N Snyder Y
35 Bacon Y Evans Y Lukens Y Soper Y
36 Bird Y Frizell Y Lynch Y Story Y
37 Bockenfeld E Froelich Y Mabrey Y Taggart Y
38 Boesenecker Y Garcia Y Marshall Y Titone Y
39 Bottoms N Hamrick Y Martinez Y Valdez Y
40 Bradfield N Hartsook Y Marvin Y Velasco Y
41 Bradley Y Hernandez Y Mauro Y Vigil Y
42 Brown Y Herod Y McCormick Y Weinberg N
43 Catlin Y Holtorf N McLachlan Y Weissman Y
44 Clifford Y Jodeh Y Ortiz Y Willford Y
45 Daugherty Y Joseph Y Parenti Y Wilson Y
46 DeGraaf N Kipp Y Pugliese Y Winter T. Y
47 deGruy Kennedy Y Lieder Y Ricks E Woodrow N
48 Duran Y Lindsay Y Rutinel Y Young Y
49 Speaker Y
50
51 Third Reading amendment No. 2, by Speaker McCluskie:
52
53 Amend engrossed bill, page 12, strike lines 17 and 18 and substitute
54 "SURROUNDED BY UPLANDS. "ISOLATED WETLANDS"".
55
1 Page 18, line 3, strike "THE" and substitute "IN ADDITION TO THE
2 DIVISION'S AUTHORITY IN SUBSECTION (5)(b)(III) OF THIS SECTION TO
3 ISSUE A STATEWIDE GENERAL AUTHORIZATION FOR DISCHARGES TO
4 ISOLATED STATE WATERS, THE".
5
6 Page 20, after line 20 insert:
7 "(F) THE AUTHORIZATION TERM OF THE STATEWIDE GENERAL
8 AUTHORIZATION FOR DISCHARGES TO ISOLATED STATE WATERS IS FIVE
9 YEARS.".
10
11 Page 26, line 13, after "LAGOONS," insert "SPRINGS,".
12
13 Page 26, lines 16 and 17, strike "WHERE AT LEAST FORTY-FIVE PERCENT
14 OF THE WATER IN THE DITCHES IS" and substitute "THAT DOES NOT CARRY
15 WATER PRIMARILY".
16
17 Page 27, line 12, after "SYSTEMS," insert "RETURN STRUCTURES,".
18
19 Page 27, strike line 14 and substitute "WATER THAT IS USED PRIMARILY
20 FOR IRRIGATION,".
21
22 Page 27, strike lines 18 through 27.
23
24 Page 28, strike lines 1 through 15 and substitute "DITCH AND NOT A
25 DRAINAGE DITCH.".
26
27 Reletter succeeding sub-subparagraphs accordingly.
28
29 The amendment was declared passed by the following roll call vote:
30
31 YES 56 NO 7 EXCUSED 2 ABSENT
32 Amabile Y English Y Lindstedt Y Sirota Y
33 Armagost Y Epps Y Luck N Snyder Y
34 Bacon Y Evans Y Lukens Y Soper N
35 Bird Y Frizell N Lynch Y Story Y
36 Bockenfeld E Froelich Y Mabrey Y Taggart Y
37 Boesenecker Y Garcia Y Marshall Y Titone Y
38 Bottoms N Hamrick Y Martinez Y Valdez Y
39 Bradfield N Hartsook Y Marvin Y Velasco Y
40 Bradley N Hernandez Y Mauro Y Vigil Y
41 Brown Y Herod Y McCormick Y Weinberg Y
42 Catlin Y Holtorf N McLachlan Y Weissman Y
43 Clifford Y Jodeh Y Ortiz Y Willford Y
44 Daugherty Y Joseph Y Parenti Y Wilson Y
45 DeGraaf Y Kipp Y Pugliese Y Winter T. Y
46 deGruy Kennedy Y Lieder Y Ricks E Woodrow Y
47 Duran Y Lindsay Y Rutinel Y Young Y
48 Speaker Y
49
50 The question being, "Shall the bill, as amended, pass?".
51 A roll call vote was taken. As shown by the following recorded vote, a
52 majority of those elected to the House voted in the affirmative, and the
53 bill, as amended, was declared passed.
54
55
1 YES 43 NO 20 EXCUSED 2 ABSENT
2 Amabile Y English Y Lindstedt Y Sirota Y
3 Armagost N Epps Y Luck N Snyder Y
4 Bacon Y Evans N Lukens Y Soper N
5 Bird N Frizell N Lynch N Story Y
6 Bockenfeld E Froelich Y Mabrey Y Taggart N
7 Boesenecker Y Garcia Y Marshall Y Titone Y
8 Bottoms N Hamrick N Martinez Y Valdez Y
9 Bradfield N Hartsook N Marvin Y Velasco Y
10 Bradley N Hernandez Y Mauro Y Vigil Y
11 Brown Y Herod Y McCormick Y Weinberg N
12 Catlin N Holtorf N McLachlan Y Weissman Y
13 Clifford Y Jodeh Y Ortiz Y Willford Y
14 Daugherty Y Joseph Y Parenti Y Wilson N
15 DeGraaf N Kipp Y Pugliese N Winter T. N
16 deGruy Kennedy Y Lieder Y Ricks E Woodrow Y
17 Duran Y Lindsay Y Rutinel Y Young Y
18 Speaker Y
19 Co-sponsor(s) added: Representative(s) Bacon, Boesenecker, Brown,
20 Daugherty, Duran, English, Epps, Jodeh, Joseph, Kipp, Lindsay, Lukens,
21 Mabrey, Marvin, McLachlan, Ricks, Rutinel, Sirota, Titone, Valdez, Velasco,
22 Vigil, Weissman
23

Senate Journal, May 4
After consideration on the merits, the Committee recommends that HB24-1379 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.
Amend reengrossed bill, page 13, line 26, after "(a)" insert "(I)".

Page 14, strike lines 5 through 8 and substitute "IMPACTS OF DREDGE AND FILL
ACTIVITY AND MUST INCORPORATE THE GUIDELINES DEVELOPED PURSUANT TO
SECTION 404 (b)(1) OF THE FEDERAL ACT.
(II) THE RULES PROMULGATED PURSUANT TO SUBSECTION (4)(a)(I) OF
THIS SECTION MUST INCLUDE:".

Page 14, line 16, strike "AND".

Page 14, strike lines 22 through 27.

Page 15, strike lines 1 through 8 and substitute:
"(E) AN EXEMPTION FOR VOLUNTARY STREAM RESTORATION EFFORTS
IN EPHEMERAL STREAMS THAT DO NOT REQUIRE COMPENSATORY MITIGATION
AND ARE DESIGNED SOLELY TO PROVIDE ECOLOGICAL LIFT WHERE THE ACTIVITY
IS TAKING PLACE. AS USED IN THIS SUBSECTION (4)(a)(I)(E), "EPHEMERAL
STREAM" MEANS A STREAM CHANNEL OR A REACH OF A STREAM CHANNEL THAT
CARRIES FLOW DURING, AND FOR A SHORT DURATION AS THE DIRECT RESULT OF,
PRECIPITATION EVENTS AND THAT HAS A CHANNEL BOTTOM THAT IS ALWAYS
ABOVE THE GROUNDWATER TABLE.
(III) THE RULES PROMULGATED PURSUANT TO SUBSECTION (4)(a)(I) OF
THIS SECTION MAY INCLUDE:
(A) FURTHER MINOR CLARIFICATION OF THE TERMINOLOGY USED TO
DEFINE THE EXEMPTIONS AND EXCLUSIONS IN SUBSECTIONS (8)(b) AND (8)(d)
OF THIS SECTION WITHOUT LIMITING OR EXPANDING THE SCOPE OF THE
EXEMPTIONS AND EXCLUSIONS; AND
(B) A DEADLINE SHORTER THAN TWO YEARS FOR THE DIVISION TO ACT
UPON A COMPLETE APPLICATION FOR AN INDIVIDUAL AUTHORIZATION FOR
PROJECTS THAT INVOLVE MINIMAL TO MODERATE COSTS AND HAVE MINIMAL
WATER QUALITY IMPACTS OR LIMITED POTENTIAL WATER QUALITY IMPACTS.
(IV) (A) IN PROMULGATING THE RULES DESCRIBED IN SUBSECTION
(4)(a)(I) OF THIS SECTION, THE COMMISSION SHALL ENSURE THAT THE RULES ARE
AS PROTECTIVE AS THE GUIDELINES SET FORTH IN SECTION 404 (b)(1) OF THE
FEDERAL ACT AND IN EFFECT AS OF THE EFFECTIVE DATE OF THIS SECTION.
(B) IF THE COMMISSION FINDS, BASED ON A DEMONSTRATION AT A
PUBLIC RULEMAKING HEARING, THAT THE GUIDELINES SET FORTH IN SECTION
404 (b)(1) OF THE FEDERAL ACT ARE NOT PROTECTING STATE WATERS, THE
COMMISSION SHALL AMEND ITS RULES OR ADOPT NEW RULES TO PROTECT STATE
WATERS. SUCH A HEARING MAY BE INITIATED BY THE COMMISSION UPON ITS
OWN MOTION OR UPON A PETITION FROM THE DIVISION. ANY INTERESTED
PERSON MAY PETITION TO THE COMMISSION TO INITIATE A HEARING, AND THE
COMMISSION MAY GRANT OR DENY SUCH A REQUEST.
(C) THE COMMISSION'S FINDINGS TO SUPPORT ANY CHANGES TO ITS
RULES MUST BE BASED ON SOUND SCIENTIFIC OR TECHNICAL EVIDENCE IN THE
RECORD DEMONSTRATING THAT RULES MORE PROTECTIVE THAN THE
GUIDELINES SET FORTH IN SECTION 404 (b)(1) OF THE FEDERAL ACT ARE
NECESSARY TO PROTECT THE CHEMICAL, PHYSICAL, AND BIOLOGICAL INTEGRITY
OF STATE WATERS. THE FINDINGS MUST BE ACCOMPANIED BY A STATEMENT OF
BASIS AND PURPOSE REFERRING TO AND EVALUATING THE INFORMATION AND
STUDIES CONTAINED IN THE RECORD, WHICH FORM THE BASIS FOR THE
COMMISSION'S CONCLUSION.".

Page 16, line 10, strike "ACTIVITY;" and substitute "ACTIVITY ON THE
CHEMICAL, PHYSICAL, AND BIOLOGICAL INTEGRITY OF STATE WATERS;".

Page 18, line 20, strike "(A)".

Page 19, strike lines 14 and 15.

Page 25, line 11, strike "UNEXPIRED".

Page 25, line 15, strike "STATES;" and substitute "STATES UNLESS THERE HAS
BEEN A SIGNIFICANT HYDROLOGICAL CHANGE SINCE THE DETERMINATION WAS
ISSUED;".

Page 25, line 21, strike "STATES;" and substitute "STATES UNDER THE SECTION
404 PERMIT AND ARE NOT OTHERWISE EXCLUDED UNDER THIS SECTION;".

Page 26, strike lines 20 through 23 and substitute "A DRAINAGE DITCH,
ROADSIDE DITCH, OR A DITCH OR CANAL CONVEYING WASTEWATER OR WATER.
CONSTRUCTION OF NEW WORK OR TO EXTEND, EXPAND, OR RELOCATE AN
IRRIGATION DITCH OR ACEQUIA FOR MUNICIPAL OR INDUSTRIAL PURPOSES IS NOT
AN EXEMPT ACTIVITY. AS USED IN THIS SUBSECTION (8)(b)(VII):".

Page 27, strike lines 19 and 20 and substitute "IF A DITCH CARRIES WATER THAT
IS USED FOR IRRIGATION, IRRIGATION RETURN FLOWS OR RETURN FLOW
OBLIGATIONS, AQUIFER RECHARGE, AQUIFER OR STREAM AUGMENTATION OR
REPLACEMENT, OR PRECIPITATION OR SNOWMELT THAT".

Page 28, line 2, after "A" insert "DRAINAGE DITCH, A ROADSIDE DITCH, OR A".

Page 29, line 13, after "RECLAMATION FACILITIES," insert "WATER
MANAGEMENT FACILITIES,".

Page 29, strike lines 17 and 18 and substitute "SYSTEMS, WEIRS, GATES,
CLARIFIERS, SOLIDS HANDLING, FILTERS, SEDIMENTATION BASINS, TREATMENT
PONDS AND LAGOONS, AND RELATED FEATURES, WHICH MAINTENANCE
ACTIVITIES KEEP THE".

Page 36, after line 8 insert:
"SECTION 7. In Colorado Revised Statutes, 25-8-305, add (5) as
follows:
25-8-305. Annual report - repeal. (5) (a) ON OR BEFORE OCTOBER 1,
2026, AND FOR EACH YEAR THEREAFTER, THE REPORT DESCRIBED IN
SUBSECTION (1) OF THIS SECTION MUST PROVIDE AN OVERALL UNDERSTANDING
OF THE STATE OF IMPLEMENTATION OF THE DREDGE AND FILL DISCHARGE
AUTHORIZATION PROGRAM DESCRIBED IN SECTION 25-8-205.1. FOR THIS
PURPOSE, THE DIVISION SHALL DEVELOP A TWELVE-MONTH REPORTING PERIOD.
AT A MINIMUM, THE REPORT MUST INCLUDE:
(I) PROGRAM STAFFING AND BUDGET OVER THE TWELVE-MONTH
REPORTING PERIOD;
(II) GENERAL AUTHORIZATION PROGRAM COMPONENTS OVER THE
TWELVE-MONTH REPORTING PERIOD, INCLUDING:
(A) THE TOTAL NUMBER OF PRECONSTRUCTION NOTIFICATIONS OR
COVERAGE VERIFICATION REQUESTS RECEIVED DURING THE TWELVE-MONTH
REPORTING PERIOD;
(B) THE TOTAL NUMBER OF PROJECTS AUTHORIZED TO PROCEED DURING
THE TWELVE-MONTH REPORTING PERIOD;
(C) THE TOTAL NUMBER OF PROJECTS AUTHORIZED TO PROCEED DURING
THE TWELVE-MONTH REPORTING PERIOD THAT INCLUDED SPECIAL CONDITIONS;
(D) THE TOTAL NUMBER OF PROJECTS AUTHORIZED TO PROCEED UNDER
SECTION 25-8-205.1 (5)(d) DURING THE TWELVE-MONTH REPORTING PERIOD;
(E) THE TOTAL NUMBER OF PROJECTS DENIED GENERAL AUTHORIZATION
COVERAGE DURING THE TWELVE-MONTH REPORTING PERIOD AND A SUMMARY
OF THE REASONS FOR DENIALS;
(F) THE RANGE OF TIME AND AVERAGE TIME REQUIRED TO PROCESS
PRECONSTRUCTION NOTIFICATIONS AND COVERAGE VERIFICATION REQUESTS
FROM RECEIPT TO FINAL DECISION DURING THE TWELVE-MONTH REPORTING
PERIOD; AND
(G) THE TOTAL NUMBER OF FULL-TIME EMPLOYEES TASKED WITH
PROCESSING PRECONSTRUCTION NOTIFICATIONS, COVERAGE VERIFICATION
REQUESTS, AND TECHNICAL ASSISTANCE DURING THE TWELVE-MONTH
REPORTING PERIOD; AND
(III) INDIVIDUAL AUTHORIZATION PROGRAM COMPONENTS, INCLUDING:
(A) THE TOTAL NUMBER OF AUTHORIZATION APPLICATIONS RECEIVED
DURING THE TWELVE-MONTH REPORTING PERIOD;
(B) THE TOTAL NUMBER OF PROJECTS AUTHORIZED TO PROCEED DURING
THE TWELVE-MONTH REPORTING PERIOD;
(C) THE TOTAL NUMBER OF PROJECTS DENIED AUTHORIZATION
COVERAGE DURING THE TWELVE-MONTH REPORTING PERIOD AND A SUMMARY
OF THE REASONS FOR DENIALS;
(D) THE TOTAL NUMBER OF APPLICATIONS AWAITING ACTION AT THE
END OF THE TWELVE-MONTH REPORTING PERIOD;
(E) THE RANGE OF TIME AND AVERAGE TIME REQUIRED TO PROCESS
INDIVIDUAL AUTHORIZATION APPLICATIONS FROM RECEIPT TO FINAL DECISION
DURING THE TWELVE-MONTH REPORTING PERIOD; AND
(F) THE TOTAL NUMBER OF FULL-TIME EMPLOYEES TASKED WITH
PROCESSING INDIVIDUAL AUTHORIZATIONS DURING THE TWELVE-MONTH
REPORTING PERIOD.
(b) ON A QUARTERLY BASIS, THE DIVISION SHALL REPORT TO THE JOINT
BUDGET COMMITTEE THE NUMBER OF INDIVIDUAL DREDGE AND FILL
AUTHORIZATIONS AND NOTICES OF AUTHORIZATION THAT THE DIVISION
PROJECTS TO ISSUE FOR THE FISCAL YEAR. THE DIVISION SHALL SUBMIT THESE
REPORTS SO THAT THEY COINCIDE WITH QUARTERLY BUDGET FORECASTS.".

Renumber succeeding sections accordingly.

Finance